Should Fashion Design Really Be Protected?
You will see why copyrights are not necessary for fashion industry.
Fashion design ideas have tended to be stolen or copied each other all the time. The individual brands that have not limited design ideas are tended to be copied by big companies and . Copyright in fashion should be considered deeply because fashion is familiar with everyone in daily life.
In this article, I, a fashion student, will mainly explore the possibility of protecting fashion by contrasting two of the sources that one is copying design ideas is totally legal; on the other one is in contrast, every fashion design ideas should be protected.
I agree with first point that imitating design ideas is acceptable and good for fashion industry. This is because it can lead fashion industry to be creatively influenced and to give customers many options to choose. On the other hand, I disagree with the latter point that the design ideas should be protected by copyright or patent to not take the profit of the designers.
In “Fashion brands steal design ideas all the time. And it’s completely legal,” Chavie Lieber states that fashion design ideas have been copied each other, and especially small companies tend to be stolen by big corporations. However, fast fashion brands also copy the designs of luxury brands. She gives the famous brands’ many examples of copycat and the cases of the trials.
Lieber states that battle at court usually does not work as stealing designs is not prohibited by American Law, so suing is not going easy. Additionally, she says how social media hurts and helps fashion industry.
I believe that fashion design is the art that does not have to be protected by copyright, patent, and law. The evidence for this can be clearly seen in the sentence of her interview with a lawyer who specializes in fashion law,
“America’s GDP for fashion is at $350 billion,” and “the argument is that if we protect the designs, we’ll stunt that growth.”
The advantage economically given to fashion industry of America without copycats is significantly big and it should not be stopped. As well, if every single design ideas of clothes, shoes, and bags were controlled under protection of copyright, all big brands would protect as much designs as possible and would make the mood that small or independent companies completely have to be out of fashion industry. If it were done suddenly the customers have no choice to choose and also no opportunity to enjoy fashion designs of various brands.
According to “Think Tank: Protecting Fashion Design in the World of Copycats, Fast Fashion”, the all fashion designs should be defended in order not to undermine the ability to capture the consumers, establish or further hype around the brand, and cut the profit of them. Copyright is for protecting literary or artistic works, trademark is for protecting the brand in the marketplace, and patent protects inventions. Those ways of saving seem to work, but each of them has the own specific goals, and they do not truly match to fashion designs.
I argue that protecting fashion designs is very difficult because clothing can be both of them that are form of art and functioning thing that people needs. She has a good illustration of my statement in that the U.S. Copyright Office determined clothing is a set apart from paintings, novels, and films because they have their function that is given by being worn.
Fashion is the one of the way to express yourself, but it is actually the essential part for human as well as food and shelter. However, logos and trade dress can be protected because each brand has established their images to customers with long time. Although I disagree with her point, I agree with this view that a new designer should team up with intellectual property lawyer to develop plans to best position for the brand, and make the most of copyright, patent, and trademark laws.
As you can see in the above, fashion design ideas do not have to be protected. Firstly, the economical reason that copying designs can produce much of money to fashion industry, and if it is seized the growth of entire economics is stopped. Secondly, if every design were under control of protection, small corporations are forced to be get away from the industry. Thirdly, protecting fashion designs is realistically difficult due to the fact that copyright office does not think fashion is exactly as same art as paintings and movies.
These are the reasons why I argue so, but mostly being taken away much of fashion design styles from various brands is tragedy for most people. Fashion is for enjoying own styles and primary way of self-expression nevertheless fashion should not take that precious from us.
