B.A.F.F.L.E.D. Fashion Law
DVF Urges Fair Treatment of Models--
Diane von Furstenberg is such a fashion icon. She's a trailblazer in so many ways. She brought us the wrap dress, has been a major supporter of anti-piracy legislation for fashion on Capitol Hill, and worked with fashion law leader Susan Scafidi in establishing the Fashion Law Institute. Now, she's commanding fair treatment of models as NYFW gets rolling this Wednesday.
Sure, fair treatment of models is nothing new. We've talked about labor issues models face and the work Stand Up For Fashion (STUFF) has done. The push from such a fashion powerhouse just might be, though. For years, major fashion week participants have been scrutinized for their lack of diversity in runway shows and the self-esteem damaging atmosphere for the models they do choose. As longtime President of the Council of Fashion Designers of America (CFDA), Ms. von Furstenberg is saying loudly--no more!
Along with CFDA CEO Steven Kolb, Diane has penned a letter, encouraging this upcoming fashion week be just as much about debuting new trends and styles as it is debuting new attitudes. She continues to remind us, beauty and fashion start on the inside.
Check out the letter for yourself.
We love DVF, don't you?!
B.A.F.F.L.E.D. Fashion Law
Will Phone Check be the New Coat Check?
We've talked a number of times about the ease of infringement at fashion shows. With New York Fashion Week closing today, it's a good time to think about how NYFW and fashion weeks across the States could be changing. Unlike in Europe, America has no federal protection for fashion designs. The utility argument continues. This brings up the question of how and what designers will do to protect their precious works of art.
New technology as a threat
With technology improving every day, and camera phones being so commonplace, designers could be expected to ban these devices from their shows. Instead of checking your coat, you'll have to check your phone at the door. Press would be allowed in, but forced to sign strict agreements on distribution of the photos they take. It sounds outrageous, but is not far-fetched. Infringement lawsuits are getting filed left and right these days. With the quickness and ease of social media, designs are always in harms way.
Everyone knows attendees quickly take photos of their favorite styles, send them to manufacturers and have them on the racks at places like Forever 21 faster than the original designer can make another for their own collection. We've heard this line so many times before.
Still not having federal legislation to protect fashion designs under copyright--only prints and patterns have this security--designers are constantly looking for something to protect themselves. Otherwise, trademark and design patents are pretty much the only options.
Should cities offer protection? What can they do?
Many say there is no real harm to the lower-priced copies. The shoppers at one price point are not the shoppers at another. This debate will continue. Should fashion week host cities come up with their own solutions? Would you surrender your phone at the door of a fashion show?
What are your thoughts?
B.A.F.F.L.E.D. Fashion Law
The Root of Fashion Week...is Fashion Law--
Clearly, questioning the validity of fashion law is fading. There was a time when "fashion law" got blank stares and/or a series of questions. That response is escaping, as it should be. Today, with fashion being such a major focal point in our economy and everyday lives, people understand what it is and why it's needed.
The root of fashion law goes back to the start of fashion in general--likely the times when Sir Charles Fredrick Worth began putting tags with his name on it in the dresses he designed. As we continue in excitement about New York Fashion Week, we can point to fashion law as its source. We mentioned Dressing Constitutionally as a new must-read for legal fashionistas. Now, Intellectual Property at the Edge: The Contested Contours of IP, a book edited by professor Jane C. Ginsburg of Columbia Law School, is due out this year.
The new book includes a chapter by Columbia Professor C. Scott Hemphill. He discusses the start of the Fashion Originators' Guild of America--a union of designers working together to keep their designs protected. They agreed not to work with entities who infringed on the designs of members, thereby supporting the counterfeit and knockoff market. You can even see some of their authorized labels here. In 1941, the U.S. Supreme Court denied their attempts at protecting themselves as violations of antitrust law.
Despite the ruling of the Court, the Guild's seasonal shows of their original work strolled on. This was not only their way of showing their stuff, but letting everyone know it belonged to them. It was also the mother of the modern-day New York Fashion Week.
“The Fashion Originators’ Guild of America: Self-Help at the Edge of IP and Antitrust,”, Professor Hemphill's chapter in the book takes a deeper look into the court case, antitrust issues, and where protection of fashion designs currently lies. See, fashion law is not only real, but more established than you'd think.
Can't wait to read this one!