In a recent post, we reported on fashion's piracy paradox, which argues that weak intellectual-property rules for fashion haven't harmed the industry, but rather, they've helped it thrive. (In other words, knock-offs aren't the devil incarnate as so many fashion idolaters contend.)
Zoo York Doodle Messenger, $36.50 at Pacific Sun
Cali Canvas Shoulder Bag, $15.80 at Forever 21
Of course there are two sides to every coin, and the debate on copyrighting fashion is no exception: Susan Scafidi is a law professor and the brains behind of CounterfeitChic.com. She's also one of the most fervent opponents of the ideas set forth by the piracy paradox (aside from maybe Diane von Furstenberg), calling it outmoded, economic fiction.
Scafidi says the absence of strong IP rules harms young or emerging designers and robs other designers of a share of the profits. Not surprisingly, Scafidi is an outspoken supporter of the bill currently before Congress which would allow fashion designers to copyright their designs.
So far, Scafidi has failed to convince us of her position. How would you scientifically, objectively, and systematically defend the uniqueness of a piece of fashion? Would the gains from IP protection outweigh the costs of enforcement? Has Scafidi (and in fact the original authors of the piracy paradox) underestimated the impact of existing protection for such nonfunctional aspects as fabric patterns, decorative elements and trademarks? How does Scafidi factor in fashion cycles? And why do designers continue to create and emblazon their items with repeated logos that are so easily copied?
We could go on and on, but instead, we hope you'll read this interview of Susan Scafidi by Condé Nast Portfolio's Felix Salmon, who makes some great counterarguments (even though it sounds like he's agreeing with her at times). Read especially the comments following the article posted by others in disagreement with Scafidi.
Now that we've presented you with the other side of the debate, we offer you this parting copycat conundrum (above) for discussion (which incidentally we discovered thanks to Youthoughtwewouldntnotice.com via Scafidi's blog, Counterfeitchic.om): Did Forever 21 knock-off Zoo York's doodle bag? If so, is it normatively wrong? A cause for concern? An injustice? How would you feel if you designed the fabric?
Zoo York Doodle Messenger, $36.50 at Pacific Sun
Cali Canvas Shoulder Bag, $15.80 at Forever 21
Of course there are two sides to every coin, and the debate on copyrighting fashion is no exception: Susan Scafidi is a law professor and the brains behind of CounterfeitChic.com. She's also one of the most fervent opponents of the ideas set forth by the piracy paradox (aside from maybe Diane von Furstenberg), calling it outmoded, economic fiction.
Scafidi says the absence of strong IP rules harms young or emerging designers and robs other designers of a share of the profits. Not surprisingly, Scafidi is an outspoken supporter of the bill currently before Congress which would allow fashion designers to copyright their designs.
So far, Scafidi has failed to convince us of her position. How would you scientifically, objectively, and systematically defend the uniqueness of a piece of fashion? Would the gains from IP protection outweigh the costs of enforcement? Has Scafidi (and in fact the original authors of the piracy paradox) underestimated the impact of existing protection for such nonfunctional aspects as fabric patterns, decorative elements and trademarks? How does Scafidi factor in fashion cycles? And why do designers continue to create and emblazon their items with repeated logos that are so easily copied?
We could go on and on, but instead, we hope you'll read this interview of Susan Scafidi by Condé Nast Portfolio's Felix Salmon, who makes some great counterarguments (even though it sounds like he's agreeing with her at times). Read especially the comments following the article posted by others in disagreement with Scafidi.
Now that we've presented you with the other side of the debate, we offer you this parting copycat conundrum (above) for discussion (which incidentally we discovered thanks to Youthoughtwewouldntnotice.com via Scafidi's blog, Counterfeitchic.om): Did Forever 21 knock-off Zoo York's doodle bag? If so, is it normatively wrong? A cause for concern? An injustice? How would you feel if you designed the fabric?