Mardi Gras Indians Ready to File Copyright Lawsuits

It’s that time again for…Mardi Gras and, yes, copyright infringement law suits. Almost a year ago I wrote of the New Orleans based Mardi Gras Indians and their interest in protecting their costumes from commercial exploitation by commercial photographers.

NPR ran a story today on this dilemma, particularly since some of the costumes have now been registered with the U.S. copyright office, thus making them ripe for potential copyright infringement lawsuits. What’s the problem with people taking pictures of the Mardi Gras Indians? Nothing, so long as you use the pictures for personal reasons. But if you’re looking to profit from them the way some photographers have been doing–think calendars, posters, mugs–then expect to get hit with either a licensing offer or a copyright infringement lawsuit.

If you’re wondering if U.S. copyright law protects costumes, the general answer is a simple “no.” This is what makes these situations interesting: the question of how far courts will go in expanding the definition of art and sculpture. Let’s see what happens. NPR story here.