Research On Originality Judgment Of Fashion Design

Fashion design is a comprehensive plastic art,designers carry out artistic conception in clothing styles,colors,fabrics and other aspects.On the basis of ensuring the wearing function,designers create a variety of physical visual artistic images in accordance with certain aesthetic laws and unique craft skills.Different stages of creation will produce different results,including costume effect drawing,costume structure drawing and final garment,but only the garment modeling can fully show the originality and artistic beauty of the whole design,which is the crystallization of the designer’s wisdom.The fashion design studied in this paper is the artistic effect presented by the garment.Innovation is the soul of fashion design and the driving force for the healthy development of the fashion industry.However,the popularity of fast fashion and the progress of Internet technology make reverse engineering of fashion design very easy.Pirate clothes usually occupy the market quickly at a lower price.It is also not conducive to the development and progress of clothing culture.Both the Copyright Law of the People’s Republic of China and Regulation for the Implementation of the Copyright Law of the People’s Republic of China do not include fashion design into the category of works,nor do they have specific rules as the basis for legal protection.In reality,plagiarism cases of fashion design emerge occasionally,which highlights the weakness of legislation and justice in the protection of fashion design copyright.In order to break through the bottleneck of the copyright protection of fashion design,this paper takes the originality of fashion design as the research theme,hoping to make some contributions to the determination of the copyright of fashion design,the distinction between the originality of fashion design and the public domain,the comparison of the infringement of fashion design and other difficult problems.This article is mainly divided into four parts:The first part is the theoretical analysis on the originality of fashion design,including the legal concept of originality,the creative expression in the theory of fashion design,the particularity of originality of fashion design and legal value’s interpretation of the judgment of fashion design’s originality.The second part compares the differences in judgment of originality of costume design at home and abroad with typical cases.The European Union adopts the standard of "intellectual creation of the author",which is very similar to the minimum originality standard of the United States.But the originality of the United States is limited to the patterns and decorative features of clothing,and the appearance of clothing,no matter how unique,cannot become the object of copyright law.In China,the separation method is also adopted in the judgment of originality.Only the clothing design that reaches the minimum level of creativity and artistry can obtain the copyright protection.Nevertheless,the district courts of Chongqing and Guangzhou have completely different views on whether the same "dream dance" clothing is original or not,and the two courts have obvious differences on the height of originality and original performance of costume design.The third part is the problem summary and cause analysis on the basis of case study.In theory,the concept of originality,especially the height and existence of "creativity" are quite controversial.The research on originality of fashion design is very scarce,which leads to the court often chooses to blur or even omit the interpretation of originality of fashion design.Legislatively,nearly all countries deliberately avoid defining originality standards to ensure the flexibility of law.Provisions on the Implementation of the International Copyright Treaties(2020 Revision)only stipulates that foreigners can enjoy25 years of copyright in applied artistic works,and domestic fashion design can only be identified as the works of fine arts.The forced application of it’s rules makes the surface and essence of originality standards of fashion design contradictory.The lack of theoretical research,the absence of legal basis and the shortage of guiding cases eventually lead to the improper judgment of originality in fashion design.The court often determines that the structure and line of clothing reflect the author’s personal choice without distinguishing practical functions.This ambiguous judgment method probably defines the public domain as the expression of private originality.The fourth part is the response to the above questions.First,the paper divides the scope of copyright protection according to fashion design theories,and then proposes that the independent status of applied artistic works should be clarified in legislation to provide legal basis for the protection of fashion design.As applied artistic works,fashion design should apply special originality standards due to the practical characteristics.Then the author combs out the originality judgment methods of fashion design,we should obey the order of identifying independent creation,separating artistic expression and distinguishing creativity so that originality can be concrete and objective as much as possible.Finally,the author analyzes the determination of original expression infringement.The originality of plaintiff’s design decides the use of principle of total concept and feel and reductionism.