Creative Goods Within The Fashion Industry Essay

Creative Goods Within The Fashion Industry Essay

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This paper is my conducting of research regarding intellectual properly and protecting creative goods within the fashion industry. My client’s Summer, Jasper and Dak have created a new, innovative high heel design with a signature electric blue sole. The rights for this product will be shared equally between them. They are aiming to promote and sell their product towards female adolescents and young adults between the ages of 14-23. I am certain that this design will be a success within the market, both in New Zealand and internationally. As the manager, I aim to find the most effective method to maximise protection of their product. I have looked at intellectual property both in the New Zealand context as well as relevant international markets. The handbag will be sold on the trio’s upcoming online store.

Copyrighting
Copyright of fashion design has huge limitations of protection, with there being no exact copyright law. Bollier and Racine (2005) explain that there is very limited protection as intellectual property law aims to foster creative freedom, fashion is considered utilitarian therefore protection is limited. If copyrighting was more applicable, there would be limited designs available and minimal opportunity for new innovations, thus restricting future development. Bollier and Racine (2005) add that “creative design is always in flux” (p.9), it is constantly growing and thrives off of similarity from season to season. This is a necessity for the fashion business to grow and allow new designers to succeed. When looking at the general copyright law, Bainbridge states it protects only the expression of the work itself rather than the idea. Creation is not a guarantee of ownership or protection. (source). This enforces m...


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...ng, the designs would be shared with a wider public, thus increasing publicity, recognition and followers which essentially could lead to further circulation as well as encouraging creativity for others.
To apply, Lessig (2004) states that the freedoms wanted must be selected, which is done online at (http:/creativecommons.org). Once a license has been selected, for the trio ‘The Attribution Non-Commercial No Derivative Works License’, it will be produced in a legal code form; a contract setting rights and obligations, as well as a digital code which places the work online (Dusollier, 2006). My trio must specify/identify that their product is under a CC license. As the product will be sold on their website, they must add a CC license notice (“Marking your work with a CC license – CC Wiki,” n.d). It will be important to indicate what rights are and are not covered.

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