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     This article discusses the legal framework in which copyright cases are debated and decided. Geller begins by describing the basis of “territoriality” and how it is derived from the international system of nation-states and clear boundaries. The author admits that this definition is highly problematic when dealing with cyberspace and transfers of data that cut across borders. He then goes on to discuss the variations in each country’s laws regarding cyberspace copyright infringement and how this often leads to inconsistent judgments. For example, in a case that involves multiple countries, a court may award infringement compensation within the conservative limits of a particular country’s legal system. At the same time, it might use justification from another country’s legal code to grant a severe punishment. Geller concludes that the most effective way of combating international intellectual piracy is through a standardized legal code that eliminates such gross inconsistencies.
     This paper is very valuable for the question that I am trying to answer, because it shows the legal perspective and legal limitations of the prosecution of international copyright infringement cases. The Internet operates in a borderless context and if the international community wants to regulate online copyright infringement, multinational institutions needs to modify their framework. Similarly, if the ACTA is to be effective, it should not be based on a borders and territoriality. The paper also demonstrates that the ACTA will merely add another set of rules to the already complicated international legal network. Nevertheless, the paper fails to propose a way to iron out the inconsistencies in legal codes around the world. Perhaps the ACTA is a valuable multinational forum but its focus should be shifted to addressing the problems within the existing legal system and not creating new laws.

Raustiala, Kal and Sprigman, Chris,The Piracy Paradox: Innovation and Intellectual Property in Fashion Design. Virginia Law Review, Vol. 92, p. 1687, 2006; UCLA School of Law Research Paper No. 06-04.

This paper is extremely informative in that it addresses both sides of fashion copyright, whereas most other papers point out only one side of the argument. Moreover, it explores the question of why other major industries have obtained and used powerful IP protections for their products, while the fashion industry is for the most part still ineffective yet very economically successful. First, the paper argues that there should be an effective copyright on fashion because it protects the designers' creativity. However, it also argues that a weak IP actually helps the fashion industry in its innovation. Specifically, the terms "induced obsolescence" and "anchoring" are mentioned to explain that copying is actually beneficial for the fashion industry and in fact promotes fashion.

I will be able to refer to this article a great deal when writing my own paper because it explains how the fashion industry’s piracy paradox works and explores how copying plays an important role in the fashion industry’s innovation cycle. It also gives an ample of amount of history about fashion copyright, which is very important for my paper. Finally, it will help me to support my thesis because it talks about both sides of the argument. Therefore, in my paper, I will be able to address both sides of the fashion copyright problem and give reliable information to support either side, although ultimately, I will acknowledge that there should not be a fashion copyright.

This is an article from the Wahab & Medenica law firm's media blog which deals with issues of intellectual property. This blog entry explains the significance of emerging laws in response to the growing trend of copying fashion designs. Designers have been trying even harder these days to protect their works and as a result Congress proposes a new method. The Design Piracy Prohibition Act proposes a limited three year term for fashion designs that commences upon whichever is earlier the date of publication of registration or the date the design is first made public.  Under this act the term fashion is defined broadly to include everything from handbags to footwear. The blog goes on to explain the current status of Copyright laws in regards to fashion design.  Two cases are presented in order to challenge the issue of the functionality hurdle which designers face when trying to protect their work.  The most important case is the Kieselstein v. Accessories by Pearl in which the court granted Kieselstein the right to copyright the design of the belt buckle. Even though this is a step in the right direction for fashion protection, there are no cases which deal with the protection of garments of clothing. The United States does not protect fashion designs but France and England do and this article suggest that the United States should follow their lead. The proposed Design Piracy Prohibition Act will follow in the steps of the E.U. regulation which currently protects fashion designs in the form of registered and unregistered community designs. This new act will address the copycat culture which has grown tremendously within the fashion industry. Even though the act will protect the original designer, it will severely restrict a designer's ability to emulate the styles of others.  The importance of this article to my thesis is the proposition of an alternate method of fashion protection, The Design Piracy Prohibition Act.  Even though this act has not been passed yet, the blog explains what might happen if it is passed as well as provides background information about the act itself.