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Raustiala, Kal and Sprigman, Chris,The Piracy Paradox: Innovation and Intellectual Property in Fashion Design. Virginia Law Review, Vol. 92, p. 1687, 2006; UCLA School of Law Research Paper No. 06-04.

This paper is extremely informative in that it addresses both sides of fashion copyright, whereas most other papers point out only one side of the argument. Moreover, it explores the question of why other major industries have obtained and used powerful IP protections for their products, while the fashion industry is for the most part still ineffective yet very economically successful. First, the paper argues that there should be an effective copyright on fashion because it protects the designers' creativity. However, it also argues that a weak IP actually helps the fashion industry in its innovation. Specifically, the terms "induced obsolescence" and "anchoring" are mentioned to explain that copying is actually beneficial for the fashion industry and in fact promotes fashion.

I will be able to refer to this article a great deal when writing my own paper because it explains how the fashion industry’s piracy paradox works and explores how copying plays an important role in the fashion industry’s innovation cycle. It also gives an ample of amount of history about fashion copyright, which is very important for my paper. Finally, it will help me to support my thesis because it talks about both sides of the argument. Therefore, in my paper, I will be able to address both sides of the fashion copyright problem and give reliable information to support either side, although ultimately, I will acknowledge that there should not be a fashion copyright.

Raustiala, Kal and Sprigman, Chris "The Piracy Paradox: Innovation and Intellectual Property in Fashion Design." Virginia Law Review, Vol. 92, p. 1687, 2006; UCLA School of Law Research Paper No. 06-04. http://ssrn.com/abstract=878401

This detailed article is an in depth view of both sides of the fashion copyright debate. Rather than simply looking at and supporting only one viewpoint on this controversial issue, the authors address both angles to the fashion copyright controversy. They then proceed to prove why support of low IP protection is the better choice despite arguments made in support of fashion copyright laws. This article describes the fashion industry as unique since it continually produces original content while its main creative element remains outside of copyright protection. This appears to condradict the theory of IP rights which claims that copying, which is rampant in the fashion industry, smothers the incentive for innovation. The article then presents the reader with the two overarching arguments. The argument for increased copyright protection within the fashion industry is more of a moral rights claim. This side claims the lack of current fashion design protection is an injustice to the immense creativity put into the creation of apparel. The other side looks at the unique nature of the fashion industry. They claim copying drives the cycle that makes fashion such a thriving, innovative industry. The article then proceeds to delve into past attempts at copyright protection for fashion. One failed attempt was made by the Fashion Originators' Guild of America: they made a deal between designers and retailers to refuse the sale of any copied apparel and boycotted any member of the guild who violated this rule. Since clothing and apparel are considered utilitarian objects, copyright should not apply to fashion design. Patents and trade dress also are not effective methods of protecting copyright. Although trademark is used by designers, it can only be used to protect names and logos, not entire designs. Therefore, bills like HR 5055 are suggested by groups like the CFDA. One of the main concepts of this paper is how induced obsolescene and the positional nature of apparel drive the fashion cycle, which would be incredibly slow and ineffective without copying. In addition, Raustiala and Sprigman explain how free appropriation helps to anchor trends in the industry. So, they conclude that due to induced obsolescene and anchoring of trends, the fashion industry has remained stable despite rampant copying. Finally, the authors address the copyright system in the European Union and how even with protection laws, very few design infringment cases come to court. Additionally, due to the litigious culture of the United States, copyright protection in the US would simply flood the courts with unnecessary cases and reduce innovation due to fear of suit.

This article is of extreme importance to any research regarding the issue of fashion copyright. The article is unique among other scholarly works on this issue in that rather than just delving into one side of the debate, the authors address the arguments on both sides of this fashion copyright war. This is an extremely useful method and structure since it provides the reader with insight into both arguments. However, the article is then strengthened by analyses of both arguments and subsequent counterarguments against those supporting fashion copyright. Since my topic revolves around whether fashion copyright should be enacted or not, having both argments laid out within one coherent paper is extremely beneficial. The paper also looks at previous attempts at fashion copyright. This is important in building the history and basis of design protection in my paper and why these laws should not be enacted in the present day. This article is very important in building the foundation of my argument.

The research paper addresses the anomaly that is the fashion industry, where creative goods are produced without the intellectual property protection enjoyed by most other industries in the United States. Though reproductions of original haute-couture designs by mass apparel producers are common, thriving competitive creativity continues to drive the successful fashion market, thus upheavals due to lack of copyright protection are rare within the fashion community. The Piracy Paradox argues that the fashion industry “counter-intuitively operates within a low intellectual property equilibrium” where copying actually promotes rather than discourages innovation. First, the fashion industry and its dynamics are detailed in order to understand exactly how the recreations are produced. The paper then discusses the two fundamental parts of the piracy paradox: induced obsolescence and copying, which both suggest that copying promotes the status-conferring power of fashion. Lastly, the paper discusses how this model can be applied to the relationship between copyright and innovation in other industries.

"The Piracy Paradox" is a main anchor of research that will be utilized as support for my thesis. This research paper is of the most extensive documents available on the subject of fashion and copyright. The research paper meticulously details how the system functions and flourishes despite lack of protection for intellectual property, which in this case is the fashion design. Because much of the material in other references regarding copyright and fashion have been influenced by this research paper, it is necessary to include this document in my analysis of the matter as a firsthand account.

Raustiala, Kal and Christopher Sprigman. The Piracy Paradox: Innovation and Intellectual Property in Fashion Design. Research Paper No. 06-04.     UCLA School of Law. January 2006. http://ssrn.com/abstract=878401.

The piracy paradox includes discussion on the “innovation and intellectual property in fashion design.” The piracy paradox essay is the most recent document expanding on the issue of fashion protection. While other articles in the past have brought up one side of the debate, mainly the importance of changing existing laws to protect fashion designs, this article goes into great depth about both sides of the argument.  The fashion industry’s principle creative element is outside the domain of IP law. This article asks a very important question, “Why is copying in the fashion industry treated so differently from copying in other creative industries?” The author goes on to argue that copyright fails to deter innovation in the fashion industry because copying is not harmful to originators. Also, it explains how copyright functions as an important element of the apparel industry’s “swift cycle of innovation.” Another question answered is to what degree are IP rights necessary in particular industries to induce investment in innovation?  The article is divided into three parts which include: a brief overview of the apparel industry, induced obsolescence and anchoring, and lastly, the broader implications of the fashion case.

Designs are frequently copied by retailers, such as H&M, which offers cheap copies of expensive fashion. Copying isn’t limited to retailers; magazines continually show examples of “splurge vs. steal” outfits. Also, copying is not limited to fashion as well, art, music, dance, and film are copied all the time but there are protections in place to protect an author’s work. The article talks about the new technologies which allow for the faster replication of fashion designs which leads to the swift cycle of innovation. Designers have to create new works at an even quicker pace nowadays to keep up with the current trends and create new trends in which people will want to buy. Even though the fashion industry has remained unaffected by the lack of protection, there is a standard IP theory which predicts that extensive copying will eventually destroy the incentive for innovation. This is one of the reasons lawmakers have been pushing to create some form of fashion design protection recently. This article is a great source for current, up-to-date information about the fashion piracy debate. Many important issues are brought up including, moving forward with fashion, the positive and negative impacts of fashion piracy protection, all of which are useful for my final paper in discussing what is the best method of protection and is it a viable solution. The explanation of the place of IP protection in fashion design and instances where copyright protection will beneficial is relevant to my final paper. This paper is defines the different processes in the fashion world and helps to clarify the important roles played in the one-day inclusion of fashion design into copyright legislature.

Raustiala, Kal and Christopher Sprigman. The Piracy Paradox: Innovation and Intellectual Property in Fashion Design. Research Paper No. 06-04.     UCLA School of Law. January 2006. http://ssrn.com/abstract=878401.

This long paper was written by Karl Raustiala and Christopher Sprigman. Ninety pages in its entirety, it is a thesis on IP law and Fashion Design. This paper is perhaps the most important piece on IP and Fashion Design to come out recently. The essay opens with a strong paragraph, the authors write the following.

"Advocates
for strong intellectual property (IP) protections note that scientific and technological
innovations, as well as music, books, and other literary and artistic works, are often
difficult to create but easy to copy. Absent IP rights, they argue, copyists will free-ride
on the efforts of creators, discouraging future investments in new inventions and
creations. In short, copying stifles innovation."

This idea that "copying stifles innovation," is not new and not only limited to Fashion Design. The same proverb applies neatly to writing, music, art, dance, film, anything that stirs the creative. The authors continue and say though trademarks are well protected, copying of designs are everywhere. The fact that the fashion design industry continues to put out new designs and accessories at an incredibly fast pace and seem unaffected by the copying defies what the authors call "standard IP theory." " The standard theory of IP rights predicts that extensive copying will destroy the incentive for new innovation. Yet, fashion firms continue to innovate at a rapid clip, precisely the opposite behavior of that predicted by the standard theory."

The sources cited in the paper are both common and uncommon, clearly related to fashion design and copyright while others take a more general role in explaining the place of public domain and free thoughts. The paper also shoes some pictures of examples of what would be copyright infringement and how it differs from trademarks. The authors continue to explain thoroughly the place of IP in fashion design and instances where copyright protection would have been beneficial. The paper also plays its own devil's advocate, denyin it of copyright protection, claiming, if the fashion design industry is so profitable now, why protect it? The continue and talk about the fashion cycle, the thought process to the pen, the pen to the paper, the paper to the catwalk, and then to closets around the world.

They come to a close, discussing how can fashion not be ubiquitious when all magazines do is analyze what is the hottest boot this season or the way to wear layers without looking like you are in hiding. "Indeed, IP law fails to protect the
core of fashion, the design. Despite this lack of protection, the fashion industry continues
to create new designs on a regular basis. The lack of copyright protection for fashion
designs has not deterred investment in the industry. Nor has it reduced innovation in
designs, which are plentiful each season. Fashion plainly provides an interesting and
important challenge to IP orthodoxy."

This paper is incredibly important to anyone researching copryight in any medium. Incredibly well written and supported clearly with pertinent sources, the paper helps to explain why the lack of IP protection in certain areas exists and how, if ever, fashion could be protected by IP law. The paper is very important as support for my thesis. It talks about the fashion-knockoff cycle and the inability to draw the line between piracy and authenticity. This paper is heavy on defining different processes in the fashion world and helps to clarify the important role processes play in the one-day inclusion of fashion design into copyright legislature.