Fashion Police: The Skinny On Copy-Cats

While searching the blogosphere this week I found two diverse problems that are plaguing the world of fashion at this moment. Karen Kay from London’s Dailymail tackles the first problem with the question, “Are size zero models too thin for the catwalk?” This controversy has sparked debate on whether or not models should have to meet a certain BMI (body mass index) to be able to partake in fashion shows. It is hoped that this minimum weight requirement for models will help combat eating disorders such as anorexia in young women. The second blog by Amy Duvall, an Associate Editor for the Michigan Telecommunications and Technology Law Review Blog was, “Stricter Copyright Rules for Fashion: A Faux Pas.” She discussed why high-end designers feel they need to be able copyright their clothing designs to combat lower-end retailers knocking off cheap versions of designer clothing.

Comment:

Your question, how thin is too thin? is good in theory, but has fatal flaws (no pun intended). If we start instituting minimum BMI’s for thin models, are we then going to require a maximum BMI for plus size models? Being overweight has as many health risks as being too thin. As the world population gets heavier and heavier, do overweight models send the message that it is ok to be obese? Dove brand products are using “natural” models. Most have body mass indexes that would worry their doctor. The real problem is the fashion industry is looking for a rare specimen for models. The average runway model today is 5” 11 and weighs 118 lbs. The age limit for models has dropped so low that runway shows include 13 years models. These girls are naturally very thin because they are pubescent. Race is another consideration. The model Chanel Iman who is half-black and half-Korean appears anorexic. When you consider her Asian genetic background, her small lithe body appears to have more to do with natural body type. If models weight is going to be regulated, should we consider gymnasts, ballerinas, ice skaters and wrestlers in need of regulating? All of these aforementioned sports place heavy emphasis on calorie reduction in children so they stay low in body weight or size. Although setting minimum body mass standard for models appears worthwhile, it would be difficult to implement fairly.

Comment:

The topic as you presented had many interesting points and was well thought and written. However, I do not believe that clothing should be copyrighted for a couple of reasons. Our court system is already overburdened with legal matters. The cost of a lawsuit, regardless of whether it’s legitimate or not, is so expensive it would put new designers out of business. To avoid competition, wealthy houses would just keep upstart design houses in the court system. The second problem I see is there would then be a need to copyright fabrics. Fabric houses sell the same patterns to many designers and the designer doesn’t necessarily own the fabric. This is the reason the two dresses in your blog look identical. As the Wall Street Journal pointed out in the article, “Check out the new threads,” Italian manufactures have solved this copycat syndrome by commissioning small runs of high-tech new fabrics. These fabrics are too expensive and exclusive for cheap retailers to knock off. In addition to coming up with exclusive designs, there are new blends of synthetic fabrics that contain rubber and nylon with natural fibers. The new fiber combinations drape differently allowing new shapes in clothing that are difficult to replicate. In response to the designer complaint regarding lost sale due to cheap replicas, honestly a Forever 21(dress on the right) customer is not going to buy a Diane Von Furstenberg dress (dress on the left) anyway. High-end designer clothing is about creativity and new design. Let’s find creative ways to solve this problem and stay out of the legal system.