Wednesday, December 17, 1997
Kate Kelly
kkelly@venlaw.com
Before completing the first page of A Design for the Copyright of Fashion, the question came to mind, "If haute couture became copyrightable, where would clothing designs for 'the little people' come from?

The lack of copyrightability does, in fact, "encourage the theft and reproduction of garment designs," allowing "the valuable creations of designers" to be copied, and, make garments, "albeit of much lower quality, potentially available to consumer of (gasp) every income level." (Emphasis added.) I would like to know which countries allow the copyrighting of garment design. Then I would like to see a study of the relative expense of "un-copyrighted" clothing that is available to the average consumer. If my art history serves me right, "all art is derivative." Obviously, the lesser expensive, "stolen" designs are not of the same quality, much the same as a reproduction of a famous work of art is not the same as the original. There is a disturbing, »litist tone to this argument for design copyright of fashion design which goes far beyond the issue of wearable art.

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