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It may strike many as strange that fashion design is not already covered by copyright law. Many creative industries argue, quite persuasively, that their success requires a certain level of intellectual property protection. Without it, innovation would grind to a halt; creators will not engage in creation if they fear others will steal their work.

But fashion designs never have been protected by intellectual property law and, as it turns out, for good reason. Unlike in the music, film, or publishing industries, copying of fashion designs has never emerged as a threat to the survival of the fashion industry. Indeed, growth and creativity in the fashion industry depend on copying

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