Copycat in the fashion industry

The impact of copyright protection on the fashion industry

Hyo Jin Park
GBC College English — Lemonade
4 min readApr 16, 2019

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Photo by freestocks.org on Unsplash

D o you know that the clothes you are currently wearing is a copy of a Chanel’s design? The fashion designer committee in the U.S. plans to draw up a bill to provide copyright protection for fashion designs, which will have a big impact on the fashion industry.Viewing this problem from a bigger scope, some argue that copyright protection of fashion design can prevent the development of the design industry. Indeed, the clothes that are distributed in most fashion markets are replicas of high-end brand clothes. The lack of copyright protection laws in the fashion industry allows fashion companies to freely copy the design, particularly the fast fashion companies. Some of the most representative examples of copyright theft in fast fashion includes

H&M

Zara

Forever 21

However, fast fashion has helped the fashion industry grow tremendously by producing trendy yet accessible clothes to a larger consumer base. Although people in the fashion industry believe copyright protection is important, it is undeniable that the absence of copyright protection promotes faster growth and turnover of the fashion industry, driving the designers to be more creative.

Rapid economic growth does not require copyright protection in the fashion industry

The absence of copyright protection allows rapid growth of the fashion industry. The most representative example of where the lack of copyright protection is best exploited is fast fashion.

“In fact, the fast fashion industry has actually strengthened the fashion industry overall since it has accelerated the market for global fashion.”

As this article suggests, fast fashion has had a great impact in the growth of the fashion industry. One of the biggest reasons that the fashion market has grown so fast is due to faster shipment and delivery of designs to the general market. “Fast fashion retailers have turned this model on its head by creating as many as 52 weekly “mini-seasons” throughout the year.” Most fast fashion brands produce multiple seasons of clothing in a year, resulting in high fashion turnover.

However, luxury brands like Chanel, Gucci and Dior come out with two seasons of clothing a year. Certainly, the consumers will spend less if fast fashion brands display two seasons of clothing a year. Upon enforcement of copyright protection laws in the fashion industry, this problem will become more serious. Naturally, powerful and big luxury brands will have more design copyrights because it would take lawyers and huge sums of money for individual designers to register design copyrights. Clothes are essential component of our lives, not merely an aesthetic. If copyrighted, the price of the garments will soar. Fast fashion is accessible by ordinary consumers at cheaper prices, so with increased consumption and supply, the overall fashion market can grow. Furthermore, luxury brands also benefit from the lack of copyright in the fashion industry. The consumer base of high-end and low-end brands are almost mutually exclusive. Although some express concern about the economic loss of a high-end brand due to the design replication of a brand, this is not true.

“But a dirty little secret is that Prada rip-offs can also function as free advertising for real Prada handbags.”

As this article states, replicas can promote and advertise luxury brands by familiarizing a bigger consumer base. Louis Vuitton, one of the biggest luxury brands, is one of the most replicated brand. However, Louis Vuitton does not sue the copy vendors for exact replicas of their products. Rather, these phenomena make the brand more valuable. Due to design replication, luxury brands do not only stay in the upper tier consumers but also penetrate the lower tier consumers by approaching them in a friendly manner. Consequently, the absence of copyright in the fashion industry has promoted rapid growth of the fashion market.

Fashion design becomes more creative

I agree that the fashion market can be more creative in the absence of copyright protection. This is because the designers have a chance to use creative materials and structures that cannot be easily replicated.

“Stuart Weitzman, for instance, said that copyists forced him to innovate, as he did with the Bowden-Wedge, whose heel shape requires special materials like titanium or steel.”

As this quote suggests, due to their capital, luxury brands can afford to use expensive materials. In a company that mainly utilizes cost-effective materials, they may also have to be creative in their construction of the designs. Thus, designers can creatively come up with ideas and use substitutes to diversify the design on their shoes. If copyright protection prevents these attempts, diversity and creativity in the fashion market will be undermined. In addition, the absence of copyright allows the designers to be inspired by other designs. In fact, clothes that are in circulation in the fashion market these days are highly likely that the designers were inspired by each other. According to Blakely, the absence of copyright demonstrates the potential to endorse the creativity of designers.

According to the video, if copyright protection occurs in the fashion industry, fashion does not advance.

Currently, famous fashion brands have to be aware of the current trends by observing their peers and their clothes to get inspired and create designs that consumers will be attracted to. If copyright protection were strengthened, these would not be possible, but rather undermine the creativity of designers. Thus, I believe that the absence of copyright is what fashion market and designers’ creativity thrive on.

Final opinions

In conclusion, designers are trying to enact copyright protection laws in the global fashion market. However, it will destroy the fashion industry. In fact, the absence of copyright protection in the fashion industry, the fashion industry has grown very fast and can makes designers more creative.

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