The Law is NOT Fair to Fashion Designers.
Sometimes justice is served—the guilty and/or liable party is made to pay for the wrongs they’ve done.
And sometimes, the law is just NOT fair, particularly when it comes to protecting the rights of creative content in whatever form it may take. All too often it seems like the law protects the thief—the copyright infringer. Many people believe that copyright infringers are allowed to make money off of someone else’s creative content—with the blessing of the law. Fashion designs fall within that category.
Copyright Protection.
A copyright is a legal form of protection granted to an original work of art or authorship, which has been reduced to a tangible, fixed format. Examples of items that can be protected by copyright are books, articles, website content, photos, blog posts, sculptures, architectural designs, and even ship hulls. Yet, while a ship’s hull can be protected, an original fashion design cannot. To some people that is seen as a flagrant injustice.
Fashion Designer Loses to Copyright Infringer.
In a recent case, the designer and manufacturer of a prom dress sued its competitor for copyright infringement, and the case was dismissed in favor of the alleged copyright infringer.
The court’s decision provides useful information for any young and creative designer, who wants to protect their fashion designs. The court said that the prom dress designer failed to show that “the artistic elements of its dress design are physically and conceptually separable from their utilitarian function and thus are protected by copyright.”
There is legislation in the works, which will hopefully change the law, but we are not there yet.
So what does this mean for you—the fashion designer?
1. Separate design elements from the functionality. When designing fashions that you want to protect by copyright, make sure the artistic and creative elements of your designs are not tied to the functional elements. Add your creative touch to the non-functional or unnecessary parts of the design.
2. Consult with a copyright attorney early, and throughout your design process, to ensure that after you’ve invested hard work and money, no one steals your content without paying you for it.
Until next time, I’m Attorney Francine Ward. Join my conversation on my Facebook Fan Page
Francine D. Ward
Attorney-At-Law, Author, Speaker
Follow Francine:
Don’t miss Francine’s Latest Blogs:
- Trademark Check.Trademark check. When it comes to protecting your trademark, the most important step in the process is to choose a trademark that can be protected. The selection of your mark… Read more: Trademark Check.
- Register TrademarkRegister Trademark. In the world of business, trademarks are crucial assets. They are symbols of your brand’s identity and reputation. While trademark registration isn’t mandatory in the United States, it… Read more: Register Trademark
- Trademark SearchTrademark Search. Trademark search. It’s important to understand the concept. The second most important step in the trademark process is clearance. Trademark clearance is another term for the trademark search.… Read more: Trademark Search
- FTC Endorsement GuidesFTC Endorsement Guides. In today’s digital age, the lines between genuine recommendations and paid endorsements can often become blurred. Such misconceptions make it essential for consumers to be able to… Read more: FTC Endorsement Guides
- Right of PublicityWhat is the Right of Publicity? The right of publicity is a legal concept that prevents the unauthorized use of an individual’s identity for commercial purposes. Depending on the state,… Read more: Right of Publicity
Don’t miss Francine’s Latest Blogs:
- Trademark Check.Trademark check. When it comes to protecting your trademark, the most important step in the process is to choose a trademark that can be protected. The selection of your mark… Read more: Trademark Check.
- Register TrademarkRegister Trademark. In the world of business, trademarks are crucial assets. They are symbols of your brand’s identity and reputation. While trademark registration isn’t mandatory in the United States, it… Read more: Register Trademark
- Trademark SearchTrademark Search. Trademark search. It’s important to understand the concept. The second most important step in the trademark process is clearance. Trademark clearance is another term for the trademark search.… Read more: Trademark Search
- FTC Endorsement GuidesFTC Endorsement Guides. In today’s digital age, the lines between genuine recommendations and paid endorsements can often become blurred. Such misconceptions make it essential for consumers to be able to… Read more: FTC Endorsement Guides
- Right of PublicityWhat is the Right of Publicity? The right of publicity is a legal concept that prevents the unauthorized use of an individual’s identity for commercial purposes. Depending on the state,… Read more: Right of Publicity