Download or read book French copyright law and the pursuit of fashion elegance protection of fashion design written by Marlena Jankowska and published by Instytut Prawa Gospodarczego Sp. z o.o.. This book was released on 2024-05-20 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Step into the pulsating heart of contemporary fashion law as Volume 11 of the Series of the Center for Design, Fashion, and Advertisement Law (University of Silesia in Katowice) unfolds its pages. With a focus on France, the epitome of haute couture, immerse yourself in the rich tapestry of French copyright law as it interplays with the vibrant world of fashion. From renowned fashion houses to cutting-edge designers, explore captivating case studies that illuminate the intricate dance between creativity and legal protection. Delve deep into the nuances of copyright law, gaining invaluable insights into the legal landscape shaping the future of fashion. Join us on this enlightening expedition as we uncover the legal fabric that weaves together the threads of innovation, culture, and style at the forefront of the fashion universe.
Download or read book French copyright law and the pursuit of fashion elegance lost jewels of haute couture written by Marlena Jankowska and published by Instytut Prawa Gospodarczego Sp. z o.o.. This book was released on 2023-12-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Step into the world where fashion meets law, where innovation intertwines with tradition, and where haute couture unveils its secrets. In the 10th volume of the Series of the Center for Design, Fashion, and Advertisement Law (University of Silesia in Katowice), embark on a journey that delves deep into the long-forgotten haute couture ateliers. From groundbreaking marketing strategies to pioneering legal frameworks, from intricate technical designs to unparalleled branding techniques, this volume uncovers the multifaceted innovations that have shaped the landscape of fashion and beyond. Join us as we explore the intersection of creativity and legality, where every stitch tells a story of ingenuity and inspiration.
Download or read book Intellectual Property Rights Copynorm and the Fashion Industry written by Marlena Jankowska and published by Taylor & Francis. This book was released on 2023-12-22 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the development of the fashion industry, providing insight into the business and, in particular, its interrelations with copyright law. The book explores how the greatest haute couture fashion designers also had a sense for business and that their attention to copyright was one of the weapons in protecting their market position. The work also confronts the peculiarities of the fashion industry as a means of demonstrating the importance of intellectual property protection while pointing out the many challenges involved. A central aim is to provide a copyrightability test for fashion goods based on detailed analysis of the legal regulations in the USA and EU countries, specifically Italy, France, the Netherlands, Germany and Poland. The book will be of interest to researchers and academics working in the areas of Intellectual Property Law, Copyright Law, Business Law, Fashion Law and Design.
Download or read book The Most Fascinating Kind of Art written by Katelyn Andrews and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, politicians, academics, and industry professionals have argued vehemently that copyright protection should extend to cover fashion designs, which are currently excluded under the “useful articles” doctrine. These arguments have proved somewhat successful, as a number of bills have been drafted to expand copyright laws to include fashion, most recently the Innovative Design Protection Act of 2012, and two congressional hearings have been held on the subject. None of bills, however, have managed to gain much traction in Congress, and progress appears to be stalled. My objective in this Note is not to examine the legislation that has been proposed, but to uncover why the supporters of fashion copyright have been so steadfast in their promotion of it. Copyright in the United States is built on economic principles and aims to incentivize innovation. It seems clear that from an economic perspective, copyright is unneeded to incentivize creativity in the fashion industry. After reviewing the legislative history and other arguments made by proponents of fashion copyright, a different picture emerges: supporters of fashion copyright view fashion as “art” and feel a sense of harm when it is cheaply or slavishly copied. Even if designers feel no economic harm from the copying of their creations, they are morally harmed by it. Perhaps then moral rights law, not copyright, provides the appropriate theoretical framework in which to analyze the extension of further protections to fashion design. The stalled debate over fashion copyright might be revitalized by discussing design protection in the more theoretically relevant framework of moral rights laws, which are concerned with reputational -- as opposed to economic -- harms.
Download or read book Protecting Creativity in Fashion Design written by Susanna Monseau and published by Taylor & Francis. This book was released on 2023-03-17 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.
Download or read book Copyrighting Couture written by Sara R. Ellis and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been much debate about the need for intellectual property protection for fashion designs. Two bills introduced before the 111th Congress purported to provide a solution for this need. The Design Piracy Prohibition Act ("DPPA"), which was introduced in the House April 3, 2009, and the Innovative Design Protection and Piracy Prevention Act ("IDPPPA"), which was introduced in the Senate on August 5, 2010 would have amended Chapter 13 of the Copyright Act to provide sui generis protection for fashion designs. While some scholars worry that bills like the DPPA and the IDPPPA would stifle creativity, many designers think that such protection would afford them more freedom to create new and innovative designs. Scholarly debate aside, piracy is a $12 billion drain on the fashion industry that "steals the very essence of enterprise" by diluting branding and making it more difficult for new designers to begin their careers. Because current intellectual property laws do not address the unique issues involved in fashion design, pirates appropriate, or even directly replicate, others' designs even while facing a constant stream of lawsuits. For example, the company Forever 21, one of the most notorious design thieves, has been the subject of over fifty lawsuits between 2006 and 2009 alone. Unfortunately, intellectual property law's current status makes it very difficult for designers to find relief for their pirated designs. This Comment discusses the piracy problems plaguing the fashion industry and offers a potential solution based on combining the best aspects of the DPPA and the IDPPPA. Part II examines design piracy - both what it is and the attempts that have been made to gain protection against it - and discusses why current jurisprudence insufficiently addresses the needs of the American fashion industry. Part III.A analyzes the need to protect fashion designs and addresses opponents' concerns. In light of those concerns, Part III.B examines how each bill addresses design piracy and suggests potential changes that would make each bill more effective at protecting fashion designs. Finally, Part IV offers parting commentary.
Download or read book To Copy Or Not to Copy That is the Question written by Tedmond Wong and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fashion designers in the United States, unlike those in many foreign jurisdictions, enjoy only limited intellectual property protection for their creative endeavors. The American patent, copyright, and trademark systems each present obstacles to obtaining protection for fashion designs. Copyright and trademark law protect certain elements of fashion designs, such as unique fabrics and logos, but the protections do not extend to the general shape and appearance of a fashion design. Moreover, copyright and trademark law do not grant protection to products and features that serve a utilitarian purpose. On the other hand, patent law presents difficult statutory barriers; a design must be novel and nonobvious, and can only gain protection after a lengthy litigation process. The result is a gap in intellectual property protection that leaves fashion designers vulnerable to a stitch-by-stitch, seam-by-seam replication of the designs they labor to create. While the duplication of fashion designs is not a new phenomenon, the practice has recently received increased attention due to high-profile lawsuits by famous designers including Anna Sui and Diane von Furstenberg against low-end, mass retailers such as Forever 21. The defendants in these cases are known as “fast-fashion” firms for their ability to replicate original designs at alarming speed, on a large scale, and at low cost. Many fashion designers disapprove, claiming that fast-fashion firms' capabilities of quickly copying original designs and bringing those copies to market deprive original designers of profits and stifle design firm creativity. The fashion industry, represented by the industry group Council of Fashion Designers of America (CFDA), has sought Congress's assistance to rectify the longstanding dearth of intellectual property protection for fashion designs. The Senate introduced a proposal to amend the copyright statute known as the Innovative Design Protection and Piracy Prevention Act (IDPPPA) last session, and the House of Representatives recently introduced the same proposal. In this comment, I address the normative question of the optimal scope of intellectual property protection for fashion designs through game theory's unique perspective of law and economics. I do so by developing a game theoretic model that evaluates the impact of greater legal protection on the incentives of fashion designers to bring lawsuits to protect their designs and of fast-fashion firms to make replicas of these designs. Analyzing the incentives at play will allow me to predict whether the IDPPPA in its current form will deter fast-fashion firms from replicating designs, encourage innovation, and maximize welfare in the fashion industry. Part I of this comment offers a detailed overview of the current state of intellectual property protection for fashion designs in the United States and compares U.S. protection with the legal regimes of foreign jurisdictions. Part II discusses the recent developments in the fashion industry that have triggered an outcry against copying and summarizes the scholarly views on the normative question of which legal regime, if any, should exist for the protection of fashion designs. Part III provides background on the law and economics approach to intellectual property protection and explains the relevance of game theory, a law and economics tool, to the analysis of copying fashion designs. Part IV lays out the assumptions and the structure of a game theoretic model and applies this model to different legal regimes aimed at protecting fashion designs. Finally, Part V examines the findings of the game theory analysis in Part IV, evaluates the efficacy of the Innovative Design Protection and Piracy Prevention Act as a policy choice, and introduces possible alternatives.
Download or read book The New Frontiers of Fashion Law written by Rossella Esther Cerchia and published by MDPI. This book was released on 2021-01-13 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.
Download or read book Made in America written by Alexandra Mackey and published by . This book was released on 2018 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fashion industry is a global industry, generating $1.2 trillion in revenue. Consequently, the question of whether-and to what extent fashion designers can protect their works under the intellectual property laws of their country is hotly debated In Asia, the answer to this question varies from country to country. In India, for instance, fashion designers can protect their creations under the Indian Copyright Act of 1957 and the Designs Act of 2000. In China, conversely, copyright protection is extremely limited under the recently amended Copyright Law of 2001. The United States presently affords very limited copyright protection to fashion designs under the Copyright Act because designs must pass a stringent "separability" test to distinguish elements that can be copyrighted from elements that are utilitarian in their function. Protection available to fashion designers' original creations in the United States is more akin to the protections available in China than those in India. This Comment argues that, to attract new talent and to keep its fashion industry booming, the United States should strengthen its protection for designers' original works.
Download or read book Form Fit Fashion written by Jay Calderin and published by Rockport Publishers. This book was released on 2009-12-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable primer for students and first-stop reference for professionals, Form, Fit, and Fashion guides the fashion designer through the entire design process, from conceiving a garment to marketing it. This handbook collects the information and ideas essential to planning and executing fashion projects of every scale and distills them in an easy-to-use format that is compact enough to slip into a tote. Linking six central phases in the cycle of fashion—research, editing, design, construction, connection, and evolution—Form, Fit, and Fashion will help designers to develop effective strategies for building a cohesive collection and communicating their vision.
Download or read book Fashion and Psychoanalysis written by Alison Bancroft and published by Bloomsbury Publishing. This book was released on 2012-02-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an increasing trend within both the study of visual culture and fashion itself to restore fashion to an aesthetic role - one that moves beyond its commercial success as a global industry and places fashion within a nexus of art, the body, and femininity. This emphasis aims to separate fashion from mere clothing, and illustrate its cultural power as an integral aspect of modern life. In this innovative new book, Alison Bancroft re-examines significant moments in twentieth-century fashion history through the focal lens of psychoanalytic theory. Her discussion centres on studies of fashion photography, haute couture, queer dressing, and fashion/art in an attempt to shed new light on these key issues. According to Bancroft, problems of subjectivity are played out through fashion, in the public arena, and not just in the dark, unknowable unconscious mind. The question of what can be said, and what can only be experienced, and how these two issues may be reconciled, become questions that fashion addresses on an almost daily basis. Psychoanalysis has been profoundly influential in the arts, thanks to its capacity to add layers of meaning to things that, without it, would remain obtuse and intractable. It has proved crucial to the development of film studies, art theory and literary criticism. What it has not yet been brought into dialogue with in great depth is fashion. By interpreting fashion within a psychoanalytic frame, Bancroft illustrates how fashion articulates some of the essential, and sometimes frightening, truths about the body, femininity and the self.
Download or read book McCarthy on Trademarks and Unfair Competition written by J. Thomas McCarthy and published by Clark Boardman Callaghan. This book was released on 1996 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Choice of Law in Copyright and Related Rights written by Mireille M. M. van Eechoud and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Download or read book The Copyright Design Interface written by Estelle Derclaye and published by Cambridge University Press. This book was released on 2018-03-08 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of fifteen countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world.
Download or read book The Right to Dress written by Giorgio Riello and published by Cambridge University Press. This book was released on 2019-01-17 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first global history of dress regulation and its place in broader debates around how human life and societies should be visualised and materialised. Sumptuary laws were a tool on the part of states to regulate not only manufacturing systems and moral economies via the medium of expenditure and consumption of clothing but also banquets, festivities and funerals. Leading scholars on Asian, Latin American, Ottoman and European history shed new light on how and why items of dress became key aspirational goods across society, how they were lobbied for and marketed, and whether or not sumptuary laws were implemented by cities, states and empires to restrict or channel trade and consumption. Their findings reveal the significance of sumptuary laws in medieval and early modern societies as a site of contestation between individuals and states and how dress as an expression of identity developed as a modern 'human right'.
Download or read book Understanding Copyright Law written by Marshall A. Leaffer and published by LexisNexis/Matthew Bender. This book was released on 1999 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary focus of this comprehensive text is on the Copyright Act of 1976 & the developing case law in our digital age & networked environment. Copyright law is presented in its institutional, economic & historical contexts. Its relationship with other areas of intellectual property law is explored. explores the latest statutory changes, the Digital Millennium Copyright Act, & the Sonny Bono Term Extension Act recently passed by Congress. This highly effective text provides students with the necessary background & current doctrine to analyze copyright problems properly.
Download or read book Beautiful Code written by Greg Wilson and published by "O'Reilly Media, Inc.". This book was released on 2007-06-26 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do the experts solve difficult problems in software development? In this unique and insightful book, leading computer scientists offer case studies that reveal how they found unusual, carefully designed solutions to high-profile projects. You will be able to look over the shoulder of major coding and design experts to see problems through their eyes. This is not simply another design patterns book, or another software engineering treatise on the right and wrong way to do things. The authors think aloud as they work through their project's architecture, the tradeoffs made in its construction, and when it was important to break rules. This book contains 33 chapters contributed by Brian Kernighan, KarlFogel, Jon Bentley, Tim Bray, Elliotte Rusty Harold, Michael Feathers,Alberto Savoia, Charles Petzold, Douglas Crockford, Henry S. Warren,Jr., Ashish Gulhati, Lincoln Stein, Jim Kent, Jack Dongarra and PiotrLuszczek, Adam Kolawa, Greg Kroah-Hartman, Diomidis Spinellis, AndrewKuchling, Travis E. Oliphant, Ronald Mak, Rogerio Atem de Carvalho andRafael Monnerat, Bryan Cantrill, Jeff Dean and Sanjay Ghemawat, SimonPeyton Jones, Kent Dybvig, William Otte and Douglas C. Schmidt, AndrewPatzer, Andreas Zeller, Yukihiro Matsumoto, Arun Mehta, TV Raman,Laura Wingerd and Christopher Seiwald, and Brian Hayes. Beautiful Code is an opportunity for master coders to tell their story. All author royalties will be donated to Amnesty International.
