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judy smith Sep 2016
In light of the recent flood of indie designers coming forth to call foul on fast fashion retailers for copying their designs (paired with a few not-so-fast fashion brands, which have been called out for copying, as well), a common question seems to be: Why is this ok? In particular, why is it perfectly acceptable for Zara to copy these designers’ work? How is this practice legal?

Well, put simply, copyright law is not necessarily a friend to fashion in the United States. This is a blanket statement, of course, but it bears quite a bit of truth, nonetheless. Since copyright law, the sect of intellectual property law that protects "original works of authorship,” such as books, paintings, sculptures, and songs, does not protect useful things, such as clothing and accessories, it provides little protection for those things in their entirety. Creative elements of a design that can be separated from the functional elements are subject to protection, which is why elements of a garment, such as a print that covers it, may be protected (as Pictorial, Graphic or Sculptural Works). This protection-by-separation method, however, does little to ward off copiers.

Moreover, unlike in most cases of the copying of garments, the copying of original jewelry designs often tends to give rise to legal ramifications as jewelry is afforded greater copyright protection in its entirety than garments are. However, as evidenced by Nasty Gal’s continuous sale of infringing jewelry designs, for instance, this also does little to deter copycats.

Other forms of intellectual property protection (think: trademark and patent protection) arguably are not ideal for fashion designs either. Trademark law only protects a designer’s name or logo – with some exceptions under the doctrine of trade dress which are relatively rare. Patent protection – namely, by way of design patents – is not terribly useful for designers because it is expensive (patent protection costs thousands of dollars to achieve) and takes a relatively long time (upwards of one year) to obtain. That’s simply too long for most fashion brands, whose business models depend on trends and season-specific wares. Taken together, this is why fast fashion retailers make hundreds of millions of dollars by copying high fashion designs and only are very rarely sued – let alone penalized – for doing so.

It is worth noting that this is not the case in other countries – namely, in the countries of the U.S.’s international fashion competitors. Copyright protection in the UK is not terribly dissimilar from that in the United States. However, the European Designs Directive introduced a unified system of industrial design rights for both registered and unregistered designs throughout the European Union. This allows for the protection of garments and accessories in their entirety.

Due to its history as the home of innovation in terms of high fashion, it is not surprising that France enjoys the most extensive and longstanding legal rights in connection with fashion designs. The country’s copyright system provides protection for garments and accessories. The same type of protection also applies to Italian designs.

So, it is within these loopholes that retailers like Zara, Forever 21, H&M;, and the like can operate legally (for the most part) and profit from the designs of others.Read more at:http://www.marieaustralia.com/bridesmaid-dresses | www.marieaustralia.com/****-formal-dresses
Bullet  Mar 2020
Burning Green
Bullet Mar 2020
5’s , 10’s , 20’s all belonging to the air        
Moving alive, green presidents
Moving alive, pushing brown caskets
The ground isn’t sliding, but the heat is hitting
Providing the leak printing keeps it clean
Draw it, light it so the copiers’ drain sink doesn’t sit with it in
The inner me has a beam of destiny in pink sour mix ink
Watching the lemonade pour out sweet ****
Declining markets are on the line with the paid growing cuz the business is moving the lemons into lime trees
Bushes be on fire **** that’s where the horse leads b
Wk kortas Feb 2017
We’d made things once, things of substance:
Copiers, straight-sixes for Chevelles, Novas, Impalas,
And tons of film, of course, loaded into tiny Instamatics
Which accompanied us to everywhere and everything
(Unless they mystifyingly scampered away from pocket or purse,
In which case we drove, cursing and volleying blame to and fro,
Fifteen, twenty, maybe more miles to retrieve them
From the kitchen table or back of the toilet)
To document births and baptisms and weddings,
The in-betweens and hereafters,
(Renderings of children and dogs
Sitting under trees with blossoms of pink and red
The blooms implausibly bright, child and beast stolid yet smiling,
Or tableaus of tux-clad cousins and brothers,
Squinting blankly in the aftermath of a visual right-cross
Courtesy of the supernova-esque emanation
From the blue cube perched on the camera’s top)
So they would not be victims of the vagaries of memory.

All of that is gone--no, taken--from us now,
The means of production having embarked for Memphis or Mumbai,
Those things which sustained us now simply vestigial curiosities,
Like hand-cranked presses or ancient milking machines
We’d tittered at on long-ago school field trips.
The march of time and technology, to be fair,
But it has left us obsolescent as well,
Stranding us without context or clarity,
With access to neither advance or retreat
(The old photographs simply mock us now,
The red-eyed images fading to the soft tones
Of a rose at the end of its summer,
The name of the third man on the left,
Who’d worked on the line with us nearly three full decades,
Refusing to be conjured out of the thin air)
Leaving us diffuse and unordered
As the old and cracked negatives
Stuffed higgledy-piggledy between old snapshots
In an enveloped at the back of an old file drawer.
preservationman Jul 2023
Marvelous
Magnificent
Built strong
Long Lasting
It’s not a home closet
It could be a walk in
But it is only how you enter
It’s actually an Office Building Skyscraper in New York City
The address is 550 Madison Avenue
Has many corporate tenants
Employees of all kinds
What makes it distinct?
The top and structure forming an arch like a closet
It is distinguished
All you have to do is look directly up
Then you would understand
The Tall Closet
Storage of Printers, Computers, Copiers, Employees and Facilities Operations accessories
People make up the fixtures
No wardrobe being only what is worn to work
Lots of room
Housekeeping brooms
The building is always kept neat
No clutter
The building that can’t be beat
A Tall Closet standing on the street
What could be so neat.

— The End —