ABSTRACT
The main finding is that a fashion design is a combination of aesthetic and technological work. Therefore, elaborating on at least one of these traits can lead to copyrightability. The research shows that the de minimis quantum of creativity/artistic character in the fashion industry (not to be confused with a de minimis quantum of creativity/artistic character in copyright law) is shockingly low, so it appears vital to incorporate this aspect into the legal discourse. Business understanding of the inspiration/plagiarism dichotomy might be very different compared to the legal one. In attempting to measure individuality and originality, it is important that we also consider the emotions that are elicited in clients by designers, thereby motivating the purchasing process. The feedback provided by many of the modern channels by which customers are engaged allows for this emotional response to be effectively gauged, with the concepts of both brand love, brand addiction and brand-hate already well-established in marketing literature. This study revisits the theory of communication used in US copyright theory to establish the copyrightability level by including the emotional and aesthetic aspects of fashionable goods.
