Reason – March 30, 2006:

Rep. Bob Goodlatte (R-Starbucks) is pushing legislation to extend copyright to the world of high fashion, which currently operates outside its protection. (Note that this is separate from trademark and fraud protection: It’s already illegal to sew a gator on a K-Mart polo and try to sell it as a Lacoste.) The idea is to stop mass-market department stores from putting out low-priced house-brand garments in the style of big-name designers.

First: Is this necessary? The idea behind intellectual property is supposed to be to provide creators with an incentive to innovate. Are we supposed to believe that Sears is digging into Armani’s profits to the point where they’re putting out fewer items each year? Are we supposed to believe that this effect is so pronounced that the loss in novelty outweighs the benefit to consumers of inexpensive, attractive clothing?

I’m also a little curious how, exactly, you’d enforce this. I have trouble imagining a standard that isn’t either meaninglessly narrow (prohibiting only exact copies, which knockoffs aren’t) or stiflingly broad. The shirt I’m wearing right now, for example, is a blue-and-white striped button-down with a sort of funky yellow/red/pink pattern on the collar and cuffs. Now, even from shirt-to-shirt in the same style from the same designer, they’re going to be different because different parts of the patterened fabric are getting used for the cuffs and collar. But say you ban anyone using that exact set of fabrics. How close does another shirt have to be before it’s too close? Does anyone who wants to mix stripes with a bright patterened collar now have to ask Etro for permission?

The clothing industry has been pushing this for years. Just to be on the safe side I’m going to apply for a copyright on the combination of mini-skirts with high heels. I figure I’ll be set for life if this legislation passes!



  1. Rick says:

    I call Jeans and a T-shirt.

  2. rus62 says:

    I remember seeing jeans made in South America with the name of a famous brand. There was that brand and one of their cheaper trademarks. They had the made in the USA label all with the permission from this company who owned the trademarks yet they weren’t made in the USA. I have no sympathy for these companies as they complain about imports, cheap copies, etc. and yet they do the same thing themselves. Oh yeah, the jeans didn’t have the quality of the ones really made in America, or were the higher quality jeans made somewhere else?

  3. site admin says:

    This sort of legislation woul dbe an enormous disaster. What’s the point of it?

  4. SN says:

    “This sort of legislation woul dbe an enormous disaster. What’s the point of it?”

    To make the rich richer. Of course. And there is no doubt that attorneys are pushing for it too. Think of the litigation that’d result from this!

  5. axe says:

    Most designs are eventually scanned or digitally created in some fashion or another. Wouldn’t this fall under the DRM?

  6. Chris Silva says:

    I, for one do not like seeing fake ripoffs of the jeans that I paid 150$ for in any way whatsoever, I see it everywhere. I would like to see designers get all the credit they deserve (monitary too). Think of it this way, if you created a car (BMW), and then someone (KIA) makes a ripoff cheap copy (this has happened), would you be mad that they are taking from the pot that you have created for yourself? Of course you would. Its not these cheap ripoff companies that are coming out with the artistic vision to create what they are creating, it is the designers that are putting themselves out there on a chance that they will make a profit, and when they hit it off, everyone from every angle is reaching into thier pockets and stealing thier money. Its rediculous.

  7. Mr. Fusion says:

    Just to be on the safe side I’m going to apply for a copyright on the combination of mini-skirts with high heels. I figure I’ll be set for life…

    Ok, I had a different view of you though, but hey, what ever turns your crank.

    Does anyone know the voting record of Rep. Bob Goodlatte (R-Starbucks) ?

  8. Mike Voice says:

    I can’t get past the opening line…

    Rep. Bob Goodlatte (R-Starbucks)… 🙂

    And the date is March 30th?? [posted two days early?]

  9. Linda says:

    I gotta go with Mike on this one. Which state/county is “Starbucks” exactly? And why wasn’t Goodmocha elected? Is it an issue of colour?!

  10. Smith says:

    The fashion industry will be dead within ten years of this passing — no new ideas possible without infringing on someone’s copyright.

  11. JeeBs says:

    Comment by Smith – “The fashion industry will be dead within ten years of this passing — no new ideas possible without infringing on someone’s copyright.”

    Much like the state software industry today and patents. It is ridiculous what is protected by patents, and it is killing the industry. Why is it that the patent office can’t see this?

    BTW, I claim thongs. Show me the evidence!

  12. Jeremy says:

    Um havn’t you seen the ads for our future and in most movies people are all wearing the same style of clothing, it prob. has to do with the fact we will be getting everything, butter, milk, cheese, phone service, cable, internet, from AT&T which by then will be a subsidary of Haliburtan.

  13. Bruce IV says:

    Umm … If the representative for STARBUCKS is proposing this, the folks in DC who want voting representatives are going to be really peeved. And wouldn’t Starbucks elect a Democrat? That aside, the whole thing is a prank – show me a real representative’s name on it, and I’ll take it a little more seriously.


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