Current Insight Community Cases

Essential Datacenter Tips On Application Performance Monitoring

The Importance Of Skilled Immigrants To The American Economy

Help A New Kind of Music Label Revolutionize The Industry

Mandates To Buy American Should Be More Carefully Considered

Navigating The New Business World After This Recession

Check out our CwF + RtB experiment.
Brought to you by Floor64 and the Techdirt crew.

stories filed under: "fashion"
Politics

Politics

by Mike Masnick


Filed Under:
copyright, fashion, fashion designers, protectionism



Fashion Designers Realizing New Fashion Copyright Would Cause Serious Harm To Business

from the waking-up dept

For many, many years, we've pointed out how the fashion industry is an example of a highly creative industry that has thrived without the use of copyright. The industry itself is massively successful, incredibly innovative, and involves plenty of competition. This should be seen as a good thing. Yet, some big name designers, who were annoyed that they had to keep competing by releasing new designs all the time have been lobbying Congress to pass a new law that would institute a special copyright for fashion design. This makes little sense. The entire purpose of copyright is to encourage innovation. Yet, if the industry is thriving, competitive and innovative, why would you ever want to introduce new copyright?

Yet, as expected, there has been a big push to get the law passed this year. People have been submitting stories on a near weekly basis about how one or another celebrity designer trekked up to Capitol Hill to push starstruck Congress Critters to support the bill.

It's reached the point that many expect the bill to finally pass this year, but suddenly many in the industry are realizing what a disaster this would be. Boing Boing points us to a plea from industry insiders who are realizing how such a law would destroy the industry and force many small businesses and designers to shut down. Yet, when they talked to their Congressional reps, they were told that Congress hadn't heard anyone complain about this yet, so now they're trying to get out the word.

It might help them to present some of the economic research on this, including the studies that have shown how much the lack of copyright has helped the industry to thrive, and how much harm the addition of copyright would do to the overall industry. This research has been out there for years, but apparently the folks writing the laws would rather hang out with celebrities like Tim Gunn than actually do some research around what such a law would really mean for the industry.

26 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, fashion, fashion show, photos



Is It Copyright Infringement On Fashion Design To Post Photos From A Fashion Show Online?

from the certainly-hope-not dept

For many years, we've discussed how the fashion industry is a great example of an industry that is more innovative, more prolific and more dynamic due to the lack of intellectual property protection. In fact studies have repeatedly shown that it's the very lack of copyright over clothing designs that has made the overall industry so successful. It encourages continued innovation and adaptation, while the fact that there are knockoffs actually helps to increase the value of original authentic designs, while permeating design concepts throughout the fashion world.

However, that hasn't stopped designers from trying to gain copyright advantages over clothing designs, and one ongoing case suggests how ridiculous this concept could be. An online publication is being sued by two French fashion designers, not for creating knockoff clothing, but for daring to post photos online of the fashion designers clothing lines, which they demonstrated at a fashion show. The website sent its own photographers to the show (so it's not a case of them reposting someone else's photos). A French court sided with the designers (French design protectionism shows up again...), and now the case has moved to the US to see if the designers can collect.

The fact that the case has gotten as far as it has is pretty ridiculous. It's nearly impossible to see how posting photos you took yourself at a fashion show could violate someone else's copyright on clothing, but that's what we get in this world where too many people consider copyright something that provides full and total ownership of a concept, rather than a limited monopoly solely for the incentive to create. While the case right now hinges around the traditional four factors test for fair use, you have to wonder why we've never established a simpler test for copyright cases: if the creator knew the infringing action would occur, would they not have created the "content" in the first place? In this case, that seems laughable...

40 Comments | Leave a Comment..

 
Search Techdirt
And now, a word from our Sponsors..



Popular Posts
Poll

Which Internet Concern Worries You The Most?

 

 

 

 

 

 


Add Techdirt RSS To Your Reader
rss Add Techdirt to your Bloglines
Add Techdirt to your Google Add Techdirt to your My Yahoo
Add Techdirt to your Netvibes Add Techdirt to your Newsgator
Subscribe to Techdirt's Daily Email Newsletter

Techdirt's Daily Email Newsletter

Older Stuff

Tuesday

1:56pm: Jury Says Fictional Character Can Be Libelous (28)
12:44pm: Spam King Alan Ralsky Gets Four Years In Jail (27)
11:39am: Publishers Getting The Wrong Message Over eBook Piracy (39)
10:28am: Calling For An Independent Invention Defense In Patents (26)
9:12am: Microsoft Tries To Silence Revelation Of Bing Cashback Flaws; Leads To Revelation Of Other Problems (41)
8:03am: Don't Blame Facebook For Some Kids Beating Up Another Student (61)
6:46am: Hulu Telling Sites To Stop Embedding So Much (44)
5:00am: Once Again, If The Gov't Has Data, It Will Be Abused (42)
2:53am: As Expected, Social Networking Generation Running For Office Face Their Permanent Record Online (31)
12:55am: IMAX Sues Cinemark For Building Competing System... While Being An IMAX Customer (14)

Monday

10:26pm: Filmmaker Allowed To Use The Name Rin Tin Tin To Describe Rin Tin Tin (6)
8:25pm: Senators Begin Questioning ACTA Secrecy (32)
6:34pm: Brazil E-Voting Machines Not Hacked... But Van Eck Phreaking Allowed Hacker To Record Votes (15)
5:08pm: FCC Doesn't Think The Lack Of Competition Is A Major Barrier To Broadband? (36)
3:49pm: Heads Of Major Movies Studios Claiming They Just Want To Help Poor Indie Films Harmed By Piracy (47)
2:38pm: USPTO Convinced By Amazon That Online Gift Giving Patent Is Legit (19)
1:31pm: Tiburon Approves Recording Every Car That Enters/Leaves... Despite More Evidence Of Traffic Camera Abuse In UK (90)
12:18pm: Label Exec Arrested For Not Using Twitter To Disperse Crowd At Mall To See Singer (53)
11:01am: Spanish Court Dismisses Complaint From Nintendo Against Counterfiet DS Cartridges, Since They Add Functionality (12)
9:55am: Dear PR People: If Your Exec Has A Comment, Our Comments Are Open (25)
8:44am: What Kind Of Mickey Mouse (And Donald Duck) Lawsuits Are These? (23)
7:30am: Prosecutors Ending Lawsuit Against Lori Drew (13)
6:06am: Dear Rupert: You Don't Succeed By Making Life More Difficult For Users (70)
4:20am: ESPN Writer Suspended From Twitter (59)
2:10am: School Can't Handle Critical Community Message Board; Sends Legal Nastygram (21)

Friday

7:39pm: Liberian Laws Are A Secret Due To Copyright; Even The Gov't Doesn't Have Them (43)
6:56pm: Lily Allen: It's Ok To Sell My Counterfeit CDs, Just Don't Give My Music For Free (97)
6:10pm: EFF Looks To Bust Bogus Podcasting Patent; Needs Prior Art (34)
5:28pm: Google Blocking Set Top Boxes From Showing YouTube Unless They Pay Up? (65)
4:44pm: Entertainment Industry: Yes, Please Keep Negotiating Secret Copyright Treaty To Save Our Asses (43)
More arrow
Quick Links
Close
E-mail It