Copyright Laws in the Fashion Industry

“Should this be a thing? ”

Isabela Acosta
GBC College English — Lemonade
4 min readApr 16, 2019

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Copyright protection is known for putting a stop to any stolen work created by the originator. Artists that are involved in literature, music, film, photography, architecture, as well as visual art, take copyright laws seriously because it gives the ability to refrain anyone from initiating or copying their work. Since fashion is also considered art, copyright protection works differently and here’s why. Image wearing the same black belt because other ones will be considered copying. It’s difficult to have copyright laws in the fashion industry. If copyrights in the fashion industry existed, there would be no further development in work safety, and style evolution. It’s important not to have copyright laws in the fashion industry because instead of innovating, everyone would constantly be stealing and imitating the works of others. Also, it will be difficult to create new artistic innovative work.

Photo by Lauren Fleischmann on Unsplash. Rack of clothes (See image above).

It’s important we don’t have copyright laws because in the end everyone would be copying each other for everything.

This goes for even basic staples of clothing; black or white t-shirts, blue jeans and many more. Nowadays, fashion designers have the assumption that fast fashion companies are copying their clothing and need a form of copyright laws against it; although, designers are doing the exact same. In an article by Isaac Kaplan, argues How Artists Are Fighting Back against the Fashion Industry’s Plagiarism Problem. Kaplan states that fashion brands and designers such as:

“Topman, Zara, Versace, Forever 21, Lane Bryant, Jeremy Scott have been called out by artists for allegedly plagiarizing their work and committed copyright infringement” (para. 2).

As an artist, it becomes unfair that designers are imitating their work, without giving permission and not being able to afford copyright protection within your work. In addition, in 2013 Jeremy Scott annocced his autumn/ winter collection that happened to look exactly like Jimbo Philips’ art work. This surf and skateboard artist was shocked and couldn’t believe what he had seen. In an interview by VFILES with designer Jeremy Scott, he does in fact mention skateboard culture and how he incorporated it into his own work but never talks about the originator Jimbo Philips himself.

Fashion designers don’t need copyright laws against fast fashion, since they’re imitating works of art as well. As a designer, instead of not giving any recognition to artists for initiating their work, they should begin to give credit as they grasped inspiration from it.

It’ll be difficult to create and innovate any artistic work

Every year, fashion is constantly progressing, and expanding in the works of art; museums presenting all new works of clothing in the Met Gala. If fashion were to have copyright laws against all clothing, it would be difficult to innovate anything new and designers won’t be able to use any inspiration that can allow their ideas to stem from. Lots of designers today must draw inspiration to produce a new line of clothing. Throughout fashion history, designers have been capable of creating new types of styles found and retrieved from the past. But to call it their own, they add a tiny bit of change or a twist making it theirs. A quote by Johanna Blakley (managing director and director of research of the Norman Lear Center) states

“The genius is really in curating things from the past and reviving them in the present” (Blakley, 2014).

Having the ability to continuously innovate on clothing, does bring out a “genius”. Given the power to constantly innovate eventually creates greater intelligence. For example, finding better ways to further develop work uniforms for the safety of employers, creating much less harmful clothing that can affect the earth’s environment, etcetera. An article called “From Frivolity to Sustainability: Why Technology and Innovation Matter for The Future of Fashion” found in Forbes magazine, an author states

“Fashion and textiles is considered the second largest polluter in the world after oil. It also accounts for 10% of global carbon emissions, uses a quarter of chemicals produced worldwide each year, and falls just behind agriculture in the amount of water it consumes” (Arthur, 2016).

Photo by Henry & Co. on Unsplash. Pollution on the earth (See image above).

If copyright laws existed in the fashion industry no advancement in clothing can be done, to save the earth and the water it consumes. Innovation is super important in fashion because with the right technology, we can find ways to make clothing less harmful, more biodegradable and it allows us to improve upon the environment.

Overall

It’s important not to have copyright laws in the fashion industry because instead of innovating, everyone would constantly be imitating the works of other artists’. Also, it will be difficult to create new artistic, innovative work. It’s unfair to let fashion designers who don’t have copyright protection to steal other artists work, who do have copyright protection laws. Also, without the development of clothing, we cannot continue to progress in building better comfort, safety and environment for the future. Because of fashion, it has given people the opportunity to be unique, to express one’s creativity and share their vision with the world. It gives us the ability to define who we are, as well as our interests. However, if we are to have laws against clothing, it will refrain everyone from having the ability to express who they are.

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