hannah87 wrote:OperaSoprano wrote:
LOL, yes you are. But generally, hard science is a pre-req for patent litigation, not so called "soft IP," meaning trademark and copyright work. Patents are generally sought for inventions, processes, and chemical or material compositions. Copyrights, as defined here, are for original (but not necessarily unique, interestingly enough!) works of art, literature, design, music, compilation, etc. Fashion design cannot generally be copyrighted because fashion, ie: clothing, is seen as a necessary item, and it would be contrary to public policy to drive up the cost of clothing. You could make an argument for fashion as art or sculpture, when talking about runway creations that will never be mass produced. It really is funny... I didn't realize how fascinating I found this stuff until I got here.
And to Hannah, other countries (IE: the EU) have much stricter copyright protections for their fashion industries. In the US, it is not illegal to buy a knock-off. In France I believe it is.
Note: it is both illegal and civilly actionable to sell knock-offs here, however.
thanks, OS! i also find this super-interesting. i just spent the last 20 minutes at work reading Counterfeit Chic. awesome that Fordham offers a Fashion Law seminar!definitely going to look into that.
I don't know when we are going to have the class in the future. Professor Scafidi was visiting, and we are trying to get her back! I met her at an event last semester, and she is brilliant.