Elite Knockoffs and Nascent Designers

The current debate over increased protection for fashion design is largely focused on whether additional protection is necessary or if it is actually counter-productive for the industry. The proper contrast is between protection of authorship versus protection of reputation. David Faux argues that, while elite design houses enjoy some tools for protecting their reputations, beginning designers need legislation that will enable them to enforce rights based on notions of authorship.

Mixed Signals: Takedown but Don’t Filter? A Case for Constructive Authorization

Scribd, a social publishing website, is being sued for copyright infringement for allowing the uploading of infringing works, and also for using the works themselves to filter for copyrighted work upon receipt of a takedown notice. While Scribd has a possible fair use defense, given the transformative function of the filtering use, Victoria Elman and Cindy Abramson argue that such filtration systems ought not to constitute infringement, as long as the sole purpose is to prevent infringement.