Towards a More Fashionably Intellectual Property

So I'm a little bit behind the curve on this discussion, but I was compelled to address it in light of the latest New Yorker op-ed piece in which James Surowiecki talks about the "Piracy Paradox" effect, proposed by UCLA Law Professor Kal Raustiala and UVA Law Professor Christopher Sprigman, both of whom are intellectual property scholars. I first became aware of this issue upon seeing a WWD coverage of Jimmy Choo suing The Aldo Group, then Anna Sui and co. suing Forever 21. Then there was an article in the Glamour magazine a few months ago, in which Diane von Furstenberg, as the president of CFDA, advocates for the importance of establishing copyright laws for the fashion industry, while Allen Schwartz, who built his company, A.B.S. by Allen Schwartz, on dresses based on high-end designs, argues that the looser standards on intellectual property in the industry is a good thing.

The New Yorker piece gives a good, brief background on the issue, but to summarize the most recent developments: congressman Bob Goodlatte (R-VA) introduced H.R. 5055 back in March 2006, which would allow designers a 3-year protection on their designs under the Copyright Act, if they registered the designs within 3 months of being made public. After the 3 year period, the designs would become available in the public domain. As this bill never came even close to passing, now there's the H.R. 2033, which was sponsored by Congressman William Delahunt (D-MA) and introduced in April 2007, as well as S.1957, sponsored by Senator Chuck Schumer (D-NY) and introduced in August 2007. All are intended to provide copyright protection to fashion designers. CFDA posted a press release applauding the introduction of S.1957, and Professor Susan Scafidi, Visiting Professor at Fordham Law - who also previously testified in support of the introduction of H.R. 5055 - extensively discusses the progression of these efforts on her blog, Counterfeit Chic.

To all of this, Professors Raustiala and Sprigman respond with their argument in The New Republic that "weaker" rules and regulations around copyright in the fashion industry actually does more good than harm - in fact, they say, it has been integral to the industry's $350 billion per year success. They state that, unlike other creative industries such as film, music, or publishing, fashion has never really encountered a threatening blow from copying: "...growth and creativity in the fashion industry depend on copying." A long-time seamstress and blogger at Fashion Incubator agrees, saying, "In one fell swoop, this law will put over 90% of us [independent designers] out of business." Robin Givhan of The Washington Post regards the bill a fair proposal, stating, "Consumers will retain the right to be stylishly dressed on a budget. And fashion gets a smidge more respect as a creative endeavor worth defending."

I've definitely stopped buying knock-off handbags a long time ago. Once you see the amount of time and efforts that go into a true designer piece, it's worth the wait to save up some money and get the real deal. I haven't quite gotten there with my clothes, however, seeing as how my limited budget allocation does not leave much for that pie dedicated to "fashion" in general, let alone split it into individual categories such as bags, shoes, clothes, and accessories. That said, me and my modest collection of (and pride in) handbags are leaning towards supporting some sort of copyright guidelines in the fashion industry. The idea of it is pretty compelling - fashion is indeed a form of art and a pursuit of originality that deserves that recognition. I'm not denying its profit margins as a business sector - I guess I would rather be caught buying Alice Temperley for Target than at the numerous knock-off vendors on Prospect Street in Georgetown. To follow through in practical terms, it's going to be harder for me as an everyday consumer (see "limited budget" discussion above). For now, I'm going to be following the development of the aforementioned bills closely to see how it all unfolds.

If you want to take a look at the examples of copyright infringement (that are currently not illegal), go to Fashionista.com's Adventures in Copyrights. Until the day one of these bills becomes a law, well, might as well learn about how a bill becomes a law - old school style:


Update: Susie at Style Bubble posted a story today about a horrendously fake Marni outfit up for auction on eBay. Read about it here - it totally reminds me of the fake Chanel outfit Courtney Love wore to Paris Hilton's birthday party...