Lieke Penders 12.05.2026
In fashion, the original is never secure. Designs circulate quickly: they are worn, seen, copied, and modified as they move across bodies, classes, and markets. From the late nineteenth century onward, as industrial production made clothing widely accessible, originality ceased to be self-evident and had to be actively asserted. As fashion became increasingly visible and reproducible at scale, copying stopped being an exception and became a pillar of the fashion system. 1In response, designers sought ways to assert authorship and distinction. Labels, signatures, numbering systems, and specialised techniques emerged as material claims of originality in attempts to prove their authorship. Yet fashion’s dependence on imitation complicates any straightforward notion of proof. While originality is continuously asserted, copying enables fashion to circulate, renew itself, and maintain hierarchies of distinction. Legal scholars describe this dynamic as the Piracy Paradox: in fashion, weak protection of the original does not undermine creativity but sustains it, accelerating trends while reinforcing the symbolic authority of those positioned as originators. 2Rather than asking whether originality can ever truly be proven in fashion, this analysis stays with the tension itself. It follows moments when designer Madeleine Vionnet sought to assert authorship precisely as copying became unavoidable. It traces how proof is staged, materialised, and negotiated within a system that depends on imitation to function.
Figure 1. Thayaht, Tuta, 1919. Public domain. Image via Wikimedia Commons.
Fashion has long been understood as a social system driven by imitation, in which distinction is produced only to be undone through copying – a dynamic that keeps fashion in constant motion. 3 When approached as an industry rather than a form of social behaviour, copying emerges not as a marginal practice but as a defining condition. Unlike art or literature, fashion has historically resisted stable forms of intellectual property protection. Garments are functional as well as expressive, making it difficult to separate aesthetic design from use. As a result, copyright rarely applies, design patents are slow and costly, and trademarks protect names rather than garments themselves. What can usually be owned is not the dress, but the label attached to it. 4Sewn directly into the fabric, labels therefore emerged as crucial material claims of authorship. Historians such as Regina Blaszczyk and Véronique Pouillard have shown how, from the late nineteenth century onward, labels enabled designers to attach identity, reputation, and origin to garments that were otherwise easy to reproduce. Rather than preventing imitation, labels made originality legible within a system already structured by reproduction. 5Recent legal scholarship has reframed this condition not as a weakness, but as one of fashion’s defining dynamics. Kal Raustiala and Christopher Sprigman describe this dynamic as the Piracy Paradox, arguing that weak intellectual property protection does not hinder creativity in fashion but sustains it. Copying accelerates the circulation of styles, shortens trend cycles, and reinforces the symbolic authority of those recognised as originators. While the Piracy Paradox addresses the diffusion of styles rather than individual garments, it helps explain why copying does not erode authorship but instead plays a central role in stabilising it. 6
Figure 2. 1921 Vionnet "Petits chevaux" dress. Musée des arts décoratifs, Paris. Photograph by Jean-Pierre Dalbéra. Image via Wikimedia Commons. Licensed under CC BY-SA 2.0 (). The original image was cut.
The tensions between originality, imitation, and proof become particularly visible in the work of Madeleine Vionnet (1876–1975), one of the most influential couturiers of the early twentieth century. Often credited with revolutionising modern dress through her mastery of the bias cut, her designs were celebrated for their technical innovation, sculptural construction, and close relationship to the moving body. At the same time, precisely because of this novelty, her work became a frequent target of imitation. 7During the 1920s, haute couture operated within a system in which copying was not incidental but structural. Paris designs circulated rapidly through sketching, memory, and adaptation, feeding a network of so-called copy houses that specialised in reproducing couture garments at a fraction of the original price. 8 Their copyists attended couture shows, discreetly sketching or memorising garments, which were then reconstructed for broader markets – particularly for export to the United States, where demand for Paris fashion was especially strong. 9 Operating in a legal grey zone, these businesses kept records to a minimum, relied heavily on cash transactions, and obscured accounting practices. For many designers, including Vionnet, it was a system so resilient that escape was nearly impossible. Yet rather than attempting to eliminate copying altogether, she sought to manage it through a range of material strategies that asserted authorship while reluctantly permitting circulation. Alongside public campaigns against unauthorised copies, she actively licensed her designs and patterns, using contractual agreements as a practical way to assert authorship in a field where formal intellectual property protection remained limited. Eva Boex, for instance, acted as an authorised agent permitted to sell official copies of Vionnet’s work. 10 These garments were labelled with Boex’s name followed by the phrase “licensed by Vionnet,” functioning as a material form of proof that distinguished sanctioned copies from both couture originals and illicit reproductions. In 1926, Vionnet announced plans to produce ready-to-wear adaptations herself, marked with a label reading “repeated original,” shifting from external licensing to direct production in order to retain greater control over authorship and execution. 11Vionnet’s concern with proof extended beyond licensing. She implemented labels bearing her name, numbered her designs, and meticulously documented her collections through photography and archival albums. In 1923, she introduced one of her most striking claims of authorship: the imprint of her own fingerprint stamped onto the garment label. 12 Intended as an irreproducible marker of originality, the fingerprint translated bodily identity into material evidence. Yet even this intimate gesture did not prevent copying. Instead, it rendered originality visible as something that had to be continuously asserted within a system structured by reproduction.
Figure 3. 1924 Blue evening dress with pearl embroidery. Berlin State Museums, Kunstgewerbemuseum. Photograph by Stephan Klonk. Image via Staatliche Museen zu Berlin. Licensed under CC BY-SA 2.0.
While publicly condemning plagiarism, Madeleine Vionnet actively participated in controlled forms of reproduction through licensing agreements, authorised copies, and planned ready-to-wear adaptations. 21 Copying, in this sense, was not external to her practice but built into it. The visibility of copies helped establish her authority as an originator, while material claims of authorship worked to stabilise that authority within an inherently unstable system. Originality did not precede imitation; it gained meaning through it.This logic has not disappeared. If anything, it has intensified. In contemporary fashion, the distance between appearance and imitation has grown ever shorter. Styles now circulate through runway images, social media feeds, and digital platforms at a pace that allows designs to be copied, adapted, and redistributed almost instantly. Ultra-fast fashion operates within this accelerated loop, translating silhouettes, colours, and construction details into mass-produced garments in a matter of days. What circulates is often not a single garment, but a recognisable style – detached from a specific author, yet still anchored to the idea of an origin, as described by the Piracy Paradox. 22These conditions place renewed pressure on the notion of proof. When styles are reproduced before they have even settled, material claims of authorship struggle to keep pace. Labels, branding, and narrative framing become ever more important, even as their ability to stabilise originality grows more fragile. Yet this acceleration does not undermine fashion. As the Piracy Paradox suggests, copying does not halt innovation but fuels it, intensifying the need for continual renewal. 23 Fashion does not question whether originality can be proven – only how long the proof will last.
Figure 4. Unauthorized reproduction of Madeleine Vionnet’s Petits chevaux dress, c. 1921–22. The Museum at FIT, New York. Photograph by the Museum at FIT. Image via Wikimedia Commons. Licensed under CC BY-SA 2.0.
_____ Lieke Penders, is a fashion and design researcher, curator, and writer based in Stockholm. She holds an MA in Design Cultures from Vrije Universiteit Amsterdam. Her work explores how fashion objects circulate within broader social, cultural, and economic systems, with a particular interest in originality, copying, trend forecasting, and questions of authorship in fashion.
1. Georg Simmel, “The Philosophy of Fashion,” American Journal of Sociology 62, no. 6 (1905): 541–558.
2. Kal Raustiala and Christopher Sprigman, The Knockoff Economy: How Imitation Sparks Innovation (Oxford: Oxford University Press, 2012).
3. Georg Simmel, “Fashion,” International Quarterly 10 (1904): 130–155.
4. Kal Raustiala and Christopher Sprigman, The Knockoff Economy: How Imitation Sparks Innovation (New York: Oxford University Press, 2012), 64–68.
5. Regina Lee Blaszczyk, The Color Revolution (Cambridge, MA: MIT Press, 2012), 154–160; Véronique Pouillard, Paris to New York: The Transatlantic Fashion Industry in the Twentieth Century (Cambridge, MA: Harvard University Press, 2021), 45–52.
6. Raustiala and Sprigman, The Knockoff Economy, 118–123.
7. Betty Kirke, Madeleine Vionnet (San Francisco: Chronicle Books, 1991), 9–15.
8. The Museum at FIT, Faking It: Originals, Copies and Counterfeits (New York: The Museum at FIT, 2014), 18–25.
9. Véronique Pouillard, “Design Piracy in the Fashion Industries of Paris and New York in the Interwar Years,” Business History Review 85, no. 2 (2011): 319–344.
10. Kirke, Madeleine Vionnet, 150–152.
11. Kirke, Madeleine Vionnet, 152–153.
12. Museum at FIT, Faking It, 72–73.
13. Madeleine Vionnet, Albums de modèles déposés, no. 1113, archives donated to the Union française des Arts du Costume, Paris, 1952; see also Kirke, Madeleine Vionnet, 78–81.
14. Kirke, Madeleine Vionnet, 80.
15. Musée des Arts Décoratifs, Paris, “Robe du soir (Petits chevaux),” collection record, accessed 3 January 2026,.
16. Museum at FIT, Faking It, 72–73.
17. Kirke, Madeleine Vionnet, 146–148.
18. The Museum at FIT, New York, accession no. 76.125.1, unauthorised reproduction of Madeleine Vionnet’s Petits chevaux dress.
19. Museum at FIT, Faking It, 74.
20. Kal Raustiala and Christopher Sprigman, The Knockoff Economy: How Imitation Sparks Innovation (Oxford: Oxford University Press, 2012), 118–123.
21. Véronique Pouillard, Paris to New York: The Transatlantic Fashion Industry in the Twentieth Century (Cambridge, MA: Harvard University Press, 2021), 120–145.
22. Agnès Rocamora, “Hypertextuality and Remediation in Fashion Media,” Journal of Fashion Marketing and Management 16, no. 1 (2012): 92–106; Elizabeth Wissinger, This Year’s Model: Fashion, Media, and the Making of Glamour (New York: New York University Press, 2015), 33–58.
23. Kal Raustiala and Christopher Sprigman, The Knockoff Economy: How Imitation Sparks Innovation (Oxford: Oxford University Press, 2012), 41–68.
Blaszczyk, Regina Lee. The Color Revolution. Cambridge, MA: MIT Press, 2012.
Kirke, Betty. Madeleine Vionnet. San Francisco: Chronicle Books, 1991.
Musée des Arts Décoratifs, Paris. “Robe du soir (‘Petits chevaux’), Madeleine Vionnet.” Collection record. Accessed 3 January 2026..
Museum at FIT. Faking It: Originals, Copies and Counterfeits. New York: The Museum at FIT, 2014.
Pouillard, Véronique. Paris to New York: The Transatlantic Fashion Industry in the Twentieth Century. Cambridge, MA: Harvard University Press, 2021.
Pouillard, Véronique. “Design Piracy in the Fashion Industries of Paris and New York in the Interwar Years.” Business History Review 85, no. 2 (2011): 319–344.
Raustiala, Kal, and Christopher Sprigman. The Knockoff Economy: How Imitation Sparks Innovation. Oxford: Oxford University Press, 2012.
Rocamora, Agnès. “Hypertextuality and Remediation in Fashion Media.” Journal of Fashion Marketing and Management 16, no. 1 (2012): 92–106.
Simmel, Georg. “Fashion.” International Quarterly 10 (1904): 130–155.
Simmel, Georg. “The Philosophy of Fashion.” American Journal of Sociology 62, no. 6 (1905): 541–558.
Vionnet, Madeleine. Albums de modèles déposés. Archives donated to the Union française des Arts du Costume, Paris, 1952.
Wissinger, Elizabeth. This Year’s Model: Fashion, Media, and the Making of Glamour. New York: New York University Press, 2015.