Ready to Share: Fashion and the Commons by Johanna Blakley
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Ready to Share: Fashion and the Commons by Johanna Blakley

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More than any other industry, fashion treats most of its creative output as a commons - shared resources that can be freely reused, recreated and recombined. How does the fashion industry manage to ...

More than any other industry, fashion treats most of its creative output as a commons - shared resources that can be freely reused, recreated and recombined. How does the fashion industry manage to thrive with virtually no copyright protection?

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Ready to Share: Fashion and the Commons by Johanna Blakley Ready to Share: Fashion and the Commons by Johanna Blakley Presentation Transcript

  • Title
  • Intellectual property in the fashion industry
  • Trademark protection
  • Trademark as design
  •  
  • Apparel design is too utilitarian to qualify for copyright protection
  • Too utilitarian?
  • The triumph of the creative commons
  • An open creative process
  • Copying & trends
  • Trendsetters
  • Trend spotters
  • The street
  • Fast fashion
  • The fashion industry is thriving
        • Annual sales in the U.S. fashion industry increased from $130 billion to over $214 in the past decade
        • Americans purchase over $13.8 billion worth of clothing ONLINE each year
  • Why hasn’t copying destroyed the fashion industry?
  • The virtues of copying
    • Democratization of fashion
        • Faster establishment of global trends
        • Induced obsolescence
        • Acceleration in creative innovation
  • Innovative knock-offs “ Jelly Kelly” Miu Miu Knock-off
  • Effects on the creative process
  • Making something too difficult to copy
  • Incentives to not copy
  • Fashion designers = comedians?
  • Heterogeneous not homogenous
  • Self-copying
  • Fashion’s creative commons
  • International Comparisons
    • Is the fashion industry’s creative commons unique to the U.S.?
  • Japan
    • Japanese Design Law covers apparel, but the novelty standard is extremely high.
  • European Union
    • Community design system: apparel is protected, with a less stringent novelty standard than Japan. But very few designers register their garments or take their cases to court. Why?
  • How do we establish standards for “novelty?” In the EU, the novelty standard is too low.
  • Cuisine
  • Automobiles
  • Furniture
  • Magic Tricks
  • Hairstyles
  • Open source software
  • Computer databases
  • Tattoos
  • Comedy
  • Fireworks
  • Games
  • Perfume
  • In the U.S., fashion isn’t the only thriving low-IP industry
  • What can commons-based industries teach us?
  • Between idea and expression
  • Dueling forces in intellectual property
  • Suggestions for research
        • Identify best practices
        • Look at the bottom line
        • Foster multidisciplinary research
        • Protect low-IP industries from protection
  • The End