Tuesday, 31 May 2022

Copyright in Fashion Law

 Copyright in Fashion Law

By Shagun Mahendroo


Fashion is a massive sector that encompasses everything from design to production to retail and everything in between. Fashion will never go away, whether it's through web retailers or Instagram; people will always buy things, and there will always be cases where someone copies a fantastic idea.

If we don't have copyright protections in place, our ideas, creativity, and business model are all vulnerable to theft.

Your designs and creativity come from within you, and they deserve to be protected.

Whether you're in the fashion industry or not, intellectual property is the foundation for safeguarding your concept and idea. The body of law that protects the creative process is known as intellectual property.

It's merely an intangible asset. Because nothing is designed in a vacuum, intellectual property affects every part of what a fashion firm does, starting with how products are designed.

Copyright, trademarks, and patents are all examples of intellectual property law.

Let's discuss about copyright's function in fashion legislation. The copyright would not protect the cut of the clothing, but it would cover the designs, according to the court.

Fashion design, which is an original artistic work and thus unable to be registered as a design under the Designs Act, 2000, will be granted copyright protection under the Copyright Act, 1957, in the form of copyright in original artistic work.

A copyright is nothing more or less than the ability to duplicate something. It originally means "right to copy," but it has come to refer to the set of exclusive legal rights granted to copyright owners in order to safeguard their work.

When a copyrighted work is reproduced, distributed, performed, publicly displayed, or converted into a derivative work without the consent of the copyright owner, it is called copyright infringement.

It is a way to protect your intellectual property, and if someone is copying, distributing, or modifying an original piece of work, you can take legal action against them. If someone takes your work and modifies it, but the original creativity is still discernible and prevalent, you can also pursue legal action against them. Its purpose is to stimulate more artistic creativity and expression by providing creators more control over their work. You have a copyright on your work the moment you put pen to paper to draw or put your unique thoughts into it.

Fashion designers have complained that their work is being duplicated, and that design piracy is taking place. In the fashion sector, there has been an ongoing dispute about copyright protection against piracy. Because piracy is so common, fashion designers should take the initiative to apply copyright protection, which ensures that their designs remain exclusive and that no one can reproduce or sell them without their permission.

The cut of a shirt, for example, is not protected by copyright because it has two arms and buttons.

Sabyasachi's lehenga outfit, for example, is not protectable in and of itself, but the design of the lehenga is.

It's also important to keep track of the research and development of your work, whether it's iterations, draughts, mood board inspiration, or tech packs. The more data and actual information you have that supports the original creation of this original piece of content, the better.

The more preparation you can do ahead of time to ensure that this piece of work is original and based on a distinct idea and concept, the better.

is properly yours, and if you do have a copyright infringement case, make sure you have the tools necessary to back up your copyright claim.

Well, copyright does not need to be registered; it is inferred once you make and distribute a piece, and if you are making an original work, you will automatically acquire copyright protection; however, if something goes wrong, you now have copyright protection under the law.

Design registration in India is valid for ten years, with an extra five years of protection (application for renewal).

Only registered designs are protected under the design legislation. Fashion designers who have not registered their designs would be unable to benefit from this legislation.

They are unable to bring a lawsuit seeking damages and an injunction against further unlawful copying of their ideas.


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