Johanna Blakley

Media | Entertainment | Fashion

Archive for copyright

Design Patents & the Future of Fashion

 

I had to attend the Struktur conference vicariously this year, but I had the great fortune of attending this creative summit for active, outdoor and urban design last year. The organizers had approached me because of my TED.com talk on the lack of copyright protection in the fashion industry. It turned out that the active wear industry was facing a potential sea change. The news was getting out that Lululemon was aggressively pursuing design patents for their designs, effectively installing barbed wire around previous open pasture in the design community. The Struktur community wanted to know: what the hell is a design patent, anyway, and should I be getting some of them, too?

Once I knew this, It took me about zero seconds to agree to give a talk on the topic (here’s the video). I’ve been impatiently monitoring the wearable technology sector for many years now, where I see a very exciting (and lucrative) future for apparel designers. One key reason: fashion designers may not have copyright protection – which means they don’t own their designs – but they are eligible for patent protection if they can inject some unique utility into their design.

I can’t believe how long it’s taken for high-end fashion designers to get into the wearable tech game. But slowly and surely, it’s finally happening. The wearable-electronics market reached $8 billion in sales in 2014, and is expected to hit $20 billion by 2017, according to research firm Futuresource Consulting. I expect the sector to explode once customers realize that they should be getting tremendous utility value with their clothes – not just cute looks.

Editorial about wearable tech tends to be pretty snarky, but even cynical reporters are starting to warm to the idea. Athos now offers workout capris that alert you to your workout targets and tell you whether you’re favoring one leg over the other, which can lead to injury and inadequate work outs.

Emel + Aris have created a luscious cashmere wrap that’s actually a toasty electric blanket. Iris Apfel, icon of all who hope to age in grand style, has developed WiseWear cuffs that can send a message to an emergency contact if you should get in trouble. And while I’m no fan of Ralph Lauren, the Ricky bag is kind of genius, with its built in phone charger and LED lights that switch on when you open the bag.

So all of these contraptions are eligible for utility patents, which cover inventions that are novel, useful and non-obvious. So what is a design patent? Read the rest of this entry »

I’ve Been Upworthied!

upworthy

I just found out my TED.com talk on fashion and copyright was deemed Upworthy. As you probably know, Upworthy is a crafty outfit that goes to great lengths to increase viewership of video content that serves some kind of socially progressive purpose. Part of their process includes generating multiple potential headlines and photos, and testing the different combinations on different platforms to see which combos attract the most views.

Of course it’s fascinating to me to see what they decided worked best for my video:

upworthytext

I must say, it never occurred to me that my argument was something “hippies” would love, but there ya go!

I’ve been following Upworthy’s progress for the last two and half years, and I was especially excited to hear about how they are developing new metrics for assessing how people are engaging with the media they’re promoting. Uniques? Nah. Time on site? Nope! Their latest focus? Attention Minutes, which they define here:

Attention Minutes measures everything from video player signals about whether a video is currently playing to a user’s mouse movements to which browser tab is currently open — all to determine whether the user is still engaged. The result is a fine-grained and unforgiving metric that tells us whether people are really engaged with our content or have moved on to the next thing.

At the Norman Lear Center, where I’m managing director, we have been studying the “Attention Economy” for several years, and now with our Media Impact Project, we have the opportunity to develop tools that accurately measure human attention. Needless to say, there’s a great deal of debate about how this might be done and so we invited several experts in the field — including Daniel Mintz from Upworthy — to debate the topic on our new website, The Fray. Launched with a skeptical piece by Richard Tofel from ProPublica, we solicited responses from ChartBeat, LunaMetrics, the Financial Times, Parse.ly and Columbia University.

This is not a debate that’s going to be settled any time soon, but I sure hope I find out whether my little video turns out to be must-see-TV for hippies.

 

Imagining the Future of 3D Printing at Fractal

fractal13

Ever since I started doing research on fashion design and copyright, I’ve been tracking the progress of 3D printing technology. The disruptive possibilities of this technology are abundantly clear in the fashion sector, and so I was thrilled to receive an invitation to attend fractal, a very unique conference in Medellin Colombia, where a diverse group of experts was asked to facilitate conversations about 3D printing, synthetic biology and other bleeding edge topics.

Hoping to shake-up the typical conference format, the instigators behind fractal – the intrepid Viviana Trujillo and Hernan Ortiz – decided to invite the audience to use “design fiction” to spin stories of the future that would reveal the key social, cultural, political and ethical quandaries that accompany the adoption of new technologies. The facilitators were a fascinating group: Reshma Shetty , an MIT-trained synthetic biologist; acclaimed artist and director Keiichi Matsuda, whose augmented reality installations have been featured at MOMA and the V&A, and Paul Graham Raven, a speculative fiction practitioner who uses narrative to solve engineering problems in the UK.

In addition to telling stories about how homes might be made out of living things and how augmented reality applications will fundamentally change the contours of our self-presentation to the world, we tackled the topic of 3D printing. Read the rest of this entry »

When Traditions Become Trends

Yesterday, I joined “Project Runway” finalist Korto Momolu on an episode of “The Stream,” an innovative multimedia show on al Jazeera English. The topic? Cultural appropriation. Turns out that Momolu has gotten a lot of heat for incorporating African designs and textiles into her work . . . despite the fact that she’s from Liberia. I was part of the mix in order to clarify some of the ownership rules around cultural remix practices in fashion.

Cultural Appropriation in Fashion

turban

When I talk about copyright and fashion outside of the United States, I often get questions about the dangers of cultural appropriation. Shouldn’t it be illegal for Western fashion designers to steal traditional designs from Native American tribes or to appropriate design features from traditional Ethiopian garb?

My research on fashion and intellectual property has focused on the benefits – both to consumers and to the fashion business – of the lack of ownership of designs. Fashion is actually one of several industries that treat their creative output as a commons – shared resources that can be freely reused, recreated and recombined.

This is often music to the ears of free culture activists, libertarians and lots of people in the digital media industries, who have seen first-hand how difficult (and often counter-productive) it is to enforce copyright protections on creative work that can be copied perfectly with one click.

But for people who are concerned about cultural imperialism, this “free culture” sounds like just another opportunity to take advantage of the little guy. Read the rest of this entry »

Order vs. Chaos on the Internet

Great illustration by Stephen Doyle

The May issue of Vanity Fair features a great article about the “War for the Internet,” or, more precisely, the battles over Internet privacy, piracy and security. I found myself in alignment with the group of guys that VF calls the “forces of Organized Chaos,” including Vint Cerf, Jeff Moss, Joshua Corman and Dan Kaminsky. The article’s filled with quotable gems (e.g., “Anonymous is more like a brand or a franchise,”) but here’s a nice sum-up of the “Organized Chaos” vision for the future of the Internet:

…the forces of Organized Chaos, by and large, think that the Internet should be allowed to evolve on its own, the way human societies always have. The forces of Organized Chaos have a pretty good sense of how it will evolve, at least in the short term. The Internet will stratify, as cities did long ago. There will be the mass Internet we already know—a teeming bazaar of artists and merchants and thinkers as well as pickpockets and hucksters and whores. It is a place anyone can enter, anonymously or not, and for free. Travel at your own risk! But anyone who wishes can decide to leave this bazaar for the security of the bank or the government office—or, if you have enough money, the limousine, the Sky Club, the platinum concierge. You will always have to give something up. If you want utter and absolute privacy, you will have to pay for it—or know the right people, who will give you access to their hidden darknets. For some services, you may decide to trade your privacy and anonymity for security. Depending on circumstance and desire, people will range among these worlds.

In this context, structuring the Internet around authentication systems that make it impossible for anyone to remain anonymous seems as foolhardy as insisting upon only non-commercial usage of the Web (and, yes, I’ve heard serious people seriously suggest this.) Finding the right balance between order and chaos on the Web is the era-defining challenge we face right now.

Hypocrisy in Hollywood

Created by: Paralegal.net

Big thanks to Peter Kim for alerting me to this great new infographic about Hollywood’s convoluted history with piracy and its battle to embrace and defang new technologies.

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