A Tri-Partite Classification Scheme to Clarify Conceptual Separability in the Context of Clothing Design

With its unique advantages, computers are applied to various fields, and the garment industry is no exception. The study explores the role of computer-aided design technology in the apparel industry from the perspective of apparel design, production, and sales. We aim to evaluate the effect of computer technology on clothing design and production by constructing a clothing style migration model based on CycleGAN and evaluating its image style migration effect and aesthetic quality. Then, after completing the research design, we analyze the effect of virtual fitting rooms on consumers’ purchase intentions so as to support the role of computer technology in clothing sales. According to the findings, the clothing style migration model’s generated images are of excellent quality, with an average evaluation score of 6.68, and are acknowledged by nearly 80% of the respondents. All four characteristic elements of the virtual fitting room positively and significantly affect consumers’ purchase intention at the level of 0.01, and perceived risk and perceived value play a mediating role, which explains the process of generating consumers’ apparel purchase intention based on the virtual fitting room. Computer-aided design technology can be utilized effectively in apparel design to boost apparel sales and foster the transformation and advancement of the apparel industry.

With the upgrading of intelligent manufacturing, industrial robots will play an important role in the garment industry. The purpose of this article was to study the pattern and style based on the integration of artificial intelligence and clothing design. In this article, the digital modeling of clothing design and the case analysis of intelligent clothing design are described using the method of comparative experiment. The experimental results are obtained from the analysis of fuzzy number of clothing design language evaluation, three-dimensional human body construction clothing size, clothing design elements and auxiliary functions, and the analysis of the advantages and disadvantages of clothing design system. The popular clothing sample is D4 (0.4862), which is 20% higher than other products. It can be concluded that the model proposed in this article can grasp the needs of consumers and select the right one according to the market positioning. The fabric mass production fashion brand can significantly improve the efficiency and satisfaction of the fabric selection decision-making process. It provides enough technical support and style model for intelligent clothing design.

PurposeTo assess the creative role of sources of inspiration in visual clothing design. It aims to analyse simple, general accounts of observed design behaviour and early stages of the clothing design process, what is the nature of design inspiration, how sources of inspiration are gathered and how they affect the creativity and originality in clothing design.Design/methodology/approachA progressive series of empirical studies looking at ready‐to‐wear clothing design has been undertaken; in situ observation, semi‐structured interviews and constrained and semi‐constrained design tasks. This empirical approach used ethnographic observational methods, which is effective in situations where conventional knowledge acquisition methods are insufficient, when broad understanding of an industry is needed, as in the fashion industry, not just a case study of a single individual or company.FindingsIdentifies the major types of idea sources in clothing design and provides information about each source. Recognises that these sources of inspiration help designers to create design elements and principles of individual designs. In order to foster originality, sources of inspiration play a powerful role throughout the creative stage of design process, and also in the early stages of fashion research and strategic collection planning.Originality/valueThis paper highlights the role of sources of inspiration and its effect in creativity and originality in the clothing design process. Offers practical help to clothing designers and design‐led clothing companies.

Purpose of the article. The research is connected with the analysis of modern transformations in the fashion industry and new approaches to clothing design associated with the changes that are taking place in the world and in the fashion industry. Methodology. The specificity of the study influenced its methodological foundations. Accordingly, methods such as analysis, synthesis, and systems approach were used. The methodological base made it possible to trace and determine the vector of development of the fashion industry from the standpoint of digital transformations in the socio-cultural space. The scientific novelty of the work lies in the definition of the components of digital design, namely, automated methods (programs) for the development of fashion industry products. The main provisions of the study are disclosed in the following provisions: polysystem analysis of the synthesis of innovative digital technologies and design of clothes as an urgent trend in the fashion industry. Conclusions. The essence and content of automated design systems, such as Marvelous designer, CLO 3D, and other approaches involving the use of digital technologies, today partially raise and resolve the issue of overproduction and excessive consumption of objects in the fashion industry. Technological progress, market oversaturation with goods, the speed of changes in society forces manufacturers to reconsider their development strategy, in which they should develop.

Conceptual Separability in Star Athletica, L.L.C. v. Varsity Brands, Inc. et al: 'Designs' of Useful Articles as (Non)Copyrightable Subject Matter?

The article studies the problem of psychological age and how the personal aspects of a person affect his life and the fashion industry in particular. The study reveals the phenomenon of erasing age visual codes and the formation of a new norm in the design of clothing as a reaction of the human psyche to external aggressive events in the world and the subconscious desire to return to the safe world of childhood. Issues of emotional design, in which it is important to create a positive emotion background that creates a product or service, to include the person in the storyline of the process of communication with the product or service. As an empirical base expert opinions of specialists in the fields of analysis of human behavior: psychology, sociology, philosophy, as well as marketing tools that allow to take into account the real request of the buyer. Concrete examples illustrate how people are adapting adequately to changing social, political, and environmental conditions, and how these changes are forcing a review and rethinking of well-established criteria and aspects of attitudes, behaviours and aesthetics. Analysis of the processes of psychological perception of the present and the past by the modern consumer allows to allocate the trend to the visual codes of «children» in the design of clothing, systematize compositional techniques, details, assortment, styling methods, erasing the boundaries «adult-child». The article gives examples of the works of fashion houses: Thom Browne, Louis Vuitton, J.W. Andersen, Miu Miu and Chen Peng, examples of analog images and details of children’s assortment embodied in professional collections, an example of addressing the topic of research in the educational process.

To analyze the artistic and aesthetic characteristics that influence the modern digital design of Chinese-style clothing, the practice of creation and to propose modern digital design solutions in the design of jewelry, style and clothing. The theoretical and practical research methods have been used: analysis of scientific and professional literature on the topic of research, design based on the evolution of patterns and forms, analysis of analogs of design objects, design and creation of a product using specialized software. The main features of modern Chinese style in clothing design and personal image are revealed. The main characteristics of the design style solutions of modern Chinese digital clothing and personal image are summarized. According to the results of the research, projects of digital design of jewelry and personal image were developed. The characteristics of the main forms of digital fashion design in the Chinese style are analyzed, the development trends that affect modern Chinese fashion design are revealed, and some practical results of digital fashion design are summarized. The results of the study can be used to analyze and develop industrial and consumer-oriented design of clothing, jewelry and personal image in Chinese style. The results of the study can be used to further explore digital clothing design and personal image in Chinese style for media content.

Research on Network Clothing Design System Based on Artificial Intelligence

Refusals to Deal with Competitors by Owners of Patents and Copyrights: Reflections on the Image Technical and Xerox Decisions

COLUMBIA JOURNAL OF LAW & THE ARTS [47:1 allowing buildings to be replicated in other artists' two-dimensional works without violating the copyright of the building's architect. 3 During the drafting process, while there was debate over the exact wording, there was little debate over whether to include this exception, as it seemed fairly innocuous and important for the endurance of the urban photography industry. 4 In 2022, the U.S. District Court for the Western District of Texas interpreted this exception to allow a realtor to reproduce and distribute the blueprints of a single-family home for marketing purposes without the consent of its architect. 5 As confounding a conclusion as this may seem to those well-versed in copyright law, it is actually not entirely unfounded in the text. This is due in part to an edit that was made during the drafting of the definition section of the Act to include "architectural plans" in the definition of "architectural works," 6 thus arguably extending the same exception from the exterior of constructed buildings to their blueprints. As such, in an effort to meet its Berne obligations and provide added copyright protection for America's architects, Congress may have inadvertently stripped architects of a right that they previously held. Before the passage of the AWCPA, architectural blueprints were protected as "[p]ictorial, graphic, and sculptural works," 7 and were therefore protected against unauthorized reproduction in two-dimensional form. That said, these blueprints were not protected against construction of the buildings depicted in them because the buildings themselves were nearly always considered "useful articles," with few to no conceptually separable elements. 8 This protection for blueprints was clarified and codified in the Berne Convention Implementation Act of 1988, 9 which added "diagrams, models, and technical drawings, including architectural plans" to the definition of "[p]ictorial, graphic, and sculptural works." 10 Substantively, the result of this amendment-that architectural plans that contained copyrightable elements could not be reproduced and distributed without the consent of the copyright owner-made no difference except to appease those concerned about the lack of explicit statutory language responsive to Berne Convention requirements. The real substantive change 3. 17 U.S.C. § 120(a). 4. Testimony from David Daileda, American Institute of Architects ("AIA") former Director: "The AIA has no desire to curtail the innocent activities of photography, painting, or other pictorial representation or display of architectural works for private purposes."

American copyright law is predominantly utilitarian. Fair use—codified to promote copyright’s utilitarian goals—has emerged as one of the most nebulous doctrines in American law. This is partially by design. Passing the Copyright Act of 1976 (the “Act”), Congress sought to endorse “the purpose and general scope of the judicial doctrine of fair use,” but made clear that “there is no disposition to freeze the doctrine in the statute, especially during a period of rapid technological change.” This judicial deference—combined with the case-by-case nature of fair use determinations—has led to evolving and inconsistent applications of section 107.
 Interpretation of section 107(4), which instructs courts to consider “the effect of the use upon the potential market for or value of the copyrighted work,” is illustrative. Though a plain reading of section 107(4) leaves room for consideration of all market effects, most courts and commentators agree that the inquiry into this factor concerns only deleterious effects on the copyright owner’s actual or potential markets. Some have expressed hostility toward consideration of positive market effects on the ground that an infringing use that might improve sales of a copyrighted work is also likely to invade the market for derivative works.
 In limited circumstances, courts and commentators have recognized the relevance of an unauthorized use providing financial gain for a copyright holder. In Authors Guild, Inc. v. Google Inc., Judge Chin indicated that Google Books increased exposure and sales for the copyright holders, concluding that “the fourth factor weighs strongly in favor of a finding of fair use.” While the Second Circuit declined to adopt Judge Chin’s explicit reasoning, Authors Guild remains a powerful endorsement of the plain reading of section 107(4). In Google LLC v. Oracle Am., Inc., the Supreme Court indicated that analysis of the fourth factor should weigh public benefits against private harms, endorsing a more holistic balancing of interests. In the wake of a reinvigorated fourth factor, it is worth reassessing whether economic benefits from infringement have any place in the market impact inquiry.
 This Note addresses the current status of market benefits: monetary gains conferred upon a copyright holder by a third party’s unauthorized use of a copyrighted work. While courts are still unwilling to treat market benefits as dispositive, they are moving away from the view that the fourth factor concerns only market harm. Expanded analysis of a fourth factor now balances private economic effects, public benefits, and in some cases, non-monetary concerns related to the value of a work. Market benefit proponents assert that their inclusion is more in line with the text and history 1976 Act, as well as the overall goals of copyright. Further, weighing market benefits against market harms helps to address problems related to circularity.
 This Note considers the viability of market benefits as both a dispositive and a relevant component of fourth factor interpretation. Part I provides a basic overview of the traditional approach to the fourth factor before defining and distinguishing between different types of market benefits. Part II analyzes recent caselaw acknowledging market benefits and proposes a framework for proving market benefits as part of a reinvigorated fourth factor. Part III addresses the viability of market benefit arguments across different sectors of copyrighted works and the possible implications of increased acceptance. It concludes that, despite enhanced recognition, market benefits still lack widespread applicability and are unlikely to change the outcome of any present fair use determination.

Textile and garment industry is an important part of China's social economy. In the development process of this industry, sustainable garment design has attracted more and more attention, mainly because it can reduce carbon emissions, protect the environment, and then promote the long-term development of the textile and garment industry. In the past, there were big problems in the textile and clothing design work. Due to the limited design concept, a lot of waste fabrics and harmful gases were produced in the links of clothing design and production, which deviates from the current green development concept. Under the goal of "double carbon", the textile and garment industry needs to establish the development concept of environmental protection and emission reduction, and to optimize and improve the previous design concept and methods, so that it can achieve the goal of sustainable development.

This chapter provides an overview of the application of US copyright law to fashion centred on the US Supreme Court’s 2017 Star Athletica decision. While there is robust copyright protection of jewelry, masks, and two-dimensional designs imprinted on or woven into fabric, the “useful article” doctrine in American copyright law limits the possibility of copyright protection for the design of clothing, shoes, and hats. The chapter concludes with some ruminations about whether or not the apparel industry needs additional copyright or copyright-like protection in the US, particularly as digital, networked technologies challenge fashion’s traditional patterns of copying and dissemination of the latest styles.

美國著作權法之概念上分離自1954年起即引發時尚業及司法實務之混亂，在著作權法之範疇，將美感與實用放在一起總是引發違和之感覺，實用性物品之可著作性為今日著作權法最艱難的爭議之一，「可分離性」原則即被用以處理上開疑難，然而該等原則描述容易，適用卻是困難，而多種現存之概念上分離的標準，使得著作權對於實用性物品之保護成為著作權法中最困難之領域，單一之標準容或降低司法實務間之緊張關係，而得以提供穩定之先例及可預測之結果。美國聯邦最高法院在最近之Star Athletica, L. L. C. v. Varsity Brands, Inc.案即被認為有釐清上開難題之機會，Star Athletica案提出可分離性之新途徑，著作權法並未定義可分離性，Star Athletica案可謂司法意欲填補該等模糊空間最新之嘗試，然而仍被批評所提出之標準缺乏明確性及清晰之指引，多數意見僅僅對法條加以釋義，且對於功能性之理論視若無睹。不過，Star Athletica案亦被認為對於時尚及配件產業，可謂恩賜，如果寬鬆地適用Star Athletica案最高法院所提出之新標準，有可能具備藝術特徵之實用性物品獲得著作權保護之機會將大增。 Conceptual separability in U. S. copyright law has been causing confusion in the fashion industry amongst American since 1954. In copyright law, the marriage of beauty and utility often proves fraught. One of the most difficult issues arising under the Copyright Act today is the copyrightability of useful articles. Seperability doctrine is used to deal with the issues. The doctrine has been easy to state but difficult to apply. The numerous existing tests for conceptual separability have made copyright protection of useful articles an exceedingly difficult area of copyright law. A single test for conceptual separability would alleviate conflict and tension with the judicial system, which would provide firm precedent and predictable outcomes. In Star Athletica, L. L. C. v. Varsity Brands, Inc., the U. S. Supreme Court had an opportunity to clarify the issues. In Star Athletica case, the Supreme Court recently unveiled a new approach to separability. The Copyright Act does not define separability, and Star Athletica is the latest judicial effort to try to fill that void. But the reasoning of Star Athletica still lacks clarity. The majority did little more than paraphrase the statue, and downplayed the functionality concern. Even so, Star Athletica decision is predictrd to be a boon to the fashion and apparel industry.

Purpose. The purpose of the article is to identify the features of creating a camouflage pattern and analyze the specifics of its use in clothing design by leading couturiers in a historical retrospective and at the present stage. Methodology. The study used the method of analysis and synthesis, the method of historical and cultural analysis, the method of typological analysis, the methods of art history and stylistic analysis, etc. Results. The results of the study found that the camouflage print was transferred to the civilian sphere soon after its introduction into military clothing during the First World War. This was evidence that the practical nature of the camouflage print does not prevent the use of its aesthetic potential by modern visual culture. A significant contribution to the formation and further development of the camouflage pattern belongs to avant-garde artists. The aesthetic characteristics and numerous symbolic meanings of camouflage allowed it to become a classic characteristic of the military style. During the 20th and first quarter of the 21st centuries. the fields of art, architecture and design continue to import and use the strategies of two main types of military camouflage – Disruptive Pattern Material (complicating object recognition) and Dazzle (deformation of silhouettes). It was found that in accordance with the essence of the phenomenon of camouflage, which consists in the visual perception of ambiguity through the rupture of forms, leading modern couturiers use such techniques as pattern scaling, pointillism of the minimal fragmented unit, blurring, brightness gradation, playing on contrast with a monochromatic background, etc. in order to reveal their own understanding of camouflage in clothing design and the idea of each specific model. Scientific novelty. For the first time in domestic art history, the problematics of the phenomenon of camouflage pattern and the features of its use by leading clothing designers have been investigated. Based on the analysis of two main types of camouflage pattern (Disruptive Pattern Material and Dazzle), variability has been traced and the main techniques of design solutions have been outlined. Practical relevance. The results of the study can become the basis for monographic studies, educational literature, and the development of lecture courses on the history of clothing design.