Should Fashion Design Get Copyright Protection?
With dismal and one-sided reporting, such as this little nugget of tears by Ezra Klein, it’s no surprise that Newsweek magazine is on the brink of extinction. Klein takes on the proposed Schumer bill which will extend copyright protection to fashion designs.
On Aug. 5, Sen. Chuck Schumer (D-N.Y.) introduced S.3728: the Innovative Design Protection and Piracy Prevention Act. He’s got 10 cosponsors—including three Republicans—and a big idea: to extend copyright protections to the fashion industry, where none currently exist. That’s right: none. I—well, not I, but someone who can sew—can copy Vera Wang’s (extremely expensive) dress and sell it to you right now (for much less), and Wang can’t do a thing about it.
Why the hell does it matter that three Republicans are for this bill? Setting that absurdity aside for a second and one notices a rehashing of an extremely tired argument:
Too often, copyrights are used not to protect consumers by making sure they have access to new products, but to protect the profits of producers.
Yes, copyright only helps strengthen large corporations and line the pockets of their shareholders. Blah, blah, blah. What about unknown or small-business fashion designers? Klein argues that they won’t have the monetary power to pursue litigation, but in fact, this is radically changing, and not just for fashion designers. Visual artists, musicians, and filmmakers–particularly those in the New York City area–have discovered that pro bono attorneys can certainly help in this regard. Perhaps pro bono attorneys will be there for these fashion designers as well. Make up your own mind after reading Klein’s article here.
Tags: Art Law, design, fair use, fashion and law, intellectual property, piracy, pro bono, unfair competition
One might argue that fashion is far more innovative than are music, visual arts, and film. It would not be a stretch to conclude that the absence of copyright is responsible for that level of innovation.
Are there unknown or small-business fashion designers who are losing sales to any material degree to copycats? I’d have a lot more confidence in your advocacy of extending copyright to fashion if I knew that such situations were common. But why would anyone copy an unknown? And why would anyone buy the knockoff of an unknown?