In his post "Some Competing Economics of Copyright and Fashion," Josh Wright points out that new legislation for copyrighting fashion designs seeks to protect designers against identical knock-offs. One of the main supporters of the new bill has been Diane Von Furstenberg, but in the post "Copycats: A Tale of Two Jackets," the case is made that her design team also relies on inspiration from other brands, and that it's not just Forever 21 and H & M that could find themselves in court as a result of these new rules.
In this video from TED.com, Johanna Blakely makes a very good case for why more regulation would lead to less creativity and innovation within the fashion industry:
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