Copyright and Fashion



Fashion Designs are currently not covered under Copyright Law. There is a huge disparity in design since architectural designs are covered by law and yet Fashion designs are not.

Copyright designs are said to have not been included in the Copyright Law due to the misconception that garment designs are useful articles. Designers claim that the elements go beyond the utilitarian and should be covered.

Another reason for denying Copyright legislation to the Garment Industry is a fear that monopolies would be created and that it would be in the best interest of the general public to deny copyright to fashion designs.

Fashion is very current and changes each season. Often designers will be inspired by other's designs and if copyright legislation included the Fashion Industry, there may be a glut of litigation.

Other acts of law such as design patents, trademarks, trade restrictions are currently the only copyright protection.

It is illegal to use a LOGO from a company without permission and yet the actual design of the garment has no protection. Some portions of a design may be trademark protected such as Calvin Klein embroidery on jeans.

In United States, there is copyright protection of the actual fabric design but not for the actual dress or garment made from the fabric as the garment is deemed to be a utilitarian item. The fabric is protected but the actual garment that is made from the fabric is not covered.

In the United States, a bill called the Design Piracy Prohibition Act (DPPA), would create protection for fashion designs under United States. Law. This would amend the existing United States Copyright Law to include protections for fashion designs.

At present, there is a huge infringement of design ideas by manufacturers copying an exact designing knockoff cheaper versions. Copyright laws do exist in Europe so couture designs are protected. It is hoped by Canadian Designers that Copyright law would protect the moral right of the artists' creations.

The hope by the Fashion Designers is that Copyright law will extend to the artistic creativity of the Fashion Industry and teach the new generation of designers that copying is not allowed.