Who are you wearing?

Shannon Nestor of Covington & Burling LLP argues that a comprehensive copyright amendment would head off inconclusive litigation in the fashion industry

Heard on every red carpet, reporters asked attendees this question countless times at the recent Oscar Awards on 8 March: ‘Who are you wearing?’¹ While fashion critics pored over pictures of all the dresses worn by celebrities that night, some clothing manufacturers were frantically analysing the photographs of the big dresses of the night – and copying them for mass production. And, in the United States, all of that copying is legal.