Vogue Juridique & The Theory Choice Problem in the Debate Over Copyright Protection for Fashion Designs

10 Pages Posted: 5 Sep 2010  

Michael G. Bennett

Northeastern University - School of Law

Nicholas Buell

Fordham University School of Law

Jason S. Cetel

affiliation not provided to SSRN

C.C. Perry

affiliation not provided to SSRN

Date Written: March 1, 2010

Abstract

In this article the authors examine the theoretical and policy debates concerning the copyright null zone of fashion designs. Conventional intellectual property theory predicts detrimental impacts to rates of innovation in the absence of copyright protection for tangibly expressed ideas. By many accounts, however, the fashion world exhibits high rates of design innovation. Two competing theories - piracy paradox and differential flocking - have emerged to address the issue, each claiming to best explain this anomalous null zone, and to address it with an appropriate policy response. This article critically weighs their claims, and aims to encourage the creation of more robust theory choices that are applicable to copyright null zones, in fashion design and elsewhere.

Keywords: Fashion design, copyright, null zone, innovation incentives, theory choice

JEL Classification: O31, O34

Suggested Citation

Bennett, Michael G. and Buell, Nicholas and Cetel, Jason S. and Perry, C.C., Vogue Juridique & The Theory Choice Problem in the Debate Over Copyright Protection for Fashion Designs (March 1, 2010). Maryland Law Review, Vol. 70, No. 1, 2010. Available at SSRN: https://ssrn.com/abstract=1671649

Michael G. Bennett (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

Nick Buell

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

Jason Scott Cetel

affiliation not provided to SSRN

C.C. Perry

affiliation not provided to SSRN

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