As you flip through the glossy pages of fashion magazines or scroll through fashion blogs and social media, you may not readily think of the legal consequences that underlie the world of fashion. However, law plays a critical role in shaping the fashion industry, from intellectual property protection to licensing agreements and product liability. So, what is it about the law that is so intertwined with fashion?
Intellectual Property Rights
Intellectual property rights (IPR) are vital in fashion, ensuring that designers obtain legal protection for their creations. One of the primary forms of IPR protection in fashion comes in the form of trademarks. A well-known brand name, company logo, or design feature can become a valuable and highly sought-after asset. A few examples include Louis Vuitton’s monogram, Gucci’s interlocking G’s, and Hermès’ Birkin bag.
Copyrights also play an important role in the fashion industry, although some of the rules differ in comparison to other creative works. The Copyright Act provides protection for original works of authorship, including fashion designs. However, a garment can only be subject to copyright protection if it has “substantial artistic expression.” Put simply, clothing designs require a level of originality that goes beyond everyday wear, and cannot be just functional items.
Licensing and Contractual Agreements
Licensing and contractual agreements are common in the fashion industry and relate to how designers share and monetize their creations. Licensing agreements are contracts between the fashion designer (the licensor) and another party (the licensee), who wants to use the designer’s artwork, logos, or designs, typically for commercial purposes.
An example of this is the collaboration between Nike and Off-White’s Virgil Abloh in which Abloh was hired in a creative director role to develop new products with Nike’s design team. Contractual agreements in the fashion industry can range from employment agreements, independent contractor agreements, modeling agreements, and non-disclosure agreements.
Product Liability Claims
Product liability is another significant legal issue in the fashion industry, particularly when it comes to consumer safety. Examples of product liability claims include clothing items that contain dangerously flammable materials or items that cause allergic reactions due to particular fabric materials.
An example of this is back in 2015, when a major retailer recalled a line of leggings featuring a print since the dye used in printing was causing some wearers’ pants to become see-through when stretched too far, leading to an embarrassed outcry on social media.
Conclusion
The legal side of fashion is vast, diverse, and constantly evolving, just like fashion trends. Understanding the legal side of fashion can help designers protect their creations, businesses avoid costly litigation, and consumers stay safe. For fashion enthusiasts, the law’s interconnection with fashion could bring a fascinating perspective of an industry that captures the imagination with glamour and individuality.
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