Susan Scafidi

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Susan Scafidi
Professor Susan Scafidi.jpeg
Residence New York, NY
Education Yale Law School
Occupation President, Fashion Law Institute
Professor, Fordham University School of Law
Website CounterfeitChic.com

Susan Scafidi is an American lawyer, legal scholar, advocate, nonprofit executive, and commentator. The first professor to offer a formal course on fashion law at a U.S. law school, she is the founder and president of the Fashion Law Institute, a nonprofit organization located at the Fordham University School of Law in New York City.[1]

Scafidi is a frequent commentator on fashion and fashion law, with appearances in the New York Times,[2] the Wall Street Journal,[3] Women's Wear Daily,[4] Forbes[5] Time,[6] Newsweek,[7] Crain's New York Business,[8] the Chicago Tribune,[9] National Public Radio,[10] Today,[11] CBS This Morning,[12][13] 20/20,[14] The Tyra Banks Show, and other media outlets in the U.S. and abroad. She is also known for her work on cultural appropriation.[15][16][17]

Fashion law[edit]

Scafidi is credited with being the "pioneer,"[18][19][20][21] "innovator"[22] and "senior stateswoman"[23] of fashion law as a distinct legal field.[24]

In 2005, Scafidi launched CounterfeitChic.com.[23][25] In addition to discussing examples of originality and copying in fashion, Scafidi used the site to call for a cultural analysis of fashion design protection.[26] Scafidi's work in Counterfeit Chic has been cited as the inspiration for subsequent fashion law sites.[23][27] The American Bar Association has recognized Counterfeit Chic as a top 100 law blog,[28] and Counterfeit Chic has also received attention in multiple media outlets, including the New York Times,[29] ABC News,[30] and The Tyra Banks Show.

Scafidi was the first law professor to advocate for recognizing fashion law as a distinct legal field. Besides writing and speaking on the subject, she offered the first course on fashion law.[1][31]

Fashion Law Institute[edit]

In 2010, with the support of Diane von Furstenberg and the Council of Fashion Designers of America, Scafidi founded the Fashion Law Institute, the world's first academic center dedicated to legal and business issues pertaining to the fashion industry.[32][33][34][35] In 2015, Diane von Furstenberg and Scafidi announced the launch of the world's first master's degrees in fashion law: a Master of Laws for attorneys and a Master of Science in Law for designers, executives, and other non-attorney members of the fashion community.[36][37]

Advocacy for fashion design protection[edit]

Scafidi has been a leading proponent for the enactment of intellectual property protection for fashion design.[38][39][40] In 2006, she testified before the House Judiciary Committee in favor of the bill now referred to as the Innovative Design Protection Act, which she helped draft.[41][42] She has continued to speak about the bill and to provide updates on design protection in Congress and the courts.[43][44] She has been an expert and amicus brief author in multiple cases pertaining to brand protection, including Star Athletica, LLC v. Varsity Brands, Inc.[45]

Civil rights[edit]

Scafidi was a founding board member of the Model Alliance, which was formed after Scafidi approached model advocate Sara Ziff to discuss organizational strategy after a showing of Ziff's documentary, Picture Me.[46][47] Scafidi and Fashion Law Institute assisted with the drafting and enactment of a New York state law that established legal safeguards for models under the age of sixteen. Scafidi described this legislation as "one of the biggest developments in a century, bringing a whole new group under legal protection."[48][49]

Scafidi is on the advisory board of the Humans of Fashion Foundation, an organization dedicated to curbing harassment throughout the fashion industry.[50]

Cultural appropriation[edit]

Scafidi is the author of Who Owns Culture?, a study of cultural identity in the contemporary marketplace.[51] Scafidi's work on cultural appropriation and ethnographic legal history has been cited in a range of scholarly articles.[52] As she explained in a January 2006 talk at the annual meeting of the Association of American Law Schools, Scafidi's work in both cultural appropriation and fashion grew out of an interest in forms of creativity that the law does not protect and the values implicit in this status, in contrast to other academics' focus on works with extensive and increasing intellectual property protection.[53][54][55] Scafidi's work on cultural appropriation has also been cited on both sides in public debates over the use of culture in fashion, such as the Urban Outfitters' Navajo panty;[56][57][58] the use of Native American garb in the 2012 Victoria's Secret Fashion Show;[17], literature, music, and art;[59][60] and Moana and other halloween costumes.[61]

Education and academic career[edit]

A native of Washington D.C., Scafidi received her B.A. from Duke University and J.D. from Yale Law School. She also did graduate work in history at the University of California-Berkeley and the University of Chicago.

After graduation from Yale, she clerked for Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit

Scafidi's first law teaching position was at the University of Chicago. She subsequently joined the faculties at the St. Louis University School of Law and the Dedman School of Law at Southern Methodist University, where she received tenure. Prior to becoming a law professor at Fordham University School of Law, she also taught in the law schools at Georgetown and Yale.[62]

Selected writing[edit]

References[edit]

  1. ^ a b Tschorn, Adam. "Fordham University launches Fashion Law Institute, a first for the industry", Los Angeles Times, 10 September 2010. Retrieved on 20 December 2012.
  2. ^ Wilson, Eric. "The Sartorialist Blog Is a Victim of Knockoffs", New York Times, 31 March 2010. Retrieved on 20 December 2012.
  3. ^ Jones, Ashby. "Downward Docket: The Yoga Pants War", Wall Street Journal, 11 September 2012. Retrieved on 20 December 2012.
  4. ^ Steigrad, Alexandra. "Ruling Backs Validity of Christian Louboutin Trademark", Women's Wear Daily, 5 September 2012. Retrieved on 20 December 2012.
  5. ^ Carreon, Blue. "Here's How You Can Protect Your Brand From Copycats", Forbes, 24 April 2012. Retrieved on 20 December 2012.
  6. ^ White, Martha C. "Even Counterfeiters Are Trading Down These Days", Time, 8 February 2012. Retrieved on 20 December 2012.
  7. ^ Givhan, Robin. "Don't Like Your Body? Don't Blame the Models", Newsweek, 15 October 2012. Retrieved on 20 December 2012.
  8. ^ Pasquarelli, Adrianne. "Fashion Designs for Obama", Crain's New York Business, 9 January 2012. Retrieved on 20 December 2012.
  9. ^ Scafidi, Susan and Narciso Rodriguez. "Knock it off! Quashing design pirates", Chicago Tribune, 29 August 2010. Retrieved on 20 December 2012.
  10. ^ Ryssdal, Kai. "Confronting piracy in the world of fashion", Marketplace, 13 September 2010. Retrieved on 20 December 2012.
  11. ^ Curry, Ann. "Age, weight crackdowns for models", Today, 10 February 2012. Retrieved on 20 December 2012.
  12. ^ "Models unite to tackle workplace issues", CBS This Morning, 15 February 2012. Retrieved on 20 December 2012.
  13. ^ "Louboutin's red-soled trademark in jeopardy", CBS News, 12 August 2011. Retrieved on 20 December 2012.
  14. ^ Pisarcik, Kristin and Ann Sorkowitz. "Discounted Designer Shoes: Too Good to Be True?", 20/20, 22 July 2010. Retrieved on 20 December 2012.
  15. ^ Walker, Rob. "Tribute Brand", New York Times Sunday Magazine, 29 January 2006. Retrieved on 20 December 2012.
  16. ^ Mezey, Naomi. "The Paradoxes of Cultural Property", Columbia Law Review, vol. 107, p. 2004, 2009 (2007).
  17. ^ a b Baker, Katie J.M. "A Much-Needed Primer on Cultural Appropriation", Jezebel, 13 November 2012. Retrieved on 20 December 2012.
  18. ^ Murphy, Tara. "Coming Up: Fashion = Art + Commerce", Neon Esquire, 23 April 2012. Retrieved on 20 December 2012.
  19. ^ "Advogada cria instituto nos EUA", Valor Economico, Brazil, 19 December 2011. Retrieved on 20 December 2012.
  20. ^ Nerenberg, Jenara. "Fashion Gets Legalistic with Opening on Fordham University's Fashion Law Institute", Fast Company, 9 September 2010. Retrieved on 20 December 2012.
  21. ^ Zerbo, Julie. Fashion Law Week: A Fashionable Success, The Fashion Law, 8 March 2012. Retrieved on 20 December 2012.
  22. ^ Elam, Tricia. "Fashion Law Goes the Law School Route", The Root, 14 September 2012. Retrieved on 20 December 2012.
  23. ^ a b c Riordan, Staci. "Fashion Law 101: How to Create a Movement", Fashion Law Blog, 13 July 2011. Retrieved on 20 December 2012.
  24. ^ "The Ladies of Fashion Law!", B.A.F.F.L.E.D., 17 September 2012. Retrieved on 20 December 2012.
  25. ^ Scafidi, Susan. "CounterfeitChic.com". Retrieved on 20 December 2012.
  26. ^ Tushnet, Rebecca. AALS Section on Law and Anthropology, part three, 43(B)log, 12 January 2006. Retrieved on 20 December 2012.
  27. ^ Smith, Ray A. Hunting for Fashion's Copycat's, Wall Street Journal, 25 April 2012. Retrieved on 20 December 2012.
  28. ^ "The 2009 ABA Journal Blawg 100", ABA Journal, December 2009. Retrieved on 20 December 2012.
  29. ^ Mitchell, Dan. Fashion's Cutthroat Edge, New York Times, 12 August 2006. Retrieved on 20 December 2012.
  30. ^ "How to Spot Fake Fashion", ABC News Now, 15 February 2007. Retrieved on 20 December 2012.
  31. ^ Roth, Tanya. "Fordham University Launches Fashion Law Institute", Findlaw.com, 15 September 2010. Retrieved on 20 December 2012.
  32. ^ Jothiandan, Shakthi. "Fordham's New Fashion Law Institute Will Serve, Protect, Talk Shoes", New York Magazine, 11 August 10. Retrieved on 20 December 2012.
  33. ^ Jothiandan, Shakthi. "Diane Von Furstenberg Wields a Gavel for Fashion Law", New York Magazine, 9 September 2010. Retrieved on 20 December 2012.
  34. ^ Alexander, Ella. "Laws of Fashion", Vogue UK, 12 August 2012. Retrieved on 20 December 2012.
  35. ^ Buonsanto, Maria. "Una scuola per i fashion lawyers", Italia Oggi, 10 October 2010. Retrieved on 20 December 2012.
  36. ^ Feitelberg, Rosemary. "Fordham Sets First Academic Degrees in Fashion Law", Women's Wear Daily, 22 June 2015. Retrieved on 22 July 2015.
  37. ^ Friedman, Vanessa. "Fashion's Latest Accessory: The Law", The New York Times, 22 June 2015. Retrieved on 22 July 2015.
  38. ^ Salmon, Felix. "Susan Scafidi on Copyrighting Fashion", Upstart Business Journal," 19 September 2007. Retrieved on 20 December 2012.
  39. ^ Masnick, Mark. "It's Baaaaaaack, Yet Again: Totally Pointless Unnecessary Damaging Fashion Copyright Bill Returns", Techdirt, 13 July 2011. Retrieved on 20 December 2012.
  40. ^ Lee, Timothy B. "Senator wants to bring copyright law to the runway", Ars Technica, 16 October 2012. Retrieved on 20 December 2012.
  41. ^ "Testimony of Professor Susan Scafidi", A Bill to Provide Protection for Fashion Design: Hearing on H.R. 5055 Before the Subcomm. on Courts, the Internet, and Intellectual Property of the H. Comm. on the Judiciary, 109th Cong., 27 July 2006. Retrieved on 20 December 2012.
  42. ^ Klein, Ezra. "Copycats vs. Copyrights", Newsweek, 20 August 2010. Last retrieved 20 December 2012.
  43. ^ Scafidi, Susan. "Fashion Protection Week: New 'fashion copyright' bill (IDPA); red sole relief; and a new design manifesto", Counterfeit Chic, 10 September 2012. Retrieved on 20 December 2012.
  44. ^ Mejia, Zameena. "The Supreme Court says the iconic American cheerleading uniform design is protected by copyright law". Quartz. Retrieved 2018-05-20. 
  45. ^ Mejia, Zameena. "The Supreme Court says the iconic American cheerleading uniform design is protected by copyright law". Quartz. Retrieved 2018-05-20. 
  46. ^ "Model Alliance Seeks to Better Working Conditions in Fashion World". ABA Journal. Eriq Gardner. Retrieved 2017-09-08. 
  47. ^ Greenhouse, Steven (2013-12-23). "A New Alliance Steps Up to Protect a New Generation of Models". The New York Times. ISSN 0362-4331. Retrieved 2017-09-08. 
  48. ^ "New York Signs Law Protecting Child Models' Labor Rights". Fashionista. Retrieved 2017-09-08. 
  49. ^ "NY State Senate Bill S5486". NY State Senate. 2015-10-03. Retrieved 2017-09-08. 
  50. ^ "Milano Fashion Week: arriva in Italia Humans of Fashion Foundation contro gli abusi e a supporto delle modelle - Vogue.it". Vogue.it (in Italian). 2018-02-22. Retrieved 2018-05-20. 
  51. ^ Scafidi, Susan. Who Owns Culture? Authenticity and Appropriation in American Law, 2005. ISBN 0-8135-3606-5.
  52. ^ Google Scholar search, "Susan Scafidi" and "Who Owns Culture?"
  53. ^ Tushnet, Rebecca. "AALS Section on Law and Anthropology, part three", 43(B)log, 12 January 2006. Retrieved on 28 December 2012.
  54. ^ Scafidi, Susan. "Law Profs, Part 2", Counterfeit Chic, 8 January 2006. Retrieved on 28 December 2012.
  55. ^ "A Cultural Analysis of Intellectual Property" Section on Law and Anthropology, AALS Annual Meeting, 6 January 2006. Retrieved on 28 December 2012.
  56. ^ Sauers, Jenna. "Urban Outfitters And The Navajo Nation: What Does The Law Say?", Jezebel, 13 October 2011. Retrieved on 20 December 2012.
  57. ^ Fonseca, Felicia. "Navajo Nation sues Urban Outfitters over goods", MSNBC.com, 29 February 2012. Retrieved on 20 December 2012.
  58. ^ Morrison, Patt. "Misappropriation of chic? Navajo Nation fights back against Urban Outfitters", Southern California Public Radio, 19 March 2012. Retrieved on 20 December 2012.
  59. ^ "Opinion | In Defense of Cultural Appropriation". The New York Times. 2017-06-14. ISSN 0362-4331. Retrieved 2018-05-20. 
  60. ^ Shriver, Lionel (2016-09-13). "Lionel Shriver's full speech: 'I hope the concept of cultural appropriation is a passing fad'". the Guardian. Retrieved 2018-05-20. 
  61. ^ "Is it OK for a white kid to dress up as Moana for Halloween? And other cultural appropriation questions". USA TODAY. Retrieved 2018-05-20. 
  62. ^ Susan Scafidi, Huffington Post. Retrieved on 20 December 2012.

External links[edit]