The Agenda

On Copyright in Fashion

Mike Masnick does a beautiful, concise job of explaining why copyright protection is a bad idea in fashion:

The lack of copyright in fashion does a few useful things: (1) it actually helps disseminate concepts faster, creating important trends that drive the industry forward (2) it helps create important customer segmentation in the market, which actually increases the value of top designers (3) it drives fashion designers to be more innovative and to keep innovating. And all of it works. The fashion industry is highly dynamic, rapidly innovating and highly competitive. 

In my opinion, copyright protection is a necessary evil at best, but I recognize that this is not a widely shared view. It is, however, fashionable. (Drum roll, please.) Ezra Klein adds a more sober perspective in his Newsweek column:

 

“Intellectual property is legalized monopoly,” says James Boyle, a professor at Duke Law School. “And like any monopoly, its tendency is to raise prices and diminish availability. We should have a high burden of proof for whether it’s necessary.”

We should agree on that at the very least.

If you’re interested in these issues, I strongly recommend checking out Against Intellectual Monopoly, a book by economists Michele Boldrin and David K. Levine. You can read it for free. To get a hint of the myth-shattering that follows, the following is from the Introduction:

In most histories, James Watt is a heroic inventor, responsible for the beginning of the industrial revolution. The factsabove suggest a different interpretation. Watt is one of many clever inventors working to improve steam power in the second half of theeighteenth century. After getting one step ahead of the pack, heremained ahead not by superior innovation, but by superiorexploitation of the legal system. The fact that his business partnerwas a wealthy man with strong connections in Parliament, was not aminor help.

And it was only after the expiration of Watt’s patents that the steam engine really took off.

Reihan Salam is executive editor of National Review and a National Review Institute policy fellow.

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