Question regarding patterns/Frank Usher

KristynaBlue

KristynaBlue

Registered Guest
Not very often do I get passionate to the point of gushing over a beige dress, But have just acquired an early 70's Frank Usher very plain evening dress but am smitten with it - Even though for it to look its best you need to be 5'10 and slender which is the opposite to me!!
Anyway the question I want to ask is - even though its a pretty generic grecian design - will there be copyright on it still if i want to copy the pattern and make one up which is going to fit ( i feel like i would be committing a crime if I altered it in anyway.)
If i cant do that then surely I would be ok making my interpretation of it? maybe altering the pattern slightly? although i dont want to change a thing about it!!

I havent got pics done yet but will post as soon as i have them so u can all love it too :)

Its soooo beautiful :'(
 
Fashion isn't subject to copyright in the same way as a lot of other things are - it's a cumbersome process, depending on the country and most designers don't do it unless they've designed something quite unique. It's also a hard thing to prove because there's so much overlap in the fashion world, or should I say copying?

A skilled dressmaker can help you make up a replica of your dress - you could start by seeing if you can find a pattern that is similar that could be adapted. If it's a "generic" design, you shouldn't have too much difficulty with this. It won't be the same dress, because it will probably be sewn with different techniques (construction methods have changed in forty years) and the fabric will also be different - plus, you won't be putting original '70s Frank Usher labels in it!
 
I was under the opinion it had to have 7 differences for it not to be a blatent copy??
Am going to transfer design to pattern paper and do it that way - its a very simple design but sooo gorgeous!! its made from Tricel so will try and source some, as it does flow well and hang gorgeously. I think half the beauty is on the drape. Will try and construct as similar as I can to the original too.
Hopefully if i get the fabric pronto I can post the pics of the 'copy' too !!
 
KristynaBlue said:
I was under the opinion it had to have 7 differences for it not to be a blatent copy??
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That's a lovely idea, but if copying didn't happen, the fashion industry would look very different and whoever invented the pencil skirt would be very rich.

KristynaBlue said:
its made from Tricel so will try and source some, as it does flow well and hang gorgeously.
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Tricel is a kind of polyester: it shouldn't be too hard to find something similar, or if you prefer, a nice silk will be even better.
 
I dont know where I got that from?? I don't think it was aimed at general pieces, like the style of a garment - But more the actual styling of the piece. Am going back about 25/28 years. when i first started out. But I have always followed that rule - maybe its handbags? Am sure it wasnt just my imagination. seem to remember it might have been in court case?

I definately want to use tricel though if i can source it, I may go down reclaim route for that, Its been a successful route for me in other pieces ive made.....maybe a bit worried about possible static on the dance floor - il probably be doing more hop than hip!! might make me move better!!
 
Nicole is right that copyright is different in fashion than in, say, photography. High street stores make copies of catwalk designs every year. Any bride can walk down the aisle in a copy of Sarah Burton's dress for Kate Middleton, which was itself accused of being strongly copied from another designer. No-one is suing anyone. Some designs are registered to protect them, and you may be right that that happens with handbags, and it certainly happens with prints and fabric designs (think of Burberry check for instance), but very rarely with garment designs. The exact law will vary from country to country, but probably not substantially.

It anyway sounds like you are planning to make a copy purely for your own use, rather than mass producing and selling them, so there will definitely be no problem. Even if you are planning to sell copies of this dress, I can't see it would be an issue.
 
Here's a good overview on the subject - I think based on US law.

http://www.newmediarights.org/business_models/artist/can_you_copyright_clothing_designs

The crucial point is this: "Courts interpreting the copyright law have concluded that clothing's utilitarian uses outweigh clothing’s ornamental features. Keeping in mind that things that are functional and utilitarian can’t be copyrighted, it’s easy to see why dress patterns often don’t meet the requisite levels of originality to deserve copyright protection."

There are rumblings about changing the law, to give fashion designers more protection, but it hasn't happened yet. There seems to be two schools of thought on it, those that think designers should be able to register their designs and be protected from knock-offs, and those who think that the fashion industry benefits from being unstifled by restrictive copyright protection.

So enjoy your dress! Good luck with the project, I'm sure we'd love to see pictures
 
I would love to see that dress, I am always drawn to 70's evening wear for their length and elegance!

KristynaBlue said:
I definately want to use tricel though if i can source it, I may go down reclaim route for that, Its been a successful route for me in other pieces ive made.....maybe a bit worried about possible static on the dance floor - il probably be doing more hop than hip!! might make me move better!!
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The only thing I would say about tricel is that it catches easily; if your fabric is not patterned or the design very simple any flaws it picks up will be quite noticeable. It is warm though, when you don't want to cover up a good design with tops.
 
Leonardo Da Vintage said:
High street stores make copies of catwalk designs every year.
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Yes have seen that i think this may have boosted what i thought as the designs are never the same - You will find differences like a lower waistline or a different neckline or the panel construction is different - Im on a mission now - I want to know where i read/heard this!! I find it frustrating not being able to rememeber!! i know it definately happens with prints though Orla Kiely is a terror for copyright - which i find hypocritical as alot of her designs seem to be very'similar' to other 50's prints i have seen over the years, just slightly reworked!

Leonardo Da Vintage said:
It anyway sounds like you are planning to make a copy purely for your own use, rather than mass producing and selling them, so there will definitely be no problem. Even if you are planning to sell copies of this dress, I can't see it would be an issue.
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I designed and sold for a lot of years but now its purely for myself - and this is a must have dress :) #selfishmoi!!
 
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