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Copyright 101: What’s Protected in Your Fashion Designs?

Writer's picture: Amy NAmy N

Updated: Jul 1, 2024

Alright, fashionistas and aspiring designers, let's get real about copyright in fashion. Imagine you’ve just designed a killer dress that could give Versace a run for their money. But hold on, can you slap a copyright on it? Well, yes and no. Let’s break it down.

Cre: DALL·E


First off, copyright protection is like your overprotective aunt at Thanksgiving—it’s got your back but only for certain things. According to the U.S. Copyright law, copyright can protect "original works of authorship" that are fixed in a tangible medium. So, what does this mean for your dazzling dress?


What’s Covered:


  • Original Prints and Patterns: Did you create a unique print for your fabric? Like a whimsical unicorn pattern or an abstract painting? That's protected. Think of it as your fashion fingerprint.


  • Sculptural Elements: If your dress has distinctive sculptural elements, like an extravagant collar that looks like it belongs in a modern art museum, you're in luck. These artistic features are copyrightable. Picture Alexander McQueen’s iconic armadillo boots—those crazy shapes are definitely covered.


  • Graphics and Images: Any original graphics or artwork plastered on your clothing are protected too. Your hand-drawn illustrations of quirky cats or edgy skulls are safe under copyright law.


What’s Not Covered:


  • Functional Aspects: Sorry, but the practical parts of your dress, like its shape or cut, aren’t protected. That means your revolutionary new neckline or the way the fabric drapes (even if it’s totally fabulous) can be copied. Fashion is a dog-eat-dog world!


  • General Design: The overall look and feel of your garment, like a simple shift dress design, isn’t copyrightable. Basic shapes and utilitarian designs are out of luck.


So, while you can’t copyright the silhouette of your fabulous frock, those unique artistic touches are your best friends in the legal world. Remember, in fashion, it’s all about the details. Keep creating, and don’t let the copycats get you down!

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