This article introduces another argument to support the one that states that pirates can actually be beneficial to the original producers of fashion products. The authors render that pirates are not merely copiers. On the contrary, they often inspire high-end fashion designers in new directions. Specifically, the article cites the example of Fred Nuovo, the designer of the Nokia luxury brand, recognizing his idea of creating Vertu came from pirates who were selling counterfeit Nokia phones with diamonds on them. In addition, the article describes an incident in which Coco Chanel, a high-end fashion designer, used raffia in her collection after her press secretary bought a counterfeit Coco Chanel knockoff outfit that had included raffia trim, a detail the original lacked. If this were to be true, the usually pirated firms are the ones who are pirating from the so-called "pirates." In the conclusion, the article admits that the overall impact on social welfare remains ambiguous and calls for further research into this topic as a whole.

This article adds another argument that is important for my topic: that often producers not only gain financial benefits from pirates, but that they also often take creative ideas and details from counterfeited products. In addition, I appreciate the way that the author notes that the beneficial gains from pirating are still, at this point, ambiguous and that further research is needed to be conducted in order to fully understand the implications piracy has on fashion designers and their revenue of sales.

 

 

This article recognizes that fashion design does not currently receive protection under U.S. Copyright law. H.R. 2033, the "Design Piracy Prohibition Act" would amend Chapter 13 of the U.S. Copyright Act, which now protects the designs of vessel hulls. This article analyzes the amendments that H.R. 2033 would make to Chapter 13 of the Copyright Act, including granting fashion designs a three-year term of protection, based on registration with the U.S. Copyright Office. Lastly, it summarizes arguments both in favor of and against giving protection to fashion designs. In the article, the author points to the fact that those against protection of fashion designs fail to recognize fashion as an artistic form of creativity. They simply view fashion and clothing as utilitarian. In addition, those in favor of protection highlight how easily runway photographs can be accessed from the Internet, making it easy to be copied. They also say that young designers specifically have difficulty in establishing themselves because of how easily designs are copied, and they point to the protection granted to fashion designs in other areas of the world.

            This article is important for my topic because it complicates my argument that pirates actually benefit the original designers. In this article the arguments made against my thesis are clearly stipulated, which I will include in my paper in order to acknowledge the opposing argument. This article is also important because of the way that it analyzes the impending "Design Piracy Prohibition Act" and its implications for future fashion designs.

 

 

This article's overall argument is that although counterfeiting is a criminal activity, the act of counterfeiting is not always damaging to brands and can actually work to a brand's advantage. The author lists numerous ways in which this is accomplished, such as that it can increase a brand's awareness and desirability in the public's eye. A new way of looking at how counterfeited products help the original is by analyzing who is purchasing the counterfeits. The article argues that the people who buy the fake products are not financially able to buy the original, and that if they were, they would be the first in line to purchase the original. In this way, the increased brand exposure only helps to entice those who are able to buy the original. The counterfeit proves as no competition for the original. Another new piece of argumentation is that it closes off competition. The author notes that high priced branded goods encourage competition at slightly lower prices. Then, the "fake" products are priced as significantly lower prices. Thus, the competition is squeezed out because it is prices out of the top market by the original brand and is unable to compete with the very low prices of counterfeited products.

            I chose this article to use for my final project because it clearly explains that way in which counterfeited products eliminate the real competition for the original higher priced products. This adds a new dimension to my argument because previous articles did not deal with the actual competition of the original producers of fashion goods in the way that this author does.

 

 

This article argues against the thinking enforced by the incentive thesis, which argues for strict enforcement of intellectual property rights against piracy, or imitation. According to this theory, if the original producers are not protected, they will lose the incentive to produce new items. The article states that counterfeiting in fact does not always diminish the original producers' innovation incentives. The author gives two reasons to back up his argument. First, the introduction of copies will increase the amount of money that the elite are willing to pay for the original fashion product. In addition, the fact that a product is being copied will increase the desirability of the product to the non-elite consumers. Because of this increase in perceived desirability, such consumers will believe that the status benefits acquired from owning the product make the product worthy of a purchase. Thus, not only will the elite increase their purchasing of the item, but the non-elite consumers will also more often buy the fashion good. Both increase the producer's revenues on sales of the original, despite the counterfeiting.

This article is important for my topic because it argues against the need for protection against counterfeit products. Here, the consumer is not only the one being aided by the pirates, but the producer, too, is gaining more benefits, in the form of an increase in the revenue of sales on a fashion good, with the appearance of counterfeited products. I think it is important to note that the author specifies the counterfeiting is "imperfect," which increases the desirability of the product, both for the elite and non-elite consumers.

 

 

This article questions why the fashion industry has failed to secure U.S. copyright protection for its designs, despite the rampant view that piracy is an extremely fatal and potentially destructive threat to the drive to engage in creative pursuits. It tracks the film, music, software, and publishing industries, illustrating that such industries have used this argument for demanding increased legal protection. On the other hand, fashion firms and designers have not. The author gives several reasons for his argument. First, the article states that even original producers are sometimes copiers themselves. Different designers at different times set the trends for a season, and all engage in copying at some point. Also, because of the fashion industry's quick design cycle, a firm's position as either copier or originator is constantly and very swiftly changing. Furthermore, the article notes that the fashion industry is dependent on whether or not the consumer is aware of the newest trends. Thus, widespread copying results in some coherence. There is always a range of new designs produced each season, and the counterfeited products make clear to the consumers was is "trendy" at the time.

            This article is important for my overall topic because it gives claim to the argument that lack of protection rights for top designers are actually increasing the sales for these designers' products. Without counterfeiting, the American public will not be aware of what is "trendy," which would result in greater distribution of sales, but less concentrated sales for a particular design. Also, it gives substance to the argument that all designers borrow from one another at some point, for the industry is constantly evolving.

 

 

This article explores the relationship between creativity and the community at large. The authors use as their example of a creative industry the fashion industry, and shows the ways that creativity should not be considered only as a matter of individual creativity. Instead, it should involve a "conversation" between individuals and larger communities of people and traditions. In this way, fashion takes many of its stylistic elements from the past. The article gives examples of taking elements from the Polynesian islands, urban street corners, stock-car races, and bowling alleys, and then transforming them into new trends. The evolution of fashion is described, beginning with haute couture in Paris, Milan, and New York that was the fountainhead of new styles, to the introduction of women in the work world, which resulted in a waning of the cultural appeal of high fashion. Then, celebrities and movie stars took the place of elite fashion shows, making fashion a more year-round passion than before. Lastly, the article recognizes the problem of "originality," and denotes the lineage of high fashion. It states that fashion shows the ways in which creativity involves building upon the past and sharing inspiration. Because of this, creativity requires freedom, in the authors opinion. The most innovative work comes from the artful recombination of existing work.

            This article is important for my topic because it examines the issue at large from a less monetary way of looking at things. The article does not discuss whether or not the designers will be hurt financially, but argues that in order for the creativity of designers to flourish, they must have the freedom to borrow inspiration from the community, others, and the past.

 

 

This Congressional testimony came from Narciso Rodriguez, who speaks on behalf of the Council of Fashion Designers of America, a not-for-profit trade association of America's fashion and accessory designers. First, he speaks about how frequently fashion designs are being copied. Then, he relates his journey from being the only son of Cuban immigrants, growing up in Newark, NJ, and finally becoming a fashion designer. This journey, he tells, took training, hard work, and financial capital. Then, he attempts to argue that fashion designs are not utilitarian in nature, but that they are works of art, citing specific designers and giving examples of their work. He then covers certain specifics of the HR 2033. For example, no previous designs would be protected by the bill; thus, past designs can be used for inspiration. Also, he states that the market will not be drained of reasonably priced items. Furthermore, the consumers of pirated products are not to be punished. As a whole, the speaker urges that the protection bill for fashion designs be passed.

            This is important for my topic because it complicates my thesis. If, as many of my sources argue, pirates really do benefit the producer of the original, I wonder why so many producers are asking for protection of their products. This testimony gives voice to one of these producers, a man who is responsible for original fashion designs and feels as though pirates and copiers are hurting him financially.

 

As I am getting older, my affinity for shoes and bags is growing with my years. It is not necessarily the name, but the style and the feel, the look of bags and shoes that draw me to spend more and more on fashion. I spend time flipping through catalogues and websites, walking through stores, just appreciating the things I will never own for the financial burden of a shoe and bag obsession has caused a dip in my credit at a young age. However, the abundance of knock-off's for name brands, being sold at much more affordable prices, pose an obvious threat to the fashion aesthete. Just because they look the same, are they same? Who would know? Is the quality the same? The color? Because one brand creates a cute patent leather pump with a rounded toe, and soon after another is selling a shockingly similar shoe, has there been an instance of fashion fraud? Where are the fashion police, the crusaders of all things good and just? Who says what can be determined as having artistic integrity and or intellectual creativity? The moment an idea comes to one's mind, should they file for some sort of protection? The thought process and intellectual property law forever obscure the lines for all concerned about legal protection. Regardless of the medium, intellectual property law is a dynamic field and asks its noble followers to help untangle the messy web of ambiguity. Where do our thoughts and individual creativity meet at the crossroads of copyright and protection? In the fashion industry, one of the world's fastest growing entities as well as large supplier of creative material, intellectual property law and copyright are a new development in the protection of designs and details, sweaters and stitching. Whether in sketch form or in skirt, from the drawing board to the boardroom, fashion copyright is complicated. Can it be protected? When does an instance of 'substantial similarity' become imitation or worse, chargeable theft? Can the line be drawn? If copyright law is extended to include protection for fashion design, will the world of fashion be forever affected? The blurriness in the fashion design industry resulting from the almost counterintuitive cycle of fashion profits spurred by piracy makes it incredibly difficult to decide. Ultimately, copyright protection for fashion design is necessary and without protection, piracy will continue to hinder the progress of creativity and production as well as cause a discontinuity in what can be considered organic artistic thought.

Since the 1920's fashion has been copied in one form or another but it is not until recently that designers are taking a stand and trying to seek protection for their hard work. But what form of protection is available for their fashion design? Copyright, trademark, or patent laws? These are all methods in which parts of fashion design are protected but none of these intellecutal property laws grant protection for an entire fashion design. If laws are changed to include fashion design protection which method would provide the best protection? Also, how would this affect those who have based their career on "knockoffs"? Is there one law which provides a better form of protection or should the United States adopt laws currently used by France or the United Kingdom? Some believe that if fashion designs are protected by copyright laws then this will alleviate the uncertainty in the fashion industry of what is right and wrong. Copyright currently does not protect fashion but the proposition to change Chapter 13 Article 17 of the U.S. Code to protect fashion designs has the ability to change the fashion industry.

Raustiala, Kal and Christopher Sprigman. The Piracy Paradox: Innovation and Intellectual Property in Fashion Design. Research Paper No. 06-04.     UCLA School of Law. January 2006. http://ssrn.com/abstract=878401.

The piracy paradox includes discussion on the “innovation and intellectual property in fashion design.” The piracy paradox essay is the most recent document expanding on the issue of fashion protection. While other articles in the past have brought up one side of the debate, mainly the importance of changing existing laws to protect fashion designs, this article goes into great depth about both sides of the argument.  The fashion industry’s principle creative element is outside the domain of IP law. This article asks a very important question, “Why is copying in the fashion industry treated so differently from copying in other creative industries?” The author goes on to argue that copyright fails to deter innovation in the fashion industry because copying is not harmful to originators. Also, it explains how copyright functions as an important element of the apparel industry’s “swift cycle of innovation.” Another question answered is to what degree are IP rights necessary in particular industries to induce investment in innovation?  The article is divided into three parts which include: a brief overview of the apparel industry, induced obsolescence and anchoring, and lastly, the broader implications of the fashion case.

Designs are frequently copied by retailers, such as H&M, which offers cheap copies of expensive fashion. Copying isn’t limited to retailers; magazines continually show examples of “splurge vs. steal” outfits. Also, copying is not limited to fashion as well, art, music, dance, and film are copied all the time but there are protections in place to protect an author’s work. The article talks about the new technologies which allow for the faster replication of fashion designs which leads to the swift cycle of innovation. Designers have to create new works at an even quicker pace nowadays to keep up with the current trends and create new trends in which people will want to buy. Even though the fashion industry has remained unaffected by the lack of protection, there is a standard IP theory which predicts that extensive copying will eventually destroy the incentive for innovation. This is one of the reasons lawmakers have been pushing to create some form of fashion design protection recently. This article is a great source for current, up-to-date information about the fashion piracy debate. Many important issues are brought up including, moving forward with fashion, the positive and negative impacts of fashion piracy protection, all of which are useful for my final paper in discussing what is the best method of protection and is it a viable solution. The explanation of the place of IP protection in fashion design and instances where copyright protection will beneficial is relevant to my final paper. This paper is defines the different processes in the fashion world and helps to clarify the important roles played in the one-day inclusion of fashion design into copyright legislature.

Raustiala, Kal and Christopher Sprigman. The Piracy Paradox: Innovation and Intellectual Property in Fashion Design. Research Paper No. 06-04.     UCLA School of Law. January 2006. http://ssrn.com/abstract=878401.

 

This long paper was written by Karl Raustiala and Christopher Sprigman. Ninety pages in its entirety, it is a thesis on IP law and Fashion Design. This paper is perhaps the most important piece on IP and Fashion Design to come out recently. The essay opens with a strong paragraph, the authors write the following.

"Advocates
for strong intellectual property (IP) protections note that scientific and technological
innovations, as well as music, books, and other literary and artistic works, are often
difficult to create but easy to copy. Absent IP rights, they argue, copyists will free-ride
on the efforts of creators, discouraging future investments in new inventions and
creations. In short, copying stifles innovation."

This idea that "copying stifles innovation," is not new and not only limited to Fashion Design. The same proverb applies neatly to writing, music, art, dance, film, anything that stirs the creative. The authors continue and say though trademarks are well protected, copying of designs are everywhere. The fact that the fashion design industry continues to put out new designs and accessories at an incredibly fast pace and seem unaffected by the copying defies what the authors call "standard IP theory." " The standard theory of IP rights predicts that extensive copying will destroy the incentive for new innovation. Yet, fashion firms continue to innovate at a rapid clip, precisely the opposite behavior of that predicted by the standard theory."

The sources cited in the paper are both common and uncommon, clearly related to fashion design and copyright while others take a more general role in explaining the place of public domain and free thoughts. The paper also shoes some pictures of examples of what would be copyright infringement and how it differs from trademarks. The authors continue to explain thoroughly the place of IP in fashion design and instances where copyright protection would have been beneficial. The paper also plays its own devil's advocate, denyin it of copyright protection, claiming, if the fashion design industry is so profitable now, why protect it? The continue and talk about the fashion cycle, the thought process to the pen, the pen to the paper, the paper to the catwalk, and then to closets around the world.

They come to a close, discussing how can fashion not be ubiquitious when all magazines do is analyze what is the hottest boot this season or the way to wear layers without looking like you are in hiding. "Indeed, IP law fails to protect the
core of fashion, the design. Despite this lack of protection, the fashion industry continues
to create new designs on a regular basis. The lack of copyright protection for fashion
designs has not deterred investment in the industry. Nor has it reduced innovation in
designs, which are plentiful each season. Fashion plainly provides an interesting and
important challenge to IP orthodoxy."

This paper is incredibly important to anyone researching copryight in any medium. Incredibly well written and supported clearly with pertinent sources, the paper helps to explain why the lack of IP protection in certain areas exists and how, if ever, fashion could be protected by IP law. The paper is very important as support for my thesis. It talks about the fashion-knockoff cycle and the inability to draw the line between piracy and authenticity. This paper is heavy on defining different processes in the fashion world and helps to clarify the important role processes play in the one-day inclusion of fashion design into copyright legislature.