An Alternative to Copyright: How Taxes Might Save Fashion

Credit: I. Tarsis, "@ the French Pavilion at the Venice Biennale" (2026)

By Shelby Jorgensen

Since time immemorial arguments have raged surrounding the question of “what is art.” ^[1] In the mid-to-late 1880s, Impressionism sparked a highly contested shift away from the realistic depiction of life to a more fanciful, expressive style; one criticized for its status as a work of art.^[2] Transporting across national borders and importing goods that did not look like a familiar form or art was subject to serious tariffs. Starting in the twentieth century, photography became the new-fangled medium often disparaged and not seen as “true art.” ^[3]

Modern artists eventually pushed this even further, directly asking with their work when is something art or not: a mouse-like cup?^[4] a urinal?^[5] a duplicated photo of a celebrity?^[6] Today, artworks can range from a single stroke of a brush on canvas to a pile of candy in a corner, to a banana duct-taped to a wall.^[7] All of these items, regardless of their critical acclaim, receive the same level of copyright protection,^[8] yet fashion designs are not provided any protections.^[9] While the artist responsible for the duct taped banana successfully defended his multi-million dollar work in court, the fashion designers responsible for the outfits seen on every fashion week runway must sit back and watch as Fast Fashion brands like Shein or Missguided quickly and cheaply replicate their work.^[10]