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Dykes 1

Davis Dykes"
Adam Padgett"
ENGL 102 Annotated Bibliography"
October 20, 2016"
Whose Style? Fashion as Intellectual Property:"
An Annotated Bibliography"
Inquiry: How does the current state of copyright laws effect the Fashion Industry and why should
we take better steps towards protecting intellectual design property in the future?"

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Proposed Thesis: Although Fashion is more of a shared venture between designers, the
designs should still be treated as art. Just as imitation of other art forms is treated with harsh
penalty, we should do the same for fashion. We must be aware of the effects that these imitative
designs has on designers and will effect in future technological advances. "

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Intro!
The Fashion industry is one of the only art forms that has not had its creation protected fully
under copyright laws. The intellectual property of designers has no protection beyond trademark
laws for branding purposes, but the actual designs have never been protected under US
copyright laws. This has lead to the rise of fast fashion companies that rip off these designs
and sell them for a fraction of the price. Not only is this an issue in the US, but Fashion
copyright laws throughout the world have become an issue as counterfeiting industries have
taken hold in foreign countries and are imported to the US. "

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Heyison, Kari. "If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual
Property Protection For Fashion Design Is In Poor Taste." Touro Law Review 28.1 (2012)
255-283. Academic Search Complete. Web. 29 Sept. 2016.

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This source is the major counter argument to the allocation of copyright laws. Heyison makes the
claim that the fashion industry would continue without these copyright laws and that
people will continue to rip off designs no matter what. She also claims that the fashion
industry, which is a $350 million industry, is calling for these laws to protect the idea of
fashion as a high art form and to keep the prices high and a sense of elitist fashion. This
source is useful for my paper because it provides a more realistic view to how copyright
laws may not be very necessary and may just be a way to keep the fashion industry as an
higher entity and therefore making fashion unattainable for the average person.

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Luczkow, Anna M. "Haute Off The Press: Refashioning Copyright Law To Protect American
Fashion Designs From The Economic Threat Of 3D Printing." Minnesota Law Review
100.3 (2016): 1131-1170. Academic Search Complete. Web. 29 Sept. 2016.

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Dykes 2
This source addresses the problems that arise from the increase of technology in the modern
world through 3D printing and how that technology will affect the future of fashion design.
Luczkow is a proponent of giving more copyright laws for fashion design to protect the financial
and creative integrity of future designers when 3D printing becomes so widely available. 3D
printing will be a problem as people are now able to create their own designs or others. This
source gives good insight into production techniques of the Fashion industry and the timeline of
streamlined technologies that could effect this production. It also gives examples of Copyright
infringement actions and how to enforce law abroad.

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Raustiala, Ka, and Christopher Sprigman. "The Piracy Paradox: Innovation And Intellectual
Property In Fashion Design." Virginia Law Review 92.8 (2006): 1687-1777. Academic
Search Complete. Web. 29 Sept. 2016.

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This is the quintessential work on the Fashion industry and the copyright law. It is one of the
pioneering works on the problems with protecting intellectual property in the fashion
industry and presents ways that the establishment could better invest in these designers
and the industry. The source really helps to establish my argument and claims because I
side with the implementation of better copyright to protect designs just like we do for
other art forms.

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Raustiala, Kal, and Christopher Sprigman. "The Piracy Paradox Revisited." Stanford Law Review
61.5 (2009): 1201-1225. Academic Search Complete. Web. 29 Sept. 2016.

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A reworking of The Piracy Paradox which was the leading authority on implementation of
copyright laws. This time they revisit they're initial claims, while taking into account the
recent developments such as the Design Piracy Prohibition Act and the continued
advocacy for heightened Copyright Laws.

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Roth, Judith S., and David Jacoby. "Fashion, Copyright, And The Proposed Design Piracy
Prohibition Act." IP Litigator 15.6 (2009): 1-8. Academic Search Complete. Web. 29
Sept. 2016.

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Tan, Irene. "Knock It Off, Forever 21! The Fashion Industry's Battle Against Design Piracy."
Journal Of Law & Policy 18.2 (2010): 893-924. Academic Search Complete. Web. 29
Sept. 2016.

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