Legislation pending before Congress would give designers intellectual property rights over their designs for the first time in U. S. history.
Will this help or hinder the fashion industry? Will designers finally be able to prevent unauthorized reproductions? Or will their creativity be hobbled if they can’t borrow inspiration from each other?
The document discusses proposed legislation called the Innovative Design Protection and Piracy Prevention Act that would provide 3 years of sui generis protection for original fashion designs. It aims to curb the $200 billion US fashion piracy industry while balancing innovation, but critics argue the legislation may restrict derivative works and determining what qualifies as a "non-trivial" variation is difficult. The proposed law would not require registration of designs and places the initial burden on designers to assert what is considered a protected design.
Adelphi consulting understanding film and intellectual property presentation ...Adelphi Consulting
A presentation delivered by Principal Partner Adelphi Consulting, Ese Oraka, at the Film Production Fund/Project Nollywood Act/LBS Entrepreneurial Development Service Capacity Building Workshop, Lagos, Nigeria.
The Federal government launched Project ACT, a 3 billion naira film intervention fund managed by the Ministry of Finance and the Ministry of culture and tourism. A sub component of this fund is the Film Production Fund 700 million Naira film production fund with the aim of the allocating grants to production companies and independent producers who were at different stages of production.
Sometime in April, prequalified applicants for the fund- as part of the process- attended two day workshops organized in conjunction with Lagos Business School in Lagos, Kano and Abuja. Here, they were expected to receive training on things that related to the business side of film production, and participants attended session’s on business modeling business planning and related stuff.
For those who were not there or for those who were there and didn’t get the slides; feel free to download and share with your relevant networks.
What are copyright and other related rights Kamma K Babu
Copyright is a legal concept that protects original creative works. It gives the creator exclusive rights to copy, distribute, perform, display or adapt their work. Copyright covers literary works, films, music, art, photographs and software. The duration of copyright is typically the creator's lifetime plus 50-70 years. While ideas cannot be copyrighted, the expression or manifestation of ideas in a tangible form is protected.
Learning Objective: Develop an understanding of how an invention can be protected.
At some point in your life, a light bulb above your head shines bright, as you believe you’ve come up with something brilliant, namely an invention. But what now? How do you protect it?
Whether you want to produce and market your invention on your own, or license it to another company, the only way to profit from your invention and to guarantee that no one will steal your idea is to seek patent protection. This seminar will help you gain an understanding of patents and the process of pursuing patent protection of your inventions.
At the end of this seminar, participants will be able to:
a. Explore the pros and cons of pursuing patent protection.
b. Understand the patent application process.
c. Identify options for patent monetization.
The document provides an introduction to copyright law in India, including:
1) Copyright law in India is similar to laws in England and Wales, with the first Indian Copyright Act passed in 1914 based on English provisions.
2) The Copyright Act of 1957 is the main law which introduced civil and criminal remedies and established the Copyright Office and Board.
3) There is ongoing debate around copyrighting DNA sequences, with arguments on both sides as to whether DNA constitutes an original literary work.
The document provides information about intellectual property rights. It discusses that WIPO was established in 1967 and is a UN agency focused on promoting IP protection worldwide. On World IP Day, WIPO's focus is on promoting visionary innovation. There are law firms around the world that help with IP protection. IP includes literary/artistic works protected by copyright and industrial property protected by patents, trademarks, etc. The document outlines the major IP laws and rights in India like the Copyright Act, Patents Act, and Trademarks Act. It also discusses what constitutes infringement of these different IP rights and actions that can be taken for infringement.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
The document discusses proposed legislation called the Innovative Design Protection and Piracy Prevention Act that would provide 3 years of sui generis protection for original fashion designs. It aims to curb the $200 billion US fashion piracy industry while balancing innovation, but critics argue the legislation may restrict derivative works and determining what qualifies as a "non-trivial" variation is difficult. The proposed law would not require registration of designs and places the initial burden on designers to assert what is considered a protected design.
Adelphi consulting understanding film and intellectual property presentation ...Adelphi Consulting
A presentation delivered by Principal Partner Adelphi Consulting, Ese Oraka, at the Film Production Fund/Project Nollywood Act/LBS Entrepreneurial Development Service Capacity Building Workshop, Lagos, Nigeria.
The Federal government launched Project ACT, a 3 billion naira film intervention fund managed by the Ministry of Finance and the Ministry of culture and tourism. A sub component of this fund is the Film Production Fund 700 million Naira film production fund with the aim of the allocating grants to production companies and independent producers who were at different stages of production.
Sometime in April, prequalified applicants for the fund- as part of the process- attended two day workshops organized in conjunction with Lagos Business School in Lagos, Kano and Abuja. Here, they were expected to receive training on things that related to the business side of film production, and participants attended session’s on business modeling business planning and related stuff.
For those who were not there or for those who were there and didn’t get the slides; feel free to download and share with your relevant networks.
What are copyright and other related rights Kamma K Babu
Copyright is a legal concept that protects original creative works. It gives the creator exclusive rights to copy, distribute, perform, display or adapt their work. Copyright covers literary works, films, music, art, photographs and software. The duration of copyright is typically the creator's lifetime plus 50-70 years. While ideas cannot be copyrighted, the expression or manifestation of ideas in a tangible form is protected.
Learning Objective: Develop an understanding of how an invention can be protected.
At some point in your life, a light bulb above your head shines bright, as you believe you’ve come up with something brilliant, namely an invention. But what now? How do you protect it?
Whether you want to produce and market your invention on your own, or license it to another company, the only way to profit from your invention and to guarantee that no one will steal your idea is to seek patent protection. This seminar will help you gain an understanding of patents and the process of pursuing patent protection of your inventions.
At the end of this seminar, participants will be able to:
a. Explore the pros and cons of pursuing patent protection.
b. Understand the patent application process.
c. Identify options for patent monetization.
The document provides an introduction to copyright law in India, including:
1) Copyright law in India is similar to laws in England and Wales, with the first Indian Copyright Act passed in 1914 based on English provisions.
2) The Copyright Act of 1957 is the main law which introduced civil and criminal remedies and established the Copyright Office and Board.
3) There is ongoing debate around copyrighting DNA sequences, with arguments on both sides as to whether DNA constitutes an original literary work.
The document provides information about intellectual property rights. It discusses that WIPO was established in 1967 and is a UN agency focused on promoting IP protection worldwide. On World IP Day, WIPO's focus is on promoting visionary innovation. There are law firms around the world that help with IP protection. IP includes literary/artistic works protected by copyright and industrial property protected by patents, trademarks, etc. The document outlines the major IP laws and rights in India like the Copyright Act, Patents Act, and Trademarks Act. It also discusses what constitutes infringement of these different IP rights and actions that can be taken for infringement.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
This document discusses fashion design protection in the United States. It notes that the US fashion market is worth $200 billion and that the US lacks formal design protection unlike the EU and other countries. Currently, US law provides limited protection for fashion designs through copyright, trademark, and design patent laws. Recent legislation has proposed a new sui generis protection for original fashion designs that would last three years. However, there is debate around how to define concepts like "substantially identical" designs and whether this would unduly restrict creative inspiration and trends. The document analyzes issues and challenges around expanding intellectual property protection for the fashion industry.
This document provides an introduction to copyright law in India. It discusses that copyright law was first introduced in India in 1914 and is now governed by the Copyright Act of 1957. The act protects original literary, dramatic, musical and artistic works. Infringement occurs when someone exercises the rights of the copyright owner without permission, such as by distributing or copying a work. The document concludes with a case study of Apple v Samsung, where Apple sued Samsung for copying the iPhone and was awarded $1 billion for patent infringement.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
Copyright laws protect original creative works such as literature, art, music, and other intellectual property. Trademarks protect brand names and ensure authenticity of commercial products. As educators, understanding copyright is important to avoid legal issues and termination of employment that could result from violations. The fair use doctrine allows limited use of copyrighted works for purposes of commentary, teaching, and research without obtaining permission. To determine fair use, educators consider factors such as whether the use is non-profit, factual in nature, and does not negatively impact the copyright holder's market.
This document provides an introduction to copyright in India, including a case study on copyrighting DNA and infringement of copyright. It discusses that copyright in India is governed by the Copyright Act of 1957, which was influenced by English law but introduced new concepts. Copyright protects original literary, dramatic, artistic works for a limited term. Infringement occurs when someone exercises the rights of the copyright owner without permission, such as by distributing or copying a work. Remedies for infringement include civil remedies like damages or profits recovery, and criminal remedies like fines and imprisonment. The document outlines the principles for determining infringement and defenses.
This document summarizes a lecture on copyright law and piracy delivered by Deji Olatoye. It defines intellectual property and copyright, outlining the types of works protected by copyright law in Nigeria. It describes the exclusive rights granted to copyright holders, including reproduction, distribution, and adaptation rights. It also discusses copyright infringement, remedies available under statutory and common law, and issues regarding information management. The document is intended to provide an overview of key concepts in Nigerian copyright law.
Ip17 dlp mil q1 lc 17 understanding of the intellectual property, copy right,...George Lumayag
The document outlines a lesson plan about intellectual property, copyright, and fair use guidelines. The objective is for students to practice their understanding of these concepts. The lesson involves dividing students into groups to define key terms, analyze examples, and discuss why these rights should be protected and how they benefit people. Students will also apply their knowledge by identifying intellectual property categories and evaluating examples. The lesson aims to develop students' literacy, critical thinking, and understanding of intellectual property topics.
How to get copyright in India - To obtain a copyright, there are two requisites: A copyright work should be a literary, musical, dramatic or artistic work in a tangible form.The work should be original.
To get your copyright protection in India visit https://www.intepat.com/ip-services/copyright-registration-india/
This module discusses investigating trademark and copyright infringement. It begins with an overview of trademarks, copyrights, and the differences between them. It then covers investigating trademark infringement, including monitoring for infringements, key considerations, and steps to take. It discusses copyright infringement and how copyrights are enforced through lawsuits. The module also covers plagiarism as a form of copyright infringement, types of plagiarism, and tools to detect plagiarism including Turnitin, CopyCatch, and other academic tools.
This document summarizes a presentation on copyright in India. It discusses the history and evolution of copyright law in England, the US, and India. The key points of the Indian Copyright Act of 1957 are outlined, including rights over literary, dramatic, musical and artistic works. The presentation also uses a case study of T-Series and the Indian music industry to illustrate the problem of music piracy in India during the late 20th century. It describes how T-Series was initially involved in illegal copying but later transitioned to producing legal "cover versions" of popular songs.
Intellectual property refers to creations of the mind like inventions, literary and artistic works, designs, names and symbols. It is divided into two branches: industrial property like patents, trademarks and designs, and copyright for creative works. The main purpose of intellectual property law is to encourage innovation by granting limited monopoly rights to creators and inventors. There are several types of intellectual property including patents for inventions, copyrights for creative works, trademarks for distinguishing business sources, and geographical indications for goods linked to their place of origin. Intellectual property laws aim to promote creativity while allowing for fair use of creations.
Intellectual property refers to creations of the mind such as inventions, artistic works, and symbols used in commerce, and can be protected by copyright, which grants creators exclusive rights over the reproduction and distribution of their original works; copyright applies to digital media like websites and online content as it does to physical works; penalties for copyright infringement range from fines to imprisonment depending on the scale of the offense.
Law, Science & Technology: Copyright & related rights (1 of 2)
- History & developments
- Legal sources
- Copyright harmonization
- Subject matter
- Concept of originality
- Exhaustion + case study
Slide 5: Push and pull relation between technology and copyright
Slide 6: 1450 Invention of printing press
Slide 8: Statute of Ann (1710)
Slide 12: Copyright US Constitution (1790)
Slide 13: The Pirate Publisher
Slide 15: 20th century, cassette, video tape, CDs, Napster, The Pirate Bay, Popcorn Time
Slide 22: The battle of copyright (free culture, corporate capitalism, public domain)
Slide 23: Legal sources (sauces)
Slide 25: Berne convention (1886)
Slide 28: Three step test
Slide 29: Universal Copyright Convention (1952)
Slide 30: Rome convention (1961)
Slide 32: TRIPS - Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Slide 35: WIPO Internet Treaties (1996)
Slide 36: EU Copyright Law
Slide 39: Road to harmonization (Regulations, Directives, CJEU practice...)
(...)
Digital Copyright, Digital Agenda by EU Commission, Digital Single Market, Originality, CRM Directive, InfoSoc Directive, Directive 2001/29, Directive 2014/26/EU, UsedSoft, Painer, Football Dataco, SAS Institute, Google Adwords, Svensson, Links and copyright, Caching and copyright, ...
A look at copyright and the influence of technology in that right. Presentation looks at how copyright is administered in the Caribbean island of St. Vincent and the Grenadines.
comparative study of the main features of copyright law in india usa & uk [co...sanjeev kumar chaswal
The document provides a comparative overview of copyright law in India, the UK, and the US. It discusses key aspects such as what works are eligible for copyright protection, how copyright is initially acquired and owned, rights granted to copyright holders, duration of copyright protection, and assignment/transfer of copyright. For each topic, the rules and requirements in each country are outlined and compared. The document aims to highlight the main features and differences between copyright law in these three jurisdictions.
This document discusses the Innovative Design Protection and Piracy Prohibition Act (IDPPPA), which aims to provide three-year protection for original fashion designs. It would establish a new chapter in copyright law and protect designs that have a unique, distinguishable variation over prior designs. Substantially identical designs that are likely to cause confusion would be prohibited. The bill is supported by two major fashion industry groups but some aspects of what qualifies as a protectable design are vague. Courts may need to provide clarification on how to determine if a design is sufficiently unique. Registration would not be required to receive protection under the act.
The document provides an overview of proposed U.S. legislation in 2012 called the "Innovative Designs Protection and Piracy Prevention Act of 2012". The bill aims to protect fashion designs by providing 3 years of protection against copying. It defines protectable fashion designs and what would constitute infringement. It also outlines exceptions, available remedies, and the relationship to existing design patent law.
Check out Crefovi's webinar on "Tools & tips to fund your fashion business and retain control over it".
This presentation was made by Annabelle Gauberti, founding partner of Crefovi and president of ialci, in London in February 2014.
This document discusses fashion design protection in the United States. It notes that the US fashion market is worth $200 billion and that the US lacks formal design protection unlike the EU and other countries. Currently, US law provides limited protection for fashion designs through copyright, trademark, and design patent laws. Recent legislation has proposed a new sui generis protection for original fashion designs that would last three years. However, there is debate around how to define concepts like "substantially identical" designs and whether this would unduly restrict creative inspiration and trends. The document analyzes issues and challenges around expanding intellectual property protection for the fashion industry.
This document provides an introduction to copyright law in India. It discusses that copyright law was first introduced in India in 1914 and is now governed by the Copyright Act of 1957. The act protects original literary, dramatic, musical and artistic works. Infringement occurs when someone exercises the rights of the copyright owner without permission, such as by distributing or copying a work. The document concludes with a case study of Apple v Samsung, where Apple sued Samsung for copying the iPhone and was awarded $1 billion for patent infringement.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
Copyright laws protect original creative works such as literature, art, music, and other intellectual property. Trademarks protect brand names and ensure authenticity of commercial products. As educators, understanding copyright is important to avoid legal issues and termination of employment that could result from violations. The fair use doctrine allows limited use of copyrighted works for purposes of commentary, teaching, and research without obtaining permission. To determine fair use, educators consider factors such as whether the use is non-profit, factual in nature, and does not negatively impact the copyright holder's market.
This document provides an introduction to copyright in India, including a case study on copyrighting DNA and infringement of copyright. It discusses that copyright in India is governed by the Copyright Act of 1957, which was influenced by English law but introduced new concepts. Copyright protects original literary, dramatic, artistic works for a limited term. Infringement occurs when someone exercises the rights of the copyright owner without permission, such as by distributing or copying a work. Remedies for infringement include civil remedies like damages or profits recovery, and criminal remedies like fines and imprisonment. The document outlines the principles for determining infringement and defenses.
This document summarizes a lecture on copyright law and piracy delivered by Deji Olatoye. It defines intellectual property and copyright, outlining the types of works protected by copyright law in Nigeria. It describes the exclusive rights granted to copyright holders, including reproduction, distribution, and adaptation rights. It also discusses copyright infringement, remedies available under statutory and common law, and issues regarding information management. The document is intended to provide an overview of key concepts in Nigerian copyright law.
Ip17 dlp mil q1 lc 17 understanding of the intellectual property, copy right,...George Lumayag
The document outlines a lesson plan about intellectual property, copyright, and fair use guidelines. The objective is for students to practice their understanding of these concepts. The lesson involves dividing students into groups to define key terms, analyze examples, and discuss why these rights should be protected and how they benefit people. Students will also apply their knowledge by identifying intellectual property categories and evaluating examples. The lesson aims to develop students' literacy, critical thinking, and understanding of intellectual property topics.
How to get copyright in India - To obtain a copyright, there are two requisites: A copyright work should be a literary, musical, dramatic or artistic work in a tangible form.The work should be original.
To get your copyright protection in India visit https://www.intepat.com/ip-services/copyright-registration-india/
This module discusses investigating trademark and copyright infringement. It begins with an overview of trademarks, copyrights, and the differences between them. It then covers investigating trademark infringement, including monitoring for infringements, key considerations, and steps to take. It discusses copyright infringement and how copyrights are enforced through lawsuits. The module also covers plagiarism as a form of copyright infringement, types of plagiarism, and tools to detect plagiarism including Turnitin, CopyCatch, and other academic tools.
This document summarizes a presentation on copyright in India. It discusses the history and evolution of copyright law in England, the US, and India. The key points of the Indian Copyright Act of 1957 are outlined, including rights over literary, dramatic, musical and artistic works. The presentation also uses a case study of T-Series and the Indian music industry to illustrate the problem of music piracy in India during the late 20th century. It describes how T-Series was initially involved in illegal copying but later transitioned to producing legal "cover versions" of popular songs.
Intellectual property refers to creations of the mind like inventions, literary and artistic works, designs, names and symbols. It is divided into two branches: industrial property like patents, trademarks and designs, and copyright for creative works. The main purpose of intellectual property law is to encourage innovation by granting limited monopoly rights to creators and inventors. There are several types of intellectual property including patents for inventions, copyrights for creative works, trademarks for distinguishing business sources, and geographical indications for goods linked to their place of origin. Intellectual property laws aim to promote creativity while allowing for fair use of creations.
Intellectual property refers to creations of the mind such as inventions, artistic works, and symbols used in commerce, and can be protected by copyright, which grants creators exclusive rights over the reproduction and distribution of their original works; copyright applies to digital media like websites and online content as it does to physical works; penalties for copyright infringement range from fines to imprisonment depending on the scale of the offense.
Law, Science & Technology: Copyright & related rights (1 of 2)
- History & developments
- Legal sources
- Copyright harmonization
- Subject matter
- Concept of originality
- Exhaustion + case study
Slide 5: Push and pull relation between technology and copyright
Slide 6: 1450 Invention of printing press
Slide 8: Statute of Ann (1710)
Slide 12: Copyright US Constitution (1790)
Slide 13: The Pirate Publisher
Slide 15: 20th century, cassette, video tape, CDs, Napster, The Pirate Bay, Popcorn Time
Slide 22: The battle of copyright (free culture, corporate capitalism, public domain)
Slide 23: Legal sources (sauces)
Slide 25: Berne convention (1886)
Slide 28: Three step test
Slide 29: Universal Copyright Convention (1952)
Slide 30: Rome convention (1961)
Slide 32: TRIPS - Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Slide 35: WIPO Internet Treaties (1996)
Slide 36: EU Copyright Law
Slide 39: Road to harmonization (Regulations, Directives, CJEU practice...)
(...)
Digital Copyright, Digital Agenda by EU Commission, Digital Single Market, Originality, CRM Directive, InfoSoc Directive, Directive 2001/29, Directive 2014/26/EU, UsedSoft, Painer, Football Dataco, SAS Institute, Google Adwords, Svensson, Links and copyright, Caching and copyright, ...
A look at copyright and the influence of technology in that right. Presentation looks at how copyright is administered in the Caribbean island of St. Vincent and the Grenadines.
comparative study of the main features of copyright law in india usa & uk [co...sanjeev kumar chaswal
The document provides a comparative overview of copyright law in India, the UK, and the US. It discusses key aspects such as what works are eligible for copyright protection, how copyright is initially acquired and owned, rights granted to copyright holders, duration of copyright protection, and assignment/transfer of copyright. For each topic, the rules and requirements in each country are outlined and compared. The document aims to highlight the main features and differences between copyright law in these three jurisdictions.
This document discusses the Innovative Design Protection and Piracy Prohibition Act (IDPPPA), which aims to provide three-year protection for original fashion designs. It would establish a new chapter in copyright law and protect designs that have a unique, distinguishable variation over prior designs. Substantially identical designs that are likely to cause confusion would be prohibited. The bill is supported by two major fashion industry groups but some aspects of what qualifies as a protectable design are vague. Courts may need to provide clarification on how to determine if a design is sufficiently unique. Registration would not be required to receive protection under the act.
The document provides an overview of proposed U.S. legislation in 2012 called the "Innovative Designs Protection and Piracy Prevention Act of 2012". The bill aims to protect fashion designs by providing 3 years of protection against copying. It defines protectable fashion designs and what would constitute infringement. It also outlines exceptions, available remedies, and the relationship to existing design patent law.
Check out Crefovi's webinar on "Tools & tips to fund your fashion business and retain control over it".
This presentation was made by Annabelle Gauberti, founding partner of Crefovi and president of ialci, in London in February 2014.
Star Athletica, LLC vs. Varsity Brands Case Continues to Spark Fashion Law Co...Elizabeth Kurpis
The Supreme Court agreed to review a copyright case involving designs on cheerleading uniforms. In the case, Star Athletica sued Varsity Brands claiming stripes, chevrons and color blocks on uniforms were not copyrightable. The Sixth Circuit ruled they were copyrightable, disagreeing with the district court. The Supreme Court will determine if apparel features on useful items can be copyrighted. A ruling in favor of Star Athletica could limit copyright protection for fashion designs, while a ruling for Varsity Brands may provide clearer guidelines for copyrighting design elements. The outcome will impact the sports apparel and fashion industries.
Certain internet companies provide services which efficiently fight against counterfeiting and online infringement, without resorting to legal means. How does this technology complement the work done by lawyers to fight against the online pandemic of knockoffs? What services, exactly, are provided to brands? Stuart Durham, General Manager UK, NetNames
Design Piracy -- Pilaging on the High Financial Seas of FashionKathleen Broughton
This document discusses whether fashion design should receive copyright protection under intellectual property law. It provides background on past attempts to protect fashion through antitrust laws and unfair competition claims, which were unsuccessful. Fashion design meets the criteria of original works of authorship fixed in a tangible medium, as required for copyright. However, there is debate around how much creativity is needed and where to draw the line for protection. The document argues that highly original fashion designs deserve the same protection as other creative works like paintings and sculptures.
The document provides information on several major philanthropic foundations, including their year of establishment, total assets, amount of grants awarded. The Moore Foundation was established in 2000 and has assets of $5.6 billion. The Rockefeller Foundation founded in 1913 has $3.5 billion in assets. The Ford Foundation established in 1944 has awarded over $1 billion in grants from its $2.2 billion in assets. The Hewlett Foundation has been making grants since 1967 from its $7.74 billion in assets. The Bill and Melinda Gates Foundation has over $5 billion in assets and has awarded over $5 billion in grants worldwide.
Art Basel 2011 will be held in Miami Beach, Florida from December 1-4. Over 260 leading galleries from around the world will showcase works by over 2,000 artists. To mark its 10th edition, Art Basel will feature unique artworks and performances across Miami Beach. Bâoli-Vita, a restaurant in Miami, will host a series of exclusive dinners during Art Basel to honor art and fashion elites. The events will include a dinner on December 3rd focusing on art and fashion that will include a fashion show and after party with supermodels and designers.
This document provides information about a client profile and apparel selection project for a 22-year-old woman from Madhubani, Bihar. It details her background as coming from a family of Madhubani painters and her planned activities during a week-long trip to Delhi, including visiting sites, meeting with contacts, and displaying her art. It also lists suggested wardrobe items, accessories, and innerwear to suit her needs and activities during her trip. The learning outcome is that choosing appropriate outfits requires understanding the client's background, personality, and needs to make them feel confident and happy.
China Mobile Internet 2015 Year in ReviewTalkingData
See what happened in China Mobile internet market in 2015!
About TalkingData:
TalkingData is China’s largest independent Big Data service platform focusing on the mobile Internet. After nearly 5 years of rapid development,TalkingData has progressively built the best-in-class Big Data products and services varying from highly-scalable data mining, deep data analytics, DMP (Data Management Platform), market intelligence, enterprise-level consulting service.
TalkingData are now serving for more than 80,000 mobile developers with reaching over 2 billion independent mobile devices in China. Many well-known internet and traditional companies are running their businesses based on our services, including Tencent,Baidu,Netease,360, China UnionPay,CMB,CIB,CITIC,Ping An, etc.
Post WWII culture: architecture, design, movies, music, politics, products, Rock 'n Roll and all the events that completely changed Western Culture in the aftermath of the war.
Loads of images and text.
Researched, Assembled and Designed by Alex Brown
Blog: alexbrown.net
To start a successful fashion line, you must understand your target market and develop an operational plan. Key steps include deciding on price points, identifying retailers to sell your products, and creating a unique design concept and brand identity. It is also important to forecast fashion trends, develop prototypes and samples, and partner with factories for production. Ongoing tasks involve marketing the line, getting buyer feedback, replenishing popular styles, and analyzing sales data to inform future collections.
African-American Design: Cultural Influences of African ArtWilliam Sands
The document discusses African cultural influences on home fashion from different regions across the continent, including West Africa, East Africa, Southern Africa, and Northern Africa. Each region is characterized by distinct colors, patterns, and design elements that have inspired home decor styles, such as pulsating colors and simple geometry in West Africa, muted earth tones and nomadic styles in East Africa, ritual symbolism and craftsmanship in Southern Africa, and ethnic designs in Northern Africa.
This document presents a marketing plan for British clothing brand Reiss to enter the Dutch market. It proposes opening 3 stores in major cities like Amsterdam, Rotterdam, and The Hague within 3 years. The plan aims to increase international sales by 25% and achieve an 8% internal rate of return. It identifies Reiss' target customer as fashionable middle to high class individuals. A key strategy is an "Augmented Shopping Experience" using innovations like a personal shopper and events combining fashion and art. Contingency plans include expanding to Poland if the Dutch market proves incompatible or unprofitable due to high competition or economic downturn.
For fashion brands, building a touchpoint landscape is an increasingly daunting task. Fashion is democratizing rapidly and a new breed of social media like Pinterest is bringing great opportunities. This presentation offers a method of building real story telling customer journeys for different customer types. It also shows a number of promising trends. It includes overviews of online and offline touchpoints, owned, bought, and earnt media; it shows ways of connecting touchpoints with QR codes and more.
When Tech meets Fashion, what could possibly go wrong? @nickdemeyBoard of Innovation
This document discusses common pitfalls when combining technology and fashion. It notes that simply throwing technology into fashion does not make sense and provides examples of fashiontech startups that failed because they did not understand user behavior. The document emphasizes the difficulty of introducing new behaviors versus altering existing ones and stresses the importance of observing real users when developing fashiontech products and business concepts.
The document discusses an organization called Board of Innovation that helps large corporations innovate like startups. It does this by mixing methods from design thinking and lean startup. It has a global network and culture of sharing tools and inspiration. It has worked with many large Fortune 500 companies across various industries to help them develop new business models and revenue streams through programs like corporate accelerators and training on topics like design thinking, lean startup, and business model innovation. Clients provide testimonials praising how Board of Innovation has helped challenge traditional thinking and bring new perspectives to developing innovative ideas and projects.
1) The document discusses different types of fashion including haute couture, ready-to-wear, and mass market. It also categorizes designer products from basic to high fashion.
2) It examines copying in the fashion industry, noting widespread copying by retailers like H&M and Zara. While copying occurs, trademark counterfeiting is distinguished.
3) The fashion industry currently operates under a low intellectual property regime where designs are not protected from copying. This may speed up diffusion and induce rapid design changes between seasons.
This document provides an overview of intellectual property protection in the fashion industry. It discusses how copyright, design patents, and trademarks can protect certain design elements but often do not extend to clothing designs themselves due to issues with separability of function and aesthetics. Copyright may protect some surface designs but not the overall clothing design. Design patents are difficult to obtain for clothing as designs must be novel, non-obvious, and primarily ornamental rather than functional. Trademarks only protect brand names and logos. Overall, US law provides little IP protection for clothing designs due to balancing innovation against restricting competition.
This document discusses the history and types of intellectual property. It begins with a brief history, noting that intellectual property laws originated in the 17th-18th centuries with statutes establishing copyright and patent laws. Common types of intellectual property include copyrights, patents, trademarks, and trade secrets. The document then provides more details on each type of intellectual property, describing what they protect and their purposes. It concludes by outlining three main objectives of intellectual property laws: to provide financial incentives for creation, promote economic growth, and uphold morality.
The document discusses intellectual property (IP) protections for fashion designs. It outlines the prevalence of copying in the industry and how technology has impacted copying. It reviews current IP protections like copyright, trademark, trade dress, and patents. Protections vary by country, with some like France and the EU providing more protection. While IP protections could benefit small and medium fashion enterprises, there are also arguments that a low-IP equilibrium benefits the industry as a whole through rapid trends and anchoring of new styles. Finding the right balance of protections is important.
The document discusses intellectual property (IP) protections for fashion designs. It outlines the prevalence of copying in the industry and how technology has impacted copying. It reviews current IP protections like copyright, trademark, trade dress, and patents. Protections vary by country, with some like France and the EU providing more protection. While IP protections could benefit small and medium fashion enterprises, there are also arguments that a lack of strong protection promotes innovation in the industry. Finding the right balance of protections is important.
This document summarizes Margaret Hallet's paper on fashion design and intellectual property protections. It discusses the prevalence of copying in the fashion industry and how technology has impacted copying. It examines where fashion fits within existing intellectual property frameworks like copyright, trademark, and patent law. It also reviews the current intellectual property protections available in different countries and proposed protections in the US. Finally, it discusses the impact of low intellectual property protections on the fashion industry and economy.
The document discusses the history and development of sewing machines from early inventions in the 18th century to modern innovations. Key early patents included those awarded to Charles Fredrick Wiesenthal in 1755 for a double-pointed needle and Thomas Saint in 1790 for an overhead arm and tensioning system. However, satisfactory functioning chain stitch machines were not developed until the 1830 patent awarded to Barthelemy Thimonnier for a machine using a horizontal arm and reciprocating needle bar. The document advocates using intellectual property rights to protect innovations in sewing machine technology.
1. The document discusses various intellectual property rights cases, including a case where Yves Saint Laurent successfully sued Ralph Lauren for copying the design of one of YSL's dresses.
2. It also discusses the history and evolution of sewing machines, from early chain stitch machines to modern machines using lockstitch technology. Key inventors and their innovations are mentioned.
3. The document provides examples of patent, trademark, and copyright infringement cases and how courts have ruled on these cases.
Mach Dein Ding: The Stuff We Make in Legalese (Creative Commons: Geistiges Ei...Peter Troxler
The document discusses intellectual property (IP) and different mechanisms for protecting creations and inventions, including patents, copyright, and industrial design rights. It provides background on the history of patents and copyright, dating back to the 15th century, and how they evolved from royal monopolies to the current IP systems. The types of "stuff" people make are categorized, along with the applicable legal terms and protection mechanisms for each type, such as patents for inventions, copyright for artistic works, and industrial design rights for ornamental creations.
Copyright protects original creative works and grants authors certain exclusive rights for a limited time. The length of copyright protection has increased over time from an original 14 years to the current standard of life of the author plus 70 years. Notable works like Mickey Mouse and Happy Birthday have had their copyright extended through legislation. Copyright covers literary, musical, dramatic works and more but does not protect ideas, facts, or functional objects. Fair use and first sale doctrine place limits on authors' exclusive rights.
The document provides an overview of intellectual property (IP) basics. It defines IP as property that derives from the work of the mind or intellect, and notes the four main types of IP are patents, copyrights, trademarks, and trade secrets. For each type, it briefly outlines what they protect and their governing laws. The document then focuses on providing more detail on copyrights, including what is copyrightable, the bundle of rights, duration, and fair use. It also covers trademarks, patents, and licensing. The overall summary is an introductory guide to understanding different forms of IP.
The document discusses various types of intellectual property rights including patents, copyrights, trademarks, industrial designs, integrated circuits, geographical indications, and trade secrets. It provides details on what each type of intellectual property protects, how long protection lasts, and the overall importance of intellectual property rights in promoting innovation and creativity.
This document contains notes and answers from a law student regarding copyright law. It discusses topics like copyrightable subject matter, originality, ownership, work made for hire, copyright duration including the Mickey Mouse amendment, infringement, and licensing. It provides examples to illustrate these concepts, such as how copyright ownership is distinct from physical ownership, and how sampling music can infringe both the composition and sound recording copyrights unless licensed. The student correctly answered multiple choice questions testing their understanding of copyright fundamentals.
This document provides an overview of intellectual property law, focusing on copyright and trademark. It discusses:
- The constitutional basis and history of copyright in the US.
- How copyright automatically applies and is enforced through civil lawsuits.
- The types of intellectual property (copyright, trademark, patents) and their typical durations.
- Exceptions and limitations to copyright like fair use, public domain works, and Creative Commons licensing.
- Key copyright cases around music/file sharing (Sony, Napster, Grokster) and how laws like the DMCA responded.
- Trademark basics and issues like the Redskins name controversy and domain name disputes.
The document serves to outline the
The document discusses intellectual property, including copyright, fair use, and creative commons. It defines intellectual property and the different types, such as copyright, patents, trademarks, industrial design, and geographical indications. It outlines intellectual property rights as defined by WIPO and Philippine law. The document also discusses fair use guidelines and how creative commons licenses work. It provides examples and learning competencies related to properly understanding and applying intellectual property concepts.
This document discusses various topics related to intellectual property including definitions of intellectual property, different types of intellectual property like copyrights, patents, trademarks, and trade secrets. It also discusses intellectual property laws and regulations in India, including the Indian Patent Office, copyright law, important copyright cases from 2019, and an overview of trademark registration process in India.
Intellectual property rights establish minimum standards of protection for intellectual creations of the mind such as inventions, artistic works, symbols, names and images. They usually give the creator exclusive rights over use of the creation for a certain period of time. The main purpose is to encourage creation of a variety of intellectual goods. There are two main forms - literary and artistic works protected by copyright, and industrial property like patented inventions protected by patents, trademarks, industrial designs, trade secrets and geographical indications. World Intellectual Property Organization promotes IP protection globally.
1. The document discusses the history and types of intellectual property, including patents, copyrights, trademarks, industrial designs, plant varieties, trade dress, and trade secrets.
2. It provides details on each of the seven main types of intellectual property: patents, copyrights, industrial design rights, plant varieties, trademarks, trade dress, and trade secrets.
3. The document also briefly discusses infringement and enforcement of intellectual property rights, as well as criticisms of intellectual property.
How International IP Laws Affect PR Practice in the Digital AgeSarah Jackson
This document summarizes Cayce Myers' presentation on how international intellectual property laws affect public relations practice in the digital age. The presentation covered key differences between U.S. copyright law and laws abroad, implications for PR practitioners working internationally, and emerging issues at the intersection of social media and copyright. International copyright is governed by individual nations' laws and international treaties. Enforcement of judgments abroad and pursuing infringement claims can be difficult for U.S. practitioners. Social media platforms also present new copyright challenges both domestically and globally.
It is according to the new syllabus of Business regulatory Framework (B.R.F.) of Veer Narmad South Gujarat University. It includes basic understanding of intellectual property rights. meaning, term period, registration process and act under which different intellectual property falls, are also included in these slides.
Amid the constant barrage of distractions and dwindling motivation, self-discipline emerges as the unwavering beacon that guides individuals toward triumph. This vital quality serves as the key to unlocking one’s true potential, whether the aspiration is to attain personal goals, ascend the career ladder, or refine everyday habits.
Understanding Self-Discipline
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2. ThankstoJoanandJordanLeibman
PreviousForums
9/25/09 - The Art of Hope: a panel discussion on Imani
Workshops
11/11/08 - The Valuation of Art
11/9/07 - The Business of Art and the Art of Business
11/14/06 - Art Forgery and Fraud
11/11/05 - What's In Your Portfolio?: Art as an Asset Class
10/4/04 - Crises in the Protection of Archaeological
Heritage: Iraq and Afghanistan
11. "Fashion should slip out of your
hands. The very idea of
protecting the seasonal arts is
childish. One should not bother to
protect that which dies the minute
it is born.”
-Coco Chanel
13. U.S. Constitution, Art. I, Sec. 8 –
The Congress shall have power to promote
the progress of science and useful arts, by
securing for limited times to authors and
inventors the exclusive right to their
respective writings and discoveries;
14. Copyright 101
Copyright are exclusive rights granted to the creator of
an “original work of authorship fixed in any tangible
medium of expression”
Bundle of Rights
1) reproduction of the work
2) preparation of derivative works
3) distribution of copies of the work
4) public performances of the work
5) public display of the work.
(c) Kenan L. Farrell 2010
15.
16. All images and text in the
presentation are used for
purposes such as:
•criticism
•comment
•news reporting
•teaching
•scholarship
•research
17.
18.
19.
20.
21.
22. Copyright 101
No copyright protection for “useful articles,” that is,
goods in which creative expression is
compounded with practical utility.
23.
24.
25. Copyright 101
Copyright does extend to "features that can be
identified separately from, and are capable of
existing independently of, the utilitarian aspects
of the article.”
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37. Trademark 101
• A trademark is a 1) distinctive sign or
indicator 2) used to identify products or
services as originating from a unique
source, and 3) to distinguish its products
or services from those of other entities.
Reduces consumer confusion
Reduces unfair competition
41. Remedies for copyright infringement are
easier to prove and much harsher than
trademark infringement
42. Trademark Checklist
Get your domain name(s), Facebook username,
Twitter account, etc.
At bare minimum, do a Google search for similar
marks
When budget permits, seek federal registration
Always use a proper trademark notice (™ for common
law rights, ® if you’ve obtained registration)
43. Patent 101
• “Design patent” - 14-year term of protection
for “new, original, and ornamental designs for
an article of manufacture.”
• The filing fee for a design patent is $100, the
issue fee is $400, and the maintenance fees
over the life of the patent are $3,500.
• Applying for a design patent can take several
years, which exceeds the life expectancy of
the market for many designs.
44. Increasing Use of Patents
• Innovations in the
creation of synthetic
fabrics have increased the
prevalence of patents.
• A patent portfolio reflects
technologies for the
creation of, for example,
crease and weather-
resistant fabrics.
45. Fashion Industry 101
$750 billion of apparel
sold annually worldwide
U.S. Fashion Industry - $350 billion
U.S. Music Industry - $66 billion
U.S. Film Industry - $28 billion
47. Fall shows are held during consecutive weeks
in February and March, first in New York, then
London, then Milan, and finally, in Paris.
Spring shows are held during consecutive
weeks in September and October, in the same
cities and order.
Midwest Fashion Week – March 2011
56. Fashion Originator’s Guild
1932-1941
1941 - Fashion Originators’
Guild of America v. Federal
Trade Commission - the
Supreme Court held the
Guild’s practices to be
unfair competition and a
violation of the Sherman
and Clayton Acts.
57. Cyclical - styles fall out of fashion and are
replaced, often seasonally, by new styles
58. Positional goods - goods whose value is closely
tied to the perception that they are valued by
others
The value of a positional good arises in part
from social context
59. Anchoring
• The process by which the
industry converges on a few
major design themes, or
trends, during a fashion
season – colors, whether
skirts are fitted or flowing, or
cuffs are wide or slim
• The mechanism by which the
fashion industry signals to
consumers that trends have
changed, and it's time to
update the wardrobe.
62. Protection for fashion designs would be
automatic. No registration requirement.
Short, three-year protection against
“substantially identical” designs.
Must be “non-trivial” variation over prior
designs
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78. c) Acts without Knowledge. — It shall not be infringement
under this section to make, have made, import, sell, offer
for sale, advertise, or distribute, any article embodying a
design which was created without knowledge either
actual or reasonably inferred from the totality of the
circumstances, that a design was protected under this
chapter and was copied from such protected design.
82. §1327. Penalty for false representation
Whoever knowingly makes a false representation materially
affecting the rights obtainable under this chapter [17 USC § §1301
et seq.] for the purpose of obtaining registration of a design under
this chapter or for purposes of obtaining recovery based on a
claim of infringement under this chapter [17 USC § §1301 et seq.]
shall pay a penalty of not less than $ 5,000 and not more than $
10,000, and any rights or privileges that individual may have in the
design under this chapter [17 USC § §1301 et seq.] shall be
forfeited.
83.
84. • Be careful what you ask for
• Unintended consequences
• Increased regulation can create a situation
where everyone has rights but only the
wealthy and powerful can exert them
85. INDIANA
• Art Institute, Harrison College, Indiana
University, Purdue University and Ball State
University
• IMA Fashion Arts Society
• Fashion, Art & Design Law Society
• Indianapolis Fashion Collective
86.
87. Resources
Innovative Design Protection and Piracy Prevention Act, S. 3728
The Piracy Paradox: Innovation and Intellectual Property in Fashion Design,
Virginia Law Review, Vol. 92:1687
Chanel or Fauxnel? The Chanel Jacket…Unraveled
(http://www.learcenter.org/pdf/RTStranscript.pdf)
Between the Seams, A Fertile Commons: An Overview of the Relationship
Between Fashion and Intellectual Property
(http://www.learcenter.org/pdf/RTSJenkinsCox.pdf)
The Ecology of Creativity in Fashion
(http://www.learcenter.org/pdf/RTStranscript.pdf)
88. For me, the moment I'd finished it, nothing
made me happier than seeing copies of what I
had done, because that meant I'd done the
right thing.
-Tom Ford
89. Trade Dress
• Trade dress involves the
total image of a
product . . . size, shape,
color, color combinations,
texture, graphics.
• Limited to non-functional
design elements
• Limited to design
elements that are “source
designating,” rather than
merely ornamental
90. • § 106A. Rights of certain authors to attribution and integrity
• (a) Rights of Attribution and Integrity.— Subject to section 107 and independent of the exclusive
rights provided in section 106, the author of a work of visual art— (1) shall have the right— (A) to
claim authorship of that work, and
• (B) to prevent the use of his or her name as the author of any work of visual art which he or she did
not create;
• (2) shall have the right to prevent the use of his or her name as the author of the work of visual art
in the event of a distortion, mutilation, or other modification of the work which would be
prejudicial to his or her honor or reputation; and
• (3) subject to the limitations set forth in section 113 (d), shall have the right—
• (A) to prevent any intentional distortion, mutilation, or other modification of that work which
would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation,
or modification of that work is a violation of that right, and
• (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly
negligent destruction of that work is a violation of that right.
Editor's Notes
Legislation pending before Congress would give designers intellectual property rights over their designs for the first time in U. S. history.
Will this help or hinder the fashion industry? Will designers finally be able to prevent unauthorized reproductions? Or will their creativity be hobbled if they can’t borrow inspiration from each other?
The Jordan and Joan R. Leibman Forum was established in 2004 to examine issues on the legal and business environment of the arts.
The forum is a joint project of the law school, the IU Kelley School of Business in Indianapolis and the IU Herron School of Art and Design.
IndyLaw - Elizabeth Allington, Shaun Ingram
FAD - Dr. Erin Albert and Courtney Lopez
In the interest of time, I’ll wait to tell you a bit more about myself during the Q&A.
Let’s talk about fashion. Eccentric fashion designers, beautiful models, expensive clothing…that’s it.
I’m no fashionista, I’m looking at the fashion industry from the perspective of IP Law. How is the fashion industry so successful with only limited intellectual property protection? Design copying is rampant and yet it’s a booming industry. It raises some interesting questions about originality, copying and how to best promote innovation.
I promise plenty of glamorous photos for the fashionistas and hopefully enough black letter law to satisfy the lawyers.
Let’s figure out who’s in the crowd
How many are lawyers?
How many in the fashion industry?
Law students?
Fashion students?
For the last few decades, the mantra has been that strong intellectual property protection is necessary to stimulate creativity and innovation. Powerful industry lobbies have been making this claim to Congress in exchange for longer and greater protection.
IP law provides incentives by allowing creators to control access to their works and demand payment for them. Without these incentives – the argument goes – people will be unable to profit from their works and will stop creating.
However, the Fashion industry has been largely without design protection since 1941.
Prada milan
Yet, despite only limited intellectual property protection for fashion, style houses continue to make money, the industry is booming and designers continue to develop new looks every season. Creativity is somehow thriving in the absence of design protection
Gucci milan
But some people are not happy. Despite many in the industry wanting nothing to do with design protection, there’s another bill. Every 4-5 years. Copyright-like protection.
We have to ask what level of monopoly should be granted and…are the right people (meaning the creators) being compensated?
But what if more protection wont spur greater creativity or save creative industries from extinction. What if these expansions might actually harm the very creativity and industries they seek to protect?
Guy Trebay – Fashion Reporter, NY Times :: Tom Ford – American fashion designer, Gucci :: Laurie Racine - President, Center for the Public Domain
some industries that asked for heavy protection like the music and film industries…find that they still are operating in an environment of effectively no IP protection
Case study in how a fashion design can be copied far and wide and still remain economically rewarding
“She wasn't threatened by the copies because the truth is the cut could not be replicated. The fabrics might be similar, but she was so obsessed with the integrity of the cut that she never felt threatened by any of the copies.”
IP is property rights recognized for creations of the mind
Exclusive rights to a variety of intangible assets, 1. music, literary, artistic works 2. discoveries and inventions 3. words, phrases, symbols, designs
In recent years, the scope of U.S. intellectual property protection has expanded greatly in a variety of fields. Copyright terms extended from the original 14 years to life of author plus 70 years. Powerful industry lobbies continue to push for ever stronger intellectual property protections.
Intellectual Property law exists to encourage innovation and creativity or profit margins?
a "derivative work," an expressive creation that includes major, copyright-protected elements of an original, previously created first work.
So isn’t this presentation a derivative work?
Fair use – technically copyright infringement, but an exception
Hopefully a little bit of each of these will occur tonight.
Copyright litigation is really booming right now. Music and film industries are still suing people left and right. Newspapers have started suing bloggers.
Question to keep in mind: And the fashion industry wants in on this?
Protection of rights includes licensing.
What kind of things are protected by copyright?
motion pictures, dramatic works, audiovisual works,* literary works, pictorial works, musical works, choreographic works, sculptural works, sound recordings, graphic works, dramatic works
motion pictures, dramatic works, audiovisual works, *** literary works, pictorial works, musical works, choreographic works, sculptural works, sound recordings, graphic works, dramatic works
Died 100 years ago. Life of author plus 70 years. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
Edited by harriet elinor smith
Has anybody read it yet?
Why doesn’t copyright law protection fashion designs. Big exception – no useful articles
"useful article" is further defined as an "article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information.
Useful items
Bottom line. If you want protection for the ornamentation of a useful article, you need to look to a design patent
But do we think of apparel as useful article? Courts do.
Apparel protects its wearer from the elements, provides modesty, decorates the body, self-identification
Ornamentation of useful article
The exact lines have been drawn by courts but generally no protection for most fashion design
**Copyright extends to "features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.”**
designs or drawings on the surface of apparel, which are capable of being independent works of art
Jewelry is considered capable of existing independently
Vera bradley, great success story from Fort Wayne, Indiana with baggage/luggage
patterns for knit sweaters, lace designs on wedding gowns have been held to constitute copyrightable subject matter.
copyrights for these works are thin, protection from designs that are confusingly similar to the original
First law school-style hypothetical…Victoria’s Secret Fantasy Bra. Constructed of Diamonds. Worth $2million
Jewelry? Apparel?
Low IP protection since 1941, copying is rampant. So we have to ask…is copying always a bad thing?
Broader pallette of design choices
Acceleration in creative innovation
Faster establishment of global trends
Left, a dress from the Versace Spring/Summer '07 collection, which retailed for $1,685. On the right from Bebe, which sells their most expensive comparable dress for about $130. Forever 21 also sold a similar dress later in the summer.
“Referencing” or “Inspired By” or “Homage”
Fashion isn’t the only industry that thrives in the absence of copyright protection.
Useful articles
Source code is copyrighted but variety of licensing and contractual arrangements that avoid the default rules of copyright
Food, recipes – instructions
tattoos
Scent of perfume
Set of instructions
Allows a company to Build goodwill in its trademark
Trademarks of famous designers
Well protected against piracy
Illustration of the difference between copying fashion design v. copying trademark. This legal distinction is crucial. It enables the fashion world to sustain a wide open creative ethic while maintaining profitability.
Replica – copy that is relatively indistinguishable from the original
Allows you protect a powerful brand – give people a reason to want the real thing. Knockoffs indirectly affirm the brand franchise of the original
Even in the presence of design copies, your name can come to represent look and artistic standard
Why not satisfied with trademark law?
Since trademark law is currently your best source of protection, here’s a checklist.
Design patents are an extension of patent law that protect the ornamental features of an invention, which must be separable from its function
List all prior art
xxPatent law provides protection for new and useful processes, machines, products and compositions of matter through utility patentsxx
No longer dependent on natural fabrics.
$350 billion US. By comparison, music industry is $66 billion $28 billion
At every one of these shows, new (?) fashion designs.
At the top is a designer category that includes three different types of products. First is a very small trade in haute couture, that is, custom clothing designed almost entirely for women and sold at very high prices.
Directly below is a much larger business in designer ready-to-wear clothing for women and men. This tier is further segmented into prestige collections and lower-priced bridge collections offered by many famous designers.
Another level down is “better” fashion, an even larger category that consists of moderately priced apparel. Below that is a basic or commodity category.
Bridge lines self-copying
In order to compete with lower-priced design copies, the designers create their own line at that price point
Payless and limited shoe lines
Capsule collection
Digital photography, the Internet, global outsourcing of manufacture, more flexible manufacturing technologies, and lower textile tariffs have significantly accelerated the pace of copying.
The “Fashion Originators’ Guild” registered American designers and their sketches and urged major retailers to boycott known copyists.
Retailers and manufacturers signed a ‘declaration of cooperation’ wherein they pledged to deal only in original creations.
Non-compliant retailers were subject to “red-carding” (i.e., boycott).
Guild members who dealt with non-cooperating retailers faced Guild-imposed fines.
inducing more rapid turnover and additional sales.
Themes – minimalist, hippie, Romantic, Military,
What we buy is partially a function of what others buy.
While the industry produces a wide variety of designs at any one time, readily discernible trends nonetheless emerge and come to define a particular season's style.
These trends evolve through an undirected process of copying, referencing, input from consultants, observation of rivals' designs at runway shows, communication with buyers for key retailers, and coverage and commentary in the press.
Council of Fashion Designers of America - membership consists of more than 350 of America’s foremost womenswear, menswear, jewelry, and accessory designers.
How many in room are members of the CFDA?
“These duplicate versions then have the potential to flood the market and devalue the original by their ubiquity, poor quality, or speed at which they reach the consumer. Technological advances to the means of textile and garment production, as well as increases in the number of distribution channels and the availability of cheap labor in emerging economies have created serious challenges to the growth of fashion design in America. The Design Piracy Prohibition Act grew from these concerns, and was initiated with two main objectives: to protect both the established and the up-and-coming designers whose development, growth and success helps to support the $350 billion U.S. fashion industry; and to preserve intellectual property.”
How many in room are members of the CFDA?
Designers make initial determination as to whether their designs are "a unique, distinguishable, non-trivial and non-utilitarian variation over prior designs.”
Failure to mark a protected design will preclude an action for infringement before providing written notice of design protection.
Title 17, Chapter 13 – Protection of Original Designs
Sui generis - copyright- like protection outside the Copyright Act
Here’s the definition of fashion design.
This is what use to be a fashion design
"non-trivial” - Does this mean a design cannot be inspired by a past design, or can’t be a concept within the public amounting to a trend?
Designers like to believe that their creation is completely unique, but reality is that designers pull inspiration from the art, graphics, and patterns of past designers.
Will the only protectable designs be works like these?
Still no protection for surprisingly large pet apparel industry
Examples of “article of apparel”?
Recycled containers
Colors and patterns on fabrics are not considered
Doesn’t protect against similar designs, just copied designs
The challenge will be applying this definition. Specific factors will need to be determined to assess whether a fashion design is so "substantially identical" that it is likely to be mistaken for the original. Thus for protection, is a line for line copy of the design, cut, pattern and other features necessary to show that the copy is nearly indistinguishable from the original? What weight will design differences be given to determine whether they are merely trivial and infringing on the protected design?
No registration requirement.
Same components as copyright claims but have to be plead with particulariy like a fraud case
The pleading requirement is important in the context of another provision.
Typically, seller or distributor is not liable. So if someone comes to your store and tells you that one of your products infringes their design, you have to give up the source and if you order from them again, you shall be deemed to have infringed.
Recall what we learned about who makes initial determination of copying. Not a court, not the copyright office but the designer.
To prevent false claims of copying, increased the penalty for false representation
Lawyers siphon off a large part of any expected profits. Low-grade copies actually signal the desirability of the original, thus enhancing its value.
If copying were illegal, the fashion cycle would occur very slowly.
Even creators who are copied sometimes copy themselves. The house that sets the trend one season may be following it the next, and whether a particular firm will lead or follow in any given season is difficult to predict.
Fashion industry is right here in Indiana.
Develop Indy has pegged Fashion as one of four emerging industries in Indianapolis
Relative of trademark law
Fashion designs rarely will have secondary meaning because they are not intended to identify the source of the product, but instead aim to make the product more useful or appealing
In addition, most fashion designs would be too short-lived to achieve secondary meaning