10 Pages Posted: 5 Sep 2010
Date Written: March 1, 2010
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: 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