INTELLECTUAL PROPERTY
06:07
Intellectual property rights is a term that refers to the way in which original creations and the rights of their creators are protected. Without legal obligations and limitations, someone else might patent your idea or take advantage of your invention leaving the original creator with no rights over their idea. Which is never good!
Personally, I think fashion is a very repetitive industry anyway, the amount of similar ads and trends we witness being copied daily is crazy. High street fashion stores reinterpret the trends from the luxury brands on the catwalk, which I'm sure a vast majority of you own something which has been a reinvention from the catwalk. I myself have a "Chloe" bag from Forever 21 and some "Gucci" slips ons from Topshop. I think it is completely acceptable to be inspired by trends, as fashion is an industry that thrives of inspiration. However when the copies are true stitch for stitch copies and they have recreated the exact look then they usually find themselves in trouble with the law. Elaine Maguire O'Connor, a fashion lecturer argues "The near-identical copies of luxury fashion designs are available on the high street dilutes luxury labels' brand equity and makes their products less desirable, if the luxury customer has seen that design in Primark or H&M, then they're less likely to pay all that money." I do completely agree with this and if it was my designs getting ripped off then I would be annoyed. But me being a 20 year old fashion loving student, I can say I really do appreciate the bargains reinvented from the catwalks as it gives people with less income a chance to be on trend.
Luxury brands do not usually reinterpret other brands designs as they have their reputation at risk, so we only usually see it happening in the high street stores. But when a big brand does appropriate another creators designs it usually gets taken further and could face a lawsuit. Jeremy Scott for example, the creative director of Moschino had a lawsuit filed against him for stealing Graffiti art designs from Joseph Tierney also known as 'Rime". Tierney claimed that Jeremy Scott appropriated elements of the "Vandal Eyes" mural he created on the side of a Detroit building in 2012 into his fall collection for Moschino. The creative director filed to have the graffiti artists case dismissed, arguing that he cannot claim copyright infringement because his work was an act of vandalism and shouldn't be protected by the law. Tierney did not obtain permission from the building in Detroit before creating his mural, which ultimately leaves him with no foot to stand on.
http://d2jv9003bew7ag.cloudfront.net/uploads/Untitled123.jpg
http://www.thefashionlaw.com/home/graffiti-cannot-be-copyright-protected-claims-moschino-jeremy-scott
2 comments
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ReplyDeleteGreat and valuable Post
ReplyDeleteReally happy to say, your post is very interesting.
Thank you so much.
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