The problem lies in the fact that fashion receives extremely limited copyright protection. The lack of protection allows for copycat brands to essentially steal designers’ work and sell it for much cheaper.
What is copyright infringement?
Copyright infringement is a violation of an individual’s rights to original, creative works such as books, music and movies.
Fashion is a notoriously tricky business when it comes to intellectual property protection. In America, fashion designs receive limited copyright protection unless they have distinct features that distinguish them from other garments, but European law offers designers and brands more protection for their clothing designs.
Designers are clamoring for legal changes that will give their works greater protection, but until Congress makes those changes, fast fashion companies like Forever 21 and H&M will continue to produce cheap copies of their designs. This not only impacts the bottom line of designers, but it also has negative environmental and health effects on consumers as the sartorial equivalent of fast food begins to flood the marketplace. Luckily, it is possible to combat copyright infringement in the fashion industry through diligent documentation and enforcement of your intellectual property rights.
How do fast fashion companies infringe on copyrights?
Some fashion designers have accused fast fashion companies of stealing their designs. However, it’s difficult to pursue legal action as fashion only has limited copyright protection.
Despite this, there is no doubt that fast fashion companies steal design ideas all the time.
Other times, fast fashion companies are found appropriating cultural intellectual property from poorer countries. Clovia Hamilton of Stony Brook University writes that these instances of piracy are often disguised as corporate social responsibility initiatives. Ultimately, current copyright laws fail to adequately protect the creative proficiency that fashion requires. This allows companies like SHEIN to freely take designer ideas and turn them into inexpensive knockoffs.
What are the consequences of copyright infringement in the fashion industry?
For fashion designers, copyright infringement can be devastating. It undermines the hard work and artistic skill that went into creating a design. In addition, it can reduce the value of luxury fashion designs by flooding the market with copies of the originals.
The lack of adequate intellectual property protection is also bad for established luxury brands.
This is a problem that cannot be solved by fashion-specific laws alone. The law needs to be revised so that it can better protect the creative proficiency of fashion design.
How can you avoid copyright infringement in the fashion industry?
With so many indie designers calling out fast fashion brands for stealing their designs, it’s worth exploring how copyright protection can combat this issue. While there have been several attempts to pass laws granting limited copyright protection for fashion designs, none have been successful thus far.
However, unintentional legal errors that occur during a trademark application can void textile copyrights and open up companies to lawsuits needs read more hear.
