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Step into the pulsating heart of contemporary fashion law as Volume 11 of the Series of the Center for Design, Fashion, and Advertisement Law (University of Silesia in Katowice) unfolds its pages. With a focus on France, the epitome of haute couture, immerse yourself in the rich tapestry of French copyright law as it interplays with the vibrant world of fashion. From renowned fashion houses to cutting-edge designers, explore captivating case studies that illuminate the intricate dance between creativity and legal protection. Delve deep into the nuances of copyright law, gaining invaluable insights into the legal landscape shaping the future of fashion. Join us on this enlightening expedition as we uncover the legal fabric that weaves together the threads of innovation, culture, and style at the forefront of the fashion universe.
Step into the world where fashion meets law, where innovation intertwines with tradition, and where haute couture unveils its secrets. In the 10th volume of the Series of the Center for Design, Fashion, and Advertisement Law (University of Silesia in Katowice), embark on a journey that delves deep into the long-forgotten haute couture ateliers. From groundbreaking marketing strategies to pioneering legal frameworks, from intricate technical designs to unparalleled branding techniques, this volume uncovers the multifaceted innovations that have shaped the landscape of fashion and beyond. Join us as we explore the intersection of creativity and legality, where every stitch tells a story of ingenuity and inspiration.
This book traces the development of the fashion industry, providing insight into the business and, in particular, its interrelations with copyright law. The book explores how the greatest haute couture fashion designers also had a sense for business and that their attention to copyright was one of the weapons in protecting their market position. The work also confronts the peculiarities of the fashion industry as a means of demonstrating the importance of intellectual property protection while pointing out the many challenges involved. A central aim is to provide a copyrightability test for fashion goods based on detailed analysis of the legal regulations in the USA and EU countries, specifically Italy, France, the Netherlands, Germany and Poland. The book will be of interest to researchers and academics working in the areas of Intellectual Property Law, Copyright Law, Business Law, Fashion Law and Design.
Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.
The complex nature of industrial design, which combines functional and aesthetic elements, allows different modes of protection: cumulative, separate or partially overlapping regimes are applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe where the principle of cumulation of a special sui generis regime for protecting industrial design with copyright rules has been established. In the last decade, national courts of some Member States conferred to the “cumulative regime” a peculiar meaning, other courts enforced design rights in line with the interpretation given by the Court of Justice of the EU. The copyright/design interface is presented here to a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the border between art and science.
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
"An unprecedented examination of the impact of fashion on society in France throughout the Great War. This fascinating exploration of French women's fashion during World War I is the first in-depth consideration of the role that fashion played in the upheaval of French society between 1914 and 1918. As the fashion industry-the second largest industry in the country-mobilized to help the war effort, Parisian couture houses introduced new styles, aggressively disseminated information through magazines, and strengthened their propaganda efforts overseas. Women of all social classes adapted their garments to the wartime lifestyle, and practicality was increasingly introduced in the form of pockets and "sportswear" textiles like jersey. While women were heralded for contributing to the war effort, the clothes they wore while doing so often provoked debates, particularly when their attire was seen as too masculine or militaristic. With focused studies of wartime garments such as skirt suits, nurse's uniforms, work overalls, and mourning clothes, this volume brings to life the passionate debates that roiled the French fashion industry and reveals the extent to which fashion was a hotly contested topic and a barometer for social tensions throughout this tumultuous era. Maude Bass-Krueger is postdoctoral fellow at the Center for the Arts in Society at Leiden University. Sophie Kurkdjian is a research fellow at l'Institut d'histoire du temps prâesent (IHTP-CNRS)"--
There is an increasing trend within both the study of visual culture and fashion itself to restore fashion to an aesthetic role - one that moves beyond its commercial success as a global industry and places fashion within a nexus of art, the body, and femininity. This emphasis aims to separate fashion from mere clothing, and illustrate its cultural power as an integral aspect of modern life. In this innovative new book, Alison Bancroft re-examines significant moments in twentieth-century fashion history through the focal lens of psychoanalytic theory. Her discussion centres on studies of fashion photography, haute couture, queer dressing, and fashion/art in an attempt to shed new light on these key issues. According to Bancroft, problems of subjectivity are played out through fashion, in the public arena, and not just in the dark, unknowable unconscious mind. The question of what can be said, and what can only be experienced, and how these two issues may be reconciled, become questions that fashion addresses on an almost daily basis. Psychoanalysis has been profoundly influential in the arts, thanks to its capacity to add layers of meaning to things that, without it, would remain obtuse and intractable. It has proved crucial to the development of film studies, art theory and literary criticism. What it has not yet been brought into dialogue with in great depth is fashion. By interpreting fashion within a psychoanalytic frame, Bancroft illustrates how fashion articulates some of the essential, and sometimes frightening, truths about the body, femininity and the self.
Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of fifteen countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world.
The primary focus of this comprehensive text is on the Copyright Act of 1976 & the developing case law in our digital age & networked environment. Copyright law is presented in its institutional, economic & historical contexts. Its relationship with other areas of intellectual property law is explored. explores the latest statutory changes, the Digital Millennium Copyright Act, & the Sonny Bono Term Extension Act recently passed by Congress. This highly effective text provides students with the necessary background & current doctrine to analyze copyright problems properly.