Fashion: Your Copyright or Mine ?
Posted on 3rd Aug 11 by Jo Linehan | 
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Off the back of our continued discussions on downloading, rights and IP, Jo Linehan applies the debate to the world of fashion.
When you write a song (lyrics and music) that song belongs to you. It is your intellectual property. Bruce Springsteen to Pitbull, this rule applies - and anyone who uses the music or lyrics must pay the owner for its use. You cannot use the identity of the song for your own profit without the according copyright. When you design this season’s ‘it’ bag, coat or boots this rule does not apply; Burberry may produce a shearling jacket and Topshop, Penneys and every other high street shop can knock themselves out emulating the high end creation. They do not have to pay any kind of creative royalty of copyright to Christopher Bailey for putting his idea together.
Seems a little unfair, doesn’t it ? Thus is the conundrum of intellectual property laws when it comes to fashion – there are none! Fashion is not protected in the same way music or film is. This benefits the consumer. Personally, there’s no way I could afford to wear the trends I love to try out each new season if it meant I had to buy them from their designer origins. High-street interpretations (nicer word than ‘knock-offs!) allow the masses to hop aboard the trend wagon within their financial reach.
But are the top designers missing out? And in terms of their creative input do they feel robbed when the high-street makes literally millions from their ideas ? The fact that the laws haven’t changed to prevent garment duplications must mean this is a part of the industry the designers are OK with. After all, we all know when we buy a leopard print scarf from Heaton’s it s not the same quality as the Marc Jacobs version sitting in Brown Thomas.
But many designers, especially up and coming ones, are feeling the pinch and certainly feel helpless that their creations can be whittled down to the lowest common denominator and sold for very little while they struggle to keep producing. Alexander McQueen, and Balenciaga all filed lawsuits against lower-priced brand names including Forever 21 and Steve Madden for copying their looks in the last few years. Mostly they have been unsuccessful because there are no laws to protect them.
As Head of the Council of Fashion Designers American (CFDA) Dianne Von Furstenberg is in support of creating legislation to protect designers in the same way so many other artists are. In a recent letter she wrote, “Starving artists, struggling writers and independent filmmakers all at least own the rights to their work. Emerging designers, however, remain vulnerable to knockoff artists who can steal ideas straight off the runway and produce copies before the originals even reach stores.’’
Fashion brand logos are of course permitted from being copied. Meanwhile, the ‘knock-off’ bag business is a huge money spinner on the black market.
Laws may change soon. Louboutin are currently suing Yves Saint Laurent for producing platform heels with red soles – a well known feature of Louboutin shoes. Can Louboutin argue that this is their trademark and ultimately their idea ? Here the lines between original creativity and free use are blurry.
Whatever the case, give creative and intellectual property a think. Do we own what we dream up or, for the greater good, are all of our ideas , once voiced, free to be used by whoever deems them worthwhile and useful?
What do you think?
Read more about fashion copyright here :
http://www.elleuk.com/news/fashion-news/let-the-shoe-wars-begin/(gid)/788085
http://www.businessoffashion.com/tag/copyright
http://www.copyright.gov/docs/regstat072706.html
photograph : image.com
YSL knockoff?
Louboutin's original.
Tags: copyrights, IP, Louboutin, Yves Saint Laurent
