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Fashion Industry Piracy
By admins | May 19, 2009
Yes, we’re talking piracy here, not like Somolian pirates more like, “Forever21 stop copying my shit” piracy. That’s basically what designers everywhere have been saying for some time now. The efforts by many fashion designers, along with the CFDA, have been pushing for the end to knockoffs. Recently this movement to stop copycats has moved forward towards actual legislation. The bill called The Design Piracy Prohibition Act was brought before Congress last month. Several designers including Jason Wu, Narciso Rodriguez, Maria Cornejo, and Thakoon Panichgul traveled to Washington DC to lobby in support of the bill.
As we have discussed before, since fashion is clothing and legally considered a “useful article” it is not eligible for copyright protection. This new bill would allow fashion designs copyright protection for a three year term. We love the idea of putting a stop to all the blatant copycat designs out there; however we are a bit concerned as to what would be deemed infringement (So if I copyright a v-neck t shirt first, can I sue the GAP? Sweet!). Part of this bill mandates that a searchable database of designs be maintained by the US Office of Copyrights. Can you imagine all of the paperwork and red-tape involved every time you design a new style, just to insure you won’t be sued? Or having to search a database of hundreds of thousands of designs to make sure that your original idea doesn’t look “legally” similar to someone else’s? Still there’s definitely merit to the concept of this bill as Stephen Kolb executive director of the CFDA said, “Original design ideas are as much intellectual property to a designer as lyrics and notes are to a musician. Without protection the very foundation of their business is at risk.”
One of the largest challenges in regulating fashion design is where to draw the line between “knocking off” versus “inspired by”. Clearly, the “Louis Vuitton” and “Chanel bags” sold on Canal Street are blatant counterfeit pieces and are in fact illegal. Should not, the ABS gowns that are lower priced knockoffs of designer red carpet gowns not be held to the same standard? However, we strongly believe inspired by fashion should not be included in this category. For example, not everyone can afford a $1800 Stella McCartney silk jumpsuit, but should H & M be penalized for doing a similar cotton jersey jumpsuit? If an item is a hot trend, say this year’s jumpsuit, think of how many variations different brands and designers will come up with and in the process will unintentionally knock each other off. This is most likely the reason the original bill did not pass in Congress last month. Thankfully the bill has been revised and rephrased to “ban closely and substantially similar designs.”
One of the best things about the Design Piracy Prohibition Act is, it will put a stop to Forever 21’s blatant and excessive fashion thievery. In the last 3 ½ years they have been faced with more than 50 copyright lawsuits. Currently they are being sued by Anthropology for copyright infringement and it seems this time there is documented proof linking them to the purchasing of the infringed garments. One of our regular contributors has her own story to share with us on this, “A few years ago, I was job hunting and replied to an ad for a fashion forward juniors designer. The interview went well and I got called back a second time. At this point the VP explained to me they do a lot of designing and supplying for Charlotte Ruse and Forever 21. They then asked, if I was okay with a lot of Europe and Far East travel, I asked how much is a lot? They explained at least 2-3 weeks a month! I must have looked confused and I thought, how could I get any designing done with so much travel? They explained, their ‘designers’ would shop the NYC market then the European market and then would hand carry all shopping trip samples on a flight directly to their factories in China. The designer would then stay in China to oversee the beginning of production! So there was actually no designing, no sketching, and no techpacking. It was straight up knocking off. Needless to say, I left and never returned their calls again.” Between Forever 21’s copycat fashion and their sweatshop factories, we implore our readers to stop shopping there.
Hopefully the newer and more liberal bill will pass in congress this time. Designers need some form of copyright protection just like any other artist does. Let us not forget that copying can work both ways as well. Diane von Furstenberg, a strong advocate of this bill, was herself recently found guilty of this. She just paid an undisclosed sum to the Canadian label Mercy, for knocking off one of their jackets. Tighter regulations will help keep us all honest and we truly believe there is a feasible way to do this. Europe’s fashion industry had similar regulations in place for years and is often the case perhaps we’re just a bit behind them!
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Topics: designers, fashion industry | 35 Comments » 
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May 20th, 2009 at 12:18 pm
I see your point, but I am going to play devil’s advocate here – mainly because I really disagree with passing this legislation. Do you have any idea what this would do to, not only the American job market and some American businesses, but the division of wealth and status in this country? I understand passing the legislation doesn’t mean retailers like Forever 21 will go out of business, but designer inspired fashion is all they do and it’s why they make a ridiculous amount of money every single day. Teenage girls flock to that store to find something that looks like what they saw in a magazine but can’t afford. If Forever 21 were no longer allowed to produce designer knock off pieces, then the division of wealth in this country would be extremely apparent, as only those who are able to afford designer pieces could wear anything that looks like the original thing. It would be like creating an entirely new class of royalty and wealth. I mean, what’s the point of designer fashion if it isn’t allowed to inspire? There would be no point – no need for runway shows or press (because the mere commoners wouldn’t be able to afford the stuff anyway and stores like Forever 21 wouldn’t be able to imitate the design so why bother showing everyone what the collection consists of). It would just be a slippery slope. I think passing this legislation would affect the country in more ways than we realize. Teenage girls love the designs of Betsey Johnson…but only a handful can afford them. So does that mean that the girls who can’t afford them can’t have a dress that looks like one? Well that’s not really fair. And it’s not only Forever 21 who copies designs…the beloved TARGET has almost carbon copies of stuff, too…tons of stores do.
Maybe the high end designers need to think about ways to make their pieces more accessible to the rest of the country instead of excluding the vast majority of it. It’s cliche, I know, but the economy is in the crapper and this is THE worst time to pass something like this. Come on.
May 20th, 2009 at 2:28 pm
I’m with the ladies here, its about damn time our industry had some regulations. Now how far they should go is another matter, since the majority of apparel is not “designer” wear and is inspired by.
Erica- I think they are making the same point as you about allowing inspired by pieces and keeping fashion accessible to everyone.
Also having designed product for a Target brand I can tell you there is a great difference between knocking off (copying pattern, fabric, color, graphic and style) versus inspired by (similar style/color)
May 20th, 2009 at 4:35 pm
Hmm. I’m awful at debating – I get convinced of the other side’s point too easily.
May 20th, 2009 at 6:22 pm
Great post, very thought provoking. It’s time for design to receive some legal protection. It’ll be interesting to see what congress does with this bill. I like the idea but its a fine line to walk. This will NOT drive companies out of business if done right, there are similar laws overseas and yet H&M and Topshop are still legal and profitable! There is a place for lower end product and inspired by product but there is no excuse for stealing. Coming up with your own idea or putting a twist on an original does not cost more, the argument that stealing is ok because thats the only way to produce affordable clothing is ridiculous!
May 20th, 2009 at 7:22 pm
I disagree with copying, and I hate hate hate forever 21 for blatently knocking designers off. However, I don’t agree with this law. The whole business about having to register each design in a legal database means that small design companies would have to hire lawers to handle all of this red tape and paperwork. Which they don’t have the money for. It’s going to put a lot of the innovative designers out of business.
Or small designers will just bypass the registration in an effort to save money, then DVF or Forever 21 or whoever will go copyright the design first, and then sue the independent designer. Honestly, this only protects the companies with the money, no good can come of it. If you also disagree with this law please sign the petition: http://www.petitiononline.com/hr2196/petition.html
May 21st, 2009 at 6:02 am
Hmm, I’m kinda hesitant about this sort of legislation. How do they draw the line between desinger inspired and copycat items? Will I no longer be able to afford the clothes I love and want?
Indeed, is this further defining the gap between rich and poor, and deciding that only the rich can wear the beautiful pieces?
May 21st, 2009 at 7:58 am
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May 21st, 2009 at 8:05 am
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May 21st, 2009 at 8:08 am
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May 21st, 2009 at 10:10 am
Please consider reading this article.
http://www.fashion-incubator.com/archive/proposed-law-to-destroy-90-of-design-businesses/
Thank you.
May 21st, 2009 at 10:34 am
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May 21st, 2009 at 11:10 am
Well, I think I’m in a unique position here having designed for a large company (Gap Inc -Old Navy division) long ago and now an idie designer of my own label, I’m excited about the prospect of copyright protection.
I strongly disagree with with JM’s comment that this will harm small business. It is actually the large companies from Wal-mart to H&M that knock-off smaller designers most often and if people are out for a lawsuit thats who they’ll go after. Further you are incorrect about HAVING to register every design, you do not have to, it is an option. A smaller designer if they don’t want to be bother doesn’t have to but they are still protected as long as they do not replicate garments. And if you are sued all you have to do is show proof that your design is original, ie original sketch, pattern, etc.. the usual development stuff that any professional should have a record of any way. Also I don’t like the idea that as a smaller indie designer we must only be copying the big boys to be profitable. I have no problem coming up with original design for my own line or doing “related” trend design for Old Navy back in the day but I would never do a knockoff, its just wrong! Finally the petition seems dated to me, and more related to the last version of the bill, plus it incorrectly states that 86% of indie designers disagree with this bill based on one website poll which is really just 86% of their readers. The petition is very generic and is a blanket statement against any protection, frankly if a designer can’t come up with a way to stay in business with out coping someone else work than let them go out of business.
May 21st, 2009 at 11:43 am
I know the argument and I’d be preaching it louder than anyone if it was my designs being knocked off, but as a consumer, I see it all in a different light. The truth of the matter is that everyone knows that the F21 versions don’t even compare to the originals. For example, the picture of the dress you posted above was, of course, plagiarized by F21 (and other lower, less known retailers due to trickle down) however the actually similarity in appearance is so minor that it would be hard to hold that up in court. It’s interesting that you should choose that exact dress, though, because I am actually guilty of the “theft” of that design. I wrote a post about it on my old blog here: http://laureilly1990.blogspot.com/2008/06/my-knock-off-of-knock-off.html
May 21st, 2009 at 12:28 pm
After I posted my response to this article, I thought about the situation again during the night. I’m still standing by my opposition to passing this law.
The main reason why I started blogging and why I wanted more of a presence in fashion is because I love to shop…period. It wasn’t because I wanted to own a clothing line or become a designer. I just like shopping and, I agree with Laura, from a consumer’s perspective this is BAD law. I really think this will cause a harsh division among the type of clothes each economic class would be able to afford. And if you love fashion, why would you put that on those who can’t afford a designer label? It’s like saying “she can’t afford it so she doesn’t deserve to wear anything like it anyway.”
I actually work in the legal field and have a unique perspective in that I know what this type of litigation will do to small businesses and indie/small designers. It will drive them out of business. Granted H&M, Forever 21 and Wal-Mart may be the ones who will be put in the spotlight the most if this passes, but they are huge companies and they can afford to go to court and litigate their designs. Complex law situations, like Intellectual Property, are extremely expensive because of the detail that must be paid. I’m not defending F21, but I’m sticking up for indie labels and smaller designers and I strongly feel that this law will run them out of business.
I have taken my share of copyright and trademark law classes and I know that passing something like this definitely draws a fine line and would force all indie and smaller labels to double back on their designs and question what they created (god forbid they drew on an inspiration they got from a designer dress). It would force them to register their own designs, which is also expensive. We’d see maybe 5 designs from up and coming designers instead of a full line. I think this would definitely stifle creativity, instead of force smaller designers to create something new. I think they would just be scared to put something out there for fear of it being questioned by the huge labels. Big designers could essentially stop production on all smaller labels and competition. It’s like Wal-Mart putting small tool shops out of business because they sell a similar looking hammer. I mean, are any huge labels lobbyists? That’s what it sounds like to me….
Blatant copying is, obviously, not okay on any aspect. But, as it was stated before, though a Forever 21 dress may look like a designer dress (same general pattern and idea), there will always be big differences (more luxurious fabrics, better quality of craftsmanship etc.) so the extreme label fashionistas need not worry, the middle-class college girl won’t give you any competition when her $20 F21 dress looks similar to your $2,000 [insert designer here] dress.
All design is inspired and it is that inspiration that promotes the economy.
May 21st, 2009 at 12:36 pm
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May 21st, 2009 at 2:21 pm
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May 21st, 2009 at 6:42 pm
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May 21st, 2009 at 10:12 pm
I do not shop at f21! That story is horrible for both reasons. It’s one thing to take pieces for inspiration, but the straight copies are easy to spot and 100% need to stop!
May 21st, 2009 at 10:27 pm
Thanks for all the interest! We figured this would spark a fascinating debate. It seems many of us are making similar points but reacting differently to the actual legislation. The key here is to stop exact copying and blatant thievery but also not bury small designers in paperwork nor make stylish product available only to the elite. It IS a fine line but we believe with the proper legislation it can be achieved. Further we don’t believe refusing to support or work to develop any form of design protection is the way to go.
May 21st, 2009 at 10:47 pm
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May 22nd, 2009 at 8:30 am
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May 22nd, 2009 at 9:05 am
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May 22nd, 2009 at 9:24 am
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May 22nd, 2009 at 9:51 am
Great post, way to point out both sides of the story. Personally, I find no excuse for using only exact replicas as the basis of a business plan. Even mass market designers ie Forever 21 can make the effort to make a minor change in the core design so has not be libel.
By the way does anyone else think the “designer” that caused DVF to knockoff the indie label was Whitney Port? hmmm!
May 22nd, 2009 at 1:21 pm
Interesting debate. I can see the need for the protection of intellectual property, but I agree with the sentiment that stylish pieces shouldn’t be for the more affluent.
Where would they draw the line between ‘inspired by’ and ‘knockoff’? I doubt this will pass without explicit definition between the two, but is there a way to officially make that distinction?
May 22nd, 2009 at 6:50 pm
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May 24th, 2009 at 7:51 am
The copies are so bad anyway. Every time I go into H&M I wonder why I bothered.
May 25th, 2009 at 12:49 am
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May 26th, 2009 at 4:03 am
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May 27th, 2009 at 3:27 am
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May 28th, 2009 at 9:48 pm
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June 5th, 2009 at 3:27 pm
Assuming that our Congress will pass legislation that is reasonable and will not put the small designers out of business is thinking a bit much of their abilities. They rarely pass a bill that hasn’t in some form needed modification, and if they are being lobbied by the deep pockets, guess who it will be skewed towards? We have such a litigious society that the people with the money to sue will be the ones that prosper. That fine line between inspired by and copying will be a bit blurry. Whoever has the best legal team will come out on top. That’s what it will come down to in the end. How would a designer prove they sketched out a design one late night in a bout of inspiration when 2 years later a major label has it copyrighted? They have the means to “prove” it was their original design. I’ve worked in the legal field before, and to think that person that deserves to win the case always does is a bit pollyannish.
September 8th, 2009 at 10:47 am
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September 8th, 2009 at 11:22 am
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September 15th, 2009 at 12:27 pm
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