Copyright Protection For Fashion Design Cultural Studies Essay

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IPrefers toa group ofseparate intangible propertyrights, includingtrademarks, patents,copyright,design rights, plant variety protection rights andthe layout design ofintegrated circuits. Intellectual property rightsforthe importance ofour daily lives: clothingbrand,newspaper articles, television programs, pop music, film andfashion design, etc., are related tointellectual property.

Why isthisimportant toprotect intellectual property rights?

Protection of intellectual propertyprotection of humancreativity.We need to protectwriters, artists, designers, softwareprogrammers, inventors and otherprofessionalsin theefforttocreate anenvironment wherethepeople canshow their creativityandbe rewardedforhard work.

For the creative world. Ip law protect film production, television production, audio production, books, jewelry and graphic design, fashion.

What is intellectual property protection?

Not all ideas, inventions or creations are protected. For example, to balance the rights of people and the community as a whole, a drug invented by the patent registration can be protected, but to treat a particular disease, therapy is not. In addition, without the consent of the cartoon character for a particular product is an illegal act.

Chapter 2

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I will be intro what is copyright?

What things are covered by copyright?

Virtually anything that is written, recorded in any form, or anything that can be made by a human being.

"Overview of Copyright Protection in fashion design, " a brief introduction to the general knowledge of fashion design and the basis of the basic principles of copyright law, through the use of induction, deduction, and comparative analysis methods such as combing the domestic and international copyright laws and international conventions related to the design of clothing Protect the status quo, pointing out that copyright protection of fashion design problems.

These sections which I'm going to look at:

Copyright Explained - Ceri L. Delemore

1.02 Concise Oxford Dictionary of Current English defines copyright as 'the exclusive legal right granted for a specified period to an author, designer, film or record original literary, artistic, or musical material…'

1.03 Put at its simplest, copyright means the right to copy and, by implication, the right to stop others copying.

1.09 Copyright, Designs and Patents Act 1988, CDPA was the result of major overhaul of U.K copyright law.

Copyright, Designs and Patents Act 1988

1 Copyright and copyright

(1) Copyright is a property right which subsists in accordance with this Part in the following descriptions of work -

(a) original literary, dramatic, musical or artistic works,

(b) sound recordings, films [F1or broadcasts], and

(c) the typographical arrangement of published editions.

Section 4 Artistic works

(1) In this Part "artistic work" means -

(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality,

(b) A work of architecture being a building or a model for a building.

(c) A work of artistic craftsmanship.

(2)"graphic work" includes:

(a)any painting, drawing, diagram, map, chart or plan, and

(b)any engraving, etching, lithograph, woodcut or similar work

"photograph" means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film

"sculpture" includes a cast or model made for purposes of sculpture.

Section 51 Design documents and models.

(1) It is not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design or to copy an article made to the design.

(2) Nor is it an infringement of the copyright to issue to the public, or include in a film [F1or communicate to the public], anything the making of which was, by virtue of subsection (1), not an infringement of that copyright.

(3) In this section

"design" means the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article, other than surface decoration; and "design document" means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise.

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(2)In this Part "copyright work" means a work of any of those descriptions in which copyright subsists.

(3)Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met.

The idea behind copyright is rooted in certain fundamental idea about creativity and possession. Coupled with this is the idea that the person creating something has exclusive rights over the thing created.

Section 52 Effect of exploitation of design derived from artistic work.

(1) This section applies where an artistic work has been exploited, by or with the licence of the copyright owner, by-

(a) making by an industrial process articles falling to be treated for the purposes of this Part as copies of the work, and

(b) Marketing such articles, in the United Kingdom or elsewhere.

(2) After the end of the period of 25 years from the end of the calendar year in which such articles are first marketed, the work may be copied by making articles of any description, or doing anything for the purpose of making articles of any description, and anything may be done in relation to articles so made, without infringing copyright in the work.

(3)Where only part of an artistic work is exploited as mentioned in subsection (1), subsection (2) applies only in relation to that part.

(4)The Secretary of State may by order make provision:

(a) As to the circumstances in which an article, or any description of article, is to be regarded for the purposes of this section as made by an industrial process;

(b) Excluding from the operation of this section such articles of a primarily literary or artistic character as he thinks fit.

(5) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section -

(a) References to articles do not include films; and

(b) References to the marketing of an article are to its being sold or let for hire or offered or exposed for sale or hire.

53 Things done in reliance on registration of design.

(1) The copyright in an artistic work is not infringed by anything done -

(a) in pursuance of an assignment or licence made or granted by a person registered under the M1Registered Designs Act 1949 as the proprietor of a corresponding design, and

(b) in good faith in reliance on the registration and without notice of any proceedings for the cancellation [F2or invalidation] of the registration or for rectifying the relevant entry in the register of designs;and this is so notwithstanding that the person registered as the proprietor was not the proprietor of the design for the purposes of the 1949 Act.

(2)In subsection (1) a "corresponding design", in relation to an artistic work, means a design within the meaning of the 1949 Act which if applied to an article would produce something which would be treated for the purposes of this Part as a copy of the artistic work.

Why the copyright protection of fashion design is important for the company and designers?

"The copyright protection of fashion design, " around the full protection of copyright law to works of fashion design, fashion design work focuses on the scope of protection, costume design and protected property of the work methods and deadlines.

Chapter 3

Some case of law on design rights and fake goods.

1.The Irish High Court has recently given a landmark decision concerning Council Regulation (EC) 6/2002 (the Regulation) which protects Community design rights. This decision generated much interest in Ireland as there is little case law here concerning unregistered design rights and the interpretation of the Regulation. Fashion designer Karen Millen (KM) alleged that Dunnes Stores (Dunnes) had copied two shirts and a knit top from its collection and had manufactured these for sale. Dunnes did not deny that its top and shirts were produced by copying KM's designs and claimed that copying a design is not necessarily unlawful it depends on whether there exists a legally protected right to the first design which is infringed by the copying. As the design right was not registered, in order to be protected KM had to establish a valid unregistered design right to prove that the Dunnes clothes were unauthorized copies. Unregistered Community design rights are a particularly suitable form of rights protection for industries (such as fashion) where the life of a design is short, where there is a high turnover and where protection by registration may be neither feasible nor necessary (a registered design can be protected for up to 25 years). While both registered and unregistered design rights confer on the right holder a right to exclusive use, an unregistered design right only permits the right holder to prevent use that results from copying the design.

2.Topshop ordered to destroy dresses 'copied from Chloe design'

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A lemon yellow dungaree dress has sparked the latest battle between haute couture and the high street, and not for its crime against good fashion.

The high-street chain Topshop was forced to destroy almost 2,000 dresses and pay thousands of pounds in legal costs, after being accused of copying the dress from the designer Chloé. It is the latest in a string of cases that have seen fashion houses hit back at high-street copycats.

Chloé is not the only fashion house to take action against copycat designs. The exclusive shoemakers Jimmy Choo had similar problems with imitations of its handbags and shoes cropping up on the high street, and forced Marks & Spencer and New Look to destroy stock that bore too close a resemblance.

Costume design patent copyright and the relationship between design and coordination, " focuses on patent law have been in the design of protective clothing under the conditions of the protection of copyright law issues overlap. In the design of clothing and fashion design patent protection status of copyright and design patent for differences between the basis of the analysis, pointed out that the costume design copyright and design patent is the overlap between the cross but not the conflict between the dual Costume design helps improve protection of intellectual property protection

Chapter 4

Is copyright valuable in terms of money?

Protection of intellectual property and Copyright protection of human creativity. We need to protect writers, artists, designers, software programmers, inventors and other professionals in the effort to create an environment where the people can show their creativity and be rewarded for hard work. Ensure that they can in a free and fair environment for business.