The paper "Are knockoffs good for the Fashion industry" talks about knockoffs in the fashion industry. According to the old notion, fashion was craft and not an art. Today the concept has changed. According to the new definition, fashion is a form of creative expression and is very near to wearable art. Nowadays, fashion industry is facing copyright problems around the globe. Take the example of any developed country where it is difficult to protect garment industry from copying fashion. If we look at it from the angle of law, it means that unless garment industry falls into one of the common law category, it cannot be protected. Garment industry portrays artistic craftsmanship. Therefore, case law disfavor cited sort of argument as a string of cases. In this respect, we may refer here to the case of Merlet v Mother Care. The “artistic" term in the copyright world is not familiar. Hence, a judge requires considering it on aesthetic merit of the work. Under the mentioned circumstances, it is possible to protect fashion related works from the purview of copyright. Contrary to European Union, there is no sui generis design regime in the United States of America; therefore, copyright is the only legal framework to protect original fashion from being stolen. As far as the creative elements and apparel designs are concerned, they fall beyond the ambit of US copyright law since garments and their accessories are treated as ‘useful articles’, hence remain unprotected. We all agree on the point. that clothing is an inherent function, so copyright law has no access on the look and cut of a dress. However, the patterns or the prints can be challengeable in accordance with the mentioned right. US Copyright Protection Act The US copyright protection act is applicable to an expressive original work of a designer affixed visibly in an outfit. It provides exhaustive eight categories of the work of craftsmen against which a copyright act is applied. The perusal of the said act indicates the absence of fashion designs amongst the existing list. It means that both apparels and fabrics designs fall within the ambit of copyright protection act. If we may go through the doctrine of useful articles, it is identified that most apparel designs do not fall within the category of copyright protection act. The other side of the coin is that under EU design law, styles in fashion are specifically excluded from the protection of copyright list (Peter 2007). In order to invoke the jurisdiction of competent court of law under the copyright act, it is incumbent that the work displays originality. The mentioned act debars similar designs, common stripes and colors because they lack originality. It is clear that the copyright protects the artistic side of the product and has nothing to do with its functional aspects. However, where the originality in apparel designs or fabric designs is proved, he or she will receive punishment from the court of law under the copyright act (Keymeulen 2012). Before punishing the designers for copying the designs of other designers, several tests are to be conducted to determine the similarity.
Cite this document
(“Are knockoffs good for the Fashion industry Research Paper”, n.d.)
Retrieved from https://studentshare.net/visual-arts-film-studies/12995-are-knockoffs-good-for-the-fashion-industry
(Are Knockoffs Good for the Fashion Industry Research Paper)
“Are Knockoffs Good for the Fashion Industry Research Paper”, n.d. https://studentshare.net/visual-arts-film-studies/12995-are-knockoffs-good-for-the-fashion-industry.
Cited: 0 times
The researcher of this paper explores Are knockoffs good for the Fashion Industry. The artistic world and art lovers are well aware of the greatest artists of the century, namely Halston, Lagerfeld, and de la Renta in connection to what they did and what they created…
For example, the fashion which was very popular in early modern Europe may not necessarily be relevant in contemporary Europe and vice versa. In this paper, we shall discuss fashion and the various negative and seemingly negative effects it has on the different aspects of society.
Moreover, the prospect was specifically and particularly industrial. Moreover, to communicate the councils irresistible regard for the numerous unhealthily emaciated models. However, as Kolb appreciated fashion’s implication is wider than that. Furthermore, as Diane proclaimed, it was distinctively renowned that fashion week had become overtly popular and which get too numerous persons from diverse parts of the globe.
The operations of the company are widespread with global presence and footmark on more than 43 countries worldwide and the company houses employees worldwide which accounts to a staggering 81,000 individuals. The company’s main business consists in selling fabric items and clothing for men, women and kids’.
The essay discovers the history of fashion and trends. Fashion is a product of social, cultural and climatic forces that inhibit societies. Before the 19th century clothing was tailor made to suit the needs of each individual. However, at the advent of the 20th century, the idea of standardized clothing became more popular because of technologies.
In France, full skirts, high-heeled shoes and silk blouses were only available to those who could afford them, this is because fabrics in Britain and abroad were difficult to find. With inadequate creation in Paris due to war, American designers had the joy of developing their own styles.
In the United States, the copyright Act denies protection to any article of utilitarian function. This implies any article, which is used in everyday purposes beyond artistic expression. Fashion designs fall in this category of artistic work with utilitarian function.
This essay gives a review of the interview in fashion. An interview was performed on Nayla who is one of the up-coming fashion designers and it was as follows. The name of interviewer is Nayla. She is from Bahrain and she is studying graphic design. She enjoys all areas of design. She lieks to draw and listen to music in my spare time.
In the UAE, an Islamic state, dressing is a key aspect that the country views closely. From time in memorial, dressing code has been observed in the country. Dress code state that one needs groom in a dress code that highlights his or her respects and good moral values. The country has a national dress code that everyone puts on.
achieve sustainability with the aim of increasing their competitive advantage over their rivals in the market without interfering with nature and the environment. Sustainability requires the fashion industry to operate in safe processes that avoid the depletion of non-renewable
The paper discovers the Culture, Fashion and Region. The term “fashion” is usually related to clothes and accessories, such as earrings, necklace, and shoes. Presently, majority of people associate fashion with the type of things they wear. Although fashion is used as a broader concept, in the recent years it has been narrowed to apparel, accessories.
6 pages (1500 words)Research Paper
Got a tricky question? Receive an answer from students like you!Try us!
Let us find you another Research Paper on topic Are knockoffs good for the Fashion industry for FREE!