Legal Avenues Of Copy Protection Essay

Legal Avenues Of Copy Protection Essay

Length: 1253 words (3.6 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The Situation
Jasper, Summer and Dak, also known as the Trio, have come up with a design for a new women’s jacket. The jacket is a black, gold studded, floor length garment perfect for the style conscious market of 14-23 year old girls. The jacket will include logo branding and be mass-produced for a wide market. However, the Trio is so wrapped up in their creative process that they need guidance on how to protect their intellectual property.

Intellectual Property
Intellectual Property (IP) is a series of laws that dissuade the replication of another persons work. IP is a term used to describe various legal avenues of copy protection, whether it is copyright or trademarking. However, within the fashion industry serious flaws in the protection of original design exist.

Copyright is a form of legal protection that protects original ideas whilst limiting replication. In New Zealand, copyright is granted automatically to original ideas when put into physical form and covers works of “original literary, dramatic, musical and artistic works, sound recordings, films, communication works and the typographical arrangement of published editions” (Copyright Council of New Zealand, n.d.).

Although a product or idea does not require registration in New Zealand, copyright law protects the work for a time ranging from 25 to 50 years (Copyright Council of New Zealand, n.d.). In its very nature, copyright law encourages innovation and growth. It demands that each idea or original work be a genuine product of the creative being, allowing ease of mind for creative people across the various disciplines included within the creative industry (Bainbridge, 1996).

Whilst copyright on a global scale does not exist, the Protection of Literar...

... middle of paper ...

...ough, 2001).

Not to be confused with functional elements of the product, Trade dress trademarks aren’t as easy to defend. For a trade dress argument to be accepted in court, the creator must prove secondary meaning in order to clearly define its ‘inherent distinctiveness’ (Herzfeld, 2013).

Furthermore, trade dress arguments need to prove that the customer is inherently confused as well as avoiding the argument of functionality when referring to similarities between products. In the case of Henri Bendel Inc vs. Sears, Roebuck and Co., the court analysed the components of a private label cosmetic bag and similar bags sold in Sears department stores. The court held that the Bendel bags were not protectable under trade dress laws because the similarities between the bags – the gold zipper, striped design and plastic coated fabric – were all functional (Blackmon, 2007).

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Is Copy Protection Cracking Ethical? Essay

- Is Copy Protection Cracking Ethical. Introduction There are many types of hackers in the world. One group of hackers focuses on breaking copy protection schemes. Copy protection schemes prevent the illegal copying of software, music, etc. By cracking these schemes, people are then able to use and copy the item without the copy protection preventing or hindering their use. This process is commonly known as cracking and the hackers involved in the process are known as crackers. Cracking is commonly viewed as an illegal act in many countries as it is typically used to steal copies of the copyrighted item....   [tags: Technology Hackers Copyright Essays]

Better Essays
2000 words (5.7 pages)

Copy Protection of Fashion Design is a Futile Exercise Essay

- Fashion is a multi-billion dollar industry that thrives on the capability of people to continuously evolve from one fashion design to another as these clothes images are presented by various fashion houses then improved upon or stylized by other smaller, lesser known fashion makers. It is through this practice of taking the design of one and re-imagining it that the fashion industry in America manages to thrive and exist even during times of depression. People after all need clothes that look good and fashionable in one way or another in order to feel good about themselves....   [tags: Fashion ]

Better Essays
1368 words (3.9 pages)

Essay on Legal Aspects of Fire Protection

- ... The Mutual Aid Agreement Act provides a law that is applicable to all fire departments in Tennessee who receive public funding and a law that changes mutual aid agreements for all emergency services providers in the state (University of Tennessee Institute for Public Service, 2004). To reduce liability and streamline the process of mutual aid agreements fire departments in Tennessee will utilize the provisions of the Mutual Aid Agreement Act. The act provides a mutual aid agreement for all emergency services agencies within the state and assigns the responsibility of items such as cost, insurance, liability, damages, billing, and staffing as deemed appropriate within the law (University...   [tags: legal issues, fire services, business]

Better Essays
1182 words (3.4 pages)

Essay about The Legal Profession: One Career, Many Avenues

- ... A prospective Barrister must first complete the academic stage of their legal education by obtaining a qualifying law degree (The Law Society of England and Wales). However, instead of obtaining a formal law degree, the student may undertake a one-year law conversion course, now known as a Graduate Diploma in Law (GDL), so long as he has initially graduated in a subject other than law. From this juncture the student joins one of the Inns of Court and takes the Bar Professional Training Course (BPTC) at one of the accredited providers (The Law Society of England and Wales)....   [tags: career choices, opportunities]

Better Essays
1329 words (3.8 pages)

Copy Protection And The Drm Essay

- Piracy of digital information today is a huge problem. However, an even bigger problem is the way that the government and private companies react to it. Private companies make the problem even worse by making over-protective software secutiy systems that also limit our freedom. The government even takes these laws so seriously as to arrest innocent people. Piracy itself is a problem, but even worse is the way it is being handled. Software piracy leads to many companies becoming over-protective about their software and they hire companies like SecuROM, Sony BMG and Starforce....   [tags: Copyright Digital Rights]

Free Essays
1002 words (2.9 pages)

The Protection of Semiconductor Chip Products Essay

- My paper was written on Protection of Semiconductor Chip Products, which is Chapter 9 of the U.S. Copyright law. The Protection of Semiconductor Chip Products was created in order to protect semiconductor company’s product research and development. However, it has been used in many court case examples including those that are not semiconductors, but simply software or hardware related. Under the protection, the owner has a right to reproduce, distribute, import, or knowingly cause another person to do such acts....   [tags: reverse engineer, copy right law, copying]

Better Essays
871 words (2.5 pages)

The Movement for Legal Protection for the Disable Essay

- Introduction On college campuses throughout the country there are many subgroups that can be identified as minorities. A growing and more recently recognized minority is that of students with learning disabilities. As defined by the Learning Disability Association of America, a learning disability is “a neurological condition that interferes with an individual’s ability to store, process and produce information.” Institutions must follow specific laws and regulations in place to ensure that the rights of individuals with learning disabilities are upheld....   [tags: minorities, rehabilitation, subgroups]

Better Essays
2266 words (6.5 pages)

Legal Aspects of Fire Protection Essay

- ... 689). The key phrase occurs within the very first word, congress. Congress has passed no law prohibiting the expression of free speech on social networking sites; however when photos or words are viewed as inappropriate and damaging to others, grounds for legal recourse may exist. A legal opinion on a social networking site may be viewed favorably, as was the case in Hampton, Virginia, where a sheriff’s department employee was terminated for “liking” his boss’s opponent during a recent election (Knibbs, 2013)....   [tags: social, media, image, public]

Better Essays
582 words (1.7 pages)

Essay on Protection In Literature and Life

- Protect (v): to guard or shield from attack or injury. In many pieces of literature, and in many life tales, the concept of protection is a common value. In the ancient Greek myth of Demeter and Persephone, Demeter tries to protect her daughter, Persephone, when she is kidnapped by Hades. In the Jewish story of the escape from Egyptian slavery, God sent many plagues to protect his people from the torture of the king. However, people haven’t stopped protecting one another in modern day. In my own life, my sister rushed to my protection when I fell in a small river at the age of two....   [tags: Protection]

Better Essays
537 words (1.5 pages)

Jurisdiction of consumer protection Essay

- Content This assignment will deal with jurisdiction of consumer protection in the European Union. For the simplicity, the assignment will be divided in few paragraphs that will explain what consumer protection is, what is consumer protection in the European Union, which jurisdiction rules and governs consumer protection issues in EU and national laws of the two Member States, for the comparison – Republic of Croatia and United Kingdom. Introduction Consumer is a person who purchases goods and services....   [tags: EU, ECIM, consumer protection]

Better Essays
1629 words (4.7 pages)