On Copyright Protection Of Fashion Design

This article first summarizes and classifies the two different modes of fashion designprotection in an international context. Then, regarding the IDPPPA in the United States as astarting point, it concludes the controversies and trends of the fashion design copyrightlegislation. Next, it proves and elaborates the independent value of China’s fashion designcopyright legislation, and analyses our current legal framework and the provisions of thisproblem, as our current legal framework brings a series of realistic predicaments. Finally, thisessay makes the specific details of the legislative and judicial suggestions as to solve thisseries of dilemmas.This paper mainly includes four sections.The first part mainly summarizes the fashion design protection mode and fashioncopyright law legislation controversies and difficult process in the United States. One mode isprotecting fashion design by both copyright and design, and the other is a mode of protectingmainly by design while the copyright protection is blank or weak. Backtracking the difficultprocess of the IDPPPA, this part summarizes the various reasons of supporters and opponentsand the latest trends in fashion design copyright legislation.The second part mainly proves the independent value of fashion design copyrightprotection in our country through a comparative analysis. By comparing the defects of designprotection with the advantages of copyright protection, it clarifies that the copyrightprotection of fashion design is the choice of reality and jurisprudence. Design protection forfashion design has been used less in our practice, and there are many procedural weaknessesin design protection. Copyright protection for fashion design happens to be able to make upfor the procedural defects of the former. Fashion design is not only the rational economicchoice of the designers, but also the choice of the balance of designers and the public.The third part mainly analyzes the circumstances of China’s fashion design copyrightprotection legislation. It summarizes the legislative framework for copyright protection offashion design and the dilemma under the existing legal framework. Fashion design fallswithin the field of copyright works, but the current copyright law can not provide integrityprotection for fashion design. Thus, there are controversies about whether the fashion designis fine arts or not. The scope of protection is not clear, and the term of infringement is difficultto unify. The fourth part mainly gives the specific details of the copyright protection for fashiondesign, and puts forward some suggestions and ideas for the perfection of fashion designcopyright protection system. It must be clear that fashion design attributes which type ofworks in copyright law, and the scope of copyright protection, the protection time of fashiondesign, the term of infringement or its exception should also be clear.