Routledge Research in Fashion Law – serie
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6 produkter
6 produkter
Protecting Creativity in Fashion Design
US Laws, EU Design Rights, and Other Dimensions of Protection
Inbunden, Engelska, 2023
1 965 kr
Skickas inom 10-15 vardagar
Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.
Protecting Creativity in Fashion Design
US Laws, EU Design Rights, and Other Dimensions of Protection
Häftad, Engelska, 2023
259 kr
Skickas inom 10-15 vardagar
Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.
1 775 kr
Skickas inom 10-15 vardagar
Artificial intelligence (AI) now infiltrates our culture. After a couple of difficult winters, AI today is a word on everybody’s lips, and it attracts everyone’s attention regardless of whether they are experts or not. From Apple’s Siri to Amazon’s Alexa, Tesla’s auto-driving cars to facial recognition systems in CCTV cameras, Netflix’s film offering services to Google’s search engine, we live in a world of AI goods. The advent of AI-powered technologies increasingly affects people’s lives across the globe. As a tool for productivity and cost-efficiency, AI also shapes our economy and welfare. AI-generated designs and works are becoming more popular. Today, AI technologies can generate several intellectual creations. Fashion is one of the industries that AI can profoundly impact. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric and jewellery designs, and clothing. When we talk about AI-generated designs, we instead focus on the fruits of innovation – more best-selling apparels, more fashionable designs and more fulfilment of customer expectations – without paying heed to who the designer is. Designers invest a lot of talent, time and finances into designing and creating each article of clothing and accessory before they release their work to the public. Pattern drafting is the first and most important step in dressmaking. Designers typically start with a general sketch on paper; add styles, elements and colours; revise and refine everything; and finally deliver their design to dressmakers. AI accelerates this time-consuming and labour-intensive process. Yet the full legal consequences of AI in fashion industry are often forgotten. An AI device’s ability to generate fashion designs raises the question of who will own intellectual property rights over the fashion designs. Will it be the fashion designer who hires or contracts with the AI programmer? Will it be the programmer? Will it be the AI itself? Or will it be a joint work of humans and computers? And who will be liable for infringement deriving from use of third-party material in AI-generated fashion designs?This book explores answers to these questions within the framework of EU design and copyright laws. It also crafts a solution proposal based on a three-step test and model norms, which could be used to unleash the authors, rights holders and infringers around AI-generated fashion designs.
537 kr
Skickas inom 10-15 vardagar
Artificial intelligence (AI) now infiltrates our culture. After a couple of difficult winters, AI today is a word on everybody’s lips, and it attracts everyone’s attention regardless of whether they are experts or not. From Apple’s Siri to Amazon’s Alexa, Tesla’s auto-driving cars to facial recognition systems in CCTV cameras, Netflix’s film offering services to Google’s search engine, we live in a world of AI goods. The advent of AI-powered technologies increasingly affects people’s lives across the globe. As a tool for productivity and cost-efficiency, AI also shapes our economy and welfare. AI-generated designs and works are becoming more popular. Today, AI technologies can generate several intellectual creations. Fashion is one of the industries that AI can profoundly impact. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric and jewellery designs, and clothing. When we talk about AI-generated designs, we instead focus on the fruits of innovation – more best-selling apparels, more fashionable designs and more fulfilment of customer expectations – without paying heed to who the designer is. Designers invest a lot of talent, time and finances into designing and creating each article of clothing and accessory before they release their work to the public. Pattern drafting is the first and most important step in dressmaking. Designers typically start with a general sketch on paper; add styles, elements and colours; revise and refine everything; and finally deliver their design to dressmakers. AI accelerates this time-consuming and labour-intensive process. Yet the full legal consequences of AI in fashion industry are often forgotten. An AI device’s ability to generate fashion designs raises the question of who will own intellectual property rights over the fashion designs. Will it be the fashion designer who hires or contracts with the AI programmer? Will it be the programmer? Will it be the AI itself? Or will it be a joint work of humans and computers? And who will be liable for infringement deriving from use of third-party material in AI-generated fashion designs?This book explores answers to these questions within the framework of EU design and copyright laws. It also crafts a solution proposal based on a three-step test and model norms, which could be used to unleash the authors, rights holders and infringers around AI-generated fashion designs.
1 965 kr
Skickas inom 10-15 vardagar
This book provides an insight into the legal workings of the most ostentatious fashion sector, Couture, whilst simultaneously advocating for stronger legal protection in this industry.Offering an interdisciplinary approach, including art theory from Tolstoy and Rand amongst others, the book examines where Couture fashion sits within the law. Most significantly the book considers the couturier as an ‘artist’ and Couture as ‘art’ in relation to how this art form may be protected legally by copyright. Reflecting on contemporary issues, it analyses recent legal cases together with legislation, to provide awareness on the current position, and considers implications for the future by suggesting legal frameworks in pursuit of improvements. Using U.K. law as a case study, the book also comparatively assesses global fashion law, analysing the legal workings in the E.U. and the U.S.The book will be of interest to researchers in the field of fashion law, copyright law, art, and intellectual property.
714 kr
Skickas inom 10-15 vardagar
This book examines the effectiveness and limitations of existing body image law, and proposes evidence-based regulatory alternatives informed by public health and psychology research.Poor body image affects millions of people worldwide, and, despite the body positivity movement, the pressure on women in Western countries to have smaller bodies continues to cause significant harm to many. This book contributes to improving this, through drawing on evidence from research which outlines the harm excessive social media use and exposure to models with smaller bodies can cause to an individual’s body image. It explores the regulatory efforts of governments in Israel, France and Norway which passed Body Image Laws, and failed attempts to pass bills in this area in Canada, the United Kingdom, Brazil and the United States. This book analyses the outcome of BMI requirements for catwalk fashion models, warning messages on digitally altered images and prosecuting pro-anorexia content creators. It asks why the current forms of body image law do not align with significant findings from public health and psychology. This book offers a compelling, evidence-based overview of body image as it intersects with law. It argues that body image law in its current form is unlikely to be effective and makes suggestions for evidence-based approaches instead.This book will be of interest to researchers concerned with body image and the law as it relates to public health law, social media law and advertising law and anyone who has poor body image, an eating disorder or knows someone who has.