Are you attempting to suggest that how you've dressed is deserving of copyright protection? You'll need to argue that before a judge. I'd bet that you'll have to show that much of your own creations (of clothing or jewelry) are involved, conscious creative effort summoned in deciding what pieces complement others to make the impression you are striving for, etc. If you suggest that making a copyrightable ensemble out of off-the-shelf clothing is permissible, then Levi's gets to claim similar copyright on their "works of art" and no one can ever photograph anyone else wearing them without permission of Levi's. It is my opinion that unless you've done what I mention above (created the parts yourself, etc) then your choice of dress today has no copyright protection.

We can discuss our opinions on the finer details of the ambiguities of copyright until the universe collapses in on itself and it's pointless until you take your case to the courts and get a definitive legal ruling.

The point I'm trying to make is that copyright rules are severely inconsistent. It serves no other purpose than to give people new tools to oppress eachother within the legal system. You know there's a problem when the gray area is so large it requires courts to make decisions like what art is "transformative" and what is not. That is not a court's decision, but because we have things like copyright infringment of media, it is.

Other industries could follow the fashion industry's lead and drop copyright infringment altogether. Somehow they manage survive and innovate without it using just social pressures, not legal pressures.

Involving the courts is by design. Because Congress decided to create this right, and because it's messy, and because creating rules around "messy" is a Hard Problem ... let's involve the courts! As evidence that this was intentional, see "fair use" - no one thinks they're allowed to make a fair use decision without filing a lawsuit.

Point: I get why the courts are involved. But I'm right there with you that the whole system gets used as an oppressive instrument.