Fashion 101: Copyright Laws in Fashion

I watched this very interesting TED talk last week, it is Johanna Blakley talking about “copyright law’s grip on film, music and software barely touches the fashion industry … and (how) fashion benefits in both innovation and sales.” The video is 15 minutes long, but defintiely worth watching, and it also raises some intersting points about copyright protection in the fashion industry.

The video looks at how the fashion industry had fewer regulations than other creative industries, and how fashion ideas are very difficult to protect. The first example she discusses is that of Miuccia Prada, when out shopping, buys a vintage Balenciaga jacket, in order to copy the idea and put it into her own collection. My readers in the fashion industry will be aware of this type of activity, it is called research. Essentially, part of the process of finding ideas for a collection is to take other designer’s clothing, and translate it for your own collection. As the TED talk points out, in some industries this might be considered copyright infringement. In the case of fashion, it is just how we get our ideas.

Left, Steve Madden shoe, right, Balenciaga shoe.

Is this wrong? Sometimes, yes. It is wrong when Steve Madden takes Balenciaga’s shoe design,  makes a few minor changes to it, and sells it as his own. It is wrong when Topshop copies Chloé‘s dress design (and they had to destroy over a 1000 dresses when Chloé protested over the design.) But top designers don’t do that, they are much smarter and much more imaginative. And they don’t want to copy other designer’s work, they just want to be inspired by it.

Left, See by Chloé dress, right, Topshop dress.

The design research process involves many sources of inspiration, including travel abroad, books, artwork, and culture. Designers also buy clothing for inspiration, which can include very vintage pieces, old costumes, traditional dress found on their trips around the world, and other pieces of old clothing. Sometimes they take inspiration from other designer’s work, usually old work, but sometimes newer work, although it is almost never direct copies of recent designer’s work. I am sure Miuccia would take the aforementioned vintage Balenciaga jacket, and transform it into her own design, making serious modifications ot the original piece.

When I was at Sonia Rykiel, we used to have a guy, (who had the best job in the entire world) whose role it was to travel to flea markets around the world, and buy items of clothing and accessories that he felt we could use as inspiration for our collections. (Don’t ask me how to get into this line of work, if I knew, that is what I would be doing.) One season he brought us a whole bunch of bags, which I assumed were all vintage pieces. At the end of the season, we got rid of the ones that hadn’t been used, so I was allowed to take two home.

A few weeks later, I discovered that one of the bags was sold in a Paris shop, located quite close to our design studios. I also realized that the bag was a design from a new brand, and was being sold as part of the current season. Soon after, I noticed that the second bag was also from a young designer’s current collection. Basically, the items we were using for ideas for our future collection were not only old vintage pieces, but also the work of unknown young designers trying to break into the industry.

At the time, it came as a surprise to me. Then I learnt that this was commonplace in the industry. The young designers were coming up with great ideas, and we were considering stealing them. Those two particular bags never influenced our collections, although I am sure that we had at some point copied other designer’s work.

Left, Marc by Marc Jacobs, right, Wallis.

There are few laws that really protect garment designs, but the ones that exist are set up to protect large companies, and rarely small designers. When Steve Madden copied Alexander McQueen‘s boot, they sued him. But when a small designer gets copied by a larger brand, there isn’t much that they can do. Big brands like Louis Vuitton and Gucci have to deal with thousands of counterfeits, therefore they need to rely on the strength of their brands and the quality of their product, to convince customers that the cheap knockoff at a fraction of the price is not worth buying. But small companies, who don’t have powerful brand identities and legal teams, struggle to protect their designs and brand identities.

Left, Alexander McQueen, right, Steve Madden.

What can we do about this? Nothing really. It is the reality of the industry, which is cut throat for nearly everyone in it. Not all big brands copy from young designers, but many do. Fast fashion brands often steal ideas from designer brands, and they are rarely caught out, because copyright laws make it very difficult for designers to protect their ideas.

Sucks, doesn’t it? If you are a small brand, and patenting, trademarking, and even registering design ideas is too expensive for you, there are a few ways you can protect yourself. Keep records of everything you do. If your design is copied, you can use items like press clippings, documents from factories/printers/photographers, etc… as evidence that you designed the idea before the other company. The old fashioned way of sending yourself a copy of all your designs, before they go out into the public domain, can also help. A postdated, stamped, sealed envelope can be used as evidence in court, just make sure not to open the envelope!

Read other Fashion 101 posts:

Fashion 101: How Magazines Cover Trends

Fashion 101: Where do Fashion Trends Come From?

Fashion 101: Designers with Two Jobs

Fashion 101: How Haute Couture Works

Fashion 101: Magazines and their Advertisers

Image sources:
Alexander McQueen and Steve Madden shoe.
Chloé and Topshop yellow dresses.
Steve Madden and Balenciaga lego shoes.
Marc by Marc Jacobs and Wallis floral dresses.

If you want to see more, Fashionista’s Adventures in Copyrights posts a lot of the high street copies.