In this TEDTalk, Johanna Blakely discusses the effect that the lack of copyright protection has had on the fashion industry. As "utilitarian" objects, clothing designs are not eligible for copyright in the US. Only brand logos are protected by law, so it is completely legal for counterfeiters to reproduce a design. While it is commonly believed that without ownership, their is no incentive to innovate, Johanna Blakely makes the opposite argument. Not only is there incentive to innovate, there is an increased incentive to innovate faster. It becomes necessary to stay ahead of the counterfeiters, and to design in a way that makes a product particularly difficult to copy. Designers strive to create designs as part of a certain aesthetic each season; these designs work best within this aesthetic. This is very similar to the world of comedy: jokes cannot be copyrighted, so comedians create an onstage persona to deliver their jokes- jokes that would not be as funny outside of this context.
All of this reminded me about the discussion of soft-soap dispensers during class. Copying is going to occur with copyright or patent protection of without, and in most cases litigation will not be the answer. Designers need to rely on ingenuity as much or more than they can rely on the law.
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