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Copyright in Fashion: What’s Protected?

Writer's picture: Amy NAmy N

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So, you’ve designed a killer dress, a snazzy pair of jeans, or the next must-have handbag. Congrats! But how do you keep others from ripping off your hard work? Welcome to the world of copyright in fashion—a bit like having a fashion police, but with more paperwork and fewer uniforms.

First off, let’s get one thing straight: Copyright doesn’t protect the *idea* of your garment. It protects the *expression* of that idea. Think of it this way: If you’ve just sketched out the next big trend—a dress inspired by peacock feathers—those specific drawings and designs are protected, not the concept of “peacock feather dress” itself. If someone else comes up with their version of a peacock dress, tough luck—unless they outright copied yours.


Now, what exactly is covered? According to the U.S. Copyright Office (USCO) and the World Intellectual Property Organization (WIPO), here’s the rundown:


1. **Original Sketches and Patterns**: Your hand-drawn designs and patterns are considered “artistic works.” This means they’re protected from the moment you put pencil to paper (or stylus to tablet, if you’re fancy like that).


2. **Fabric Prints**: Unique prints and patterns on your fabric are also protected. That means your one-of-a-kind floral print is off-limits for copycats.


3. **Jewelry Designs**: If you’re branching out into accessories, your original jewelry designs can be copyrighted too. No one should be able to legally clone your bling.


4. **Photos of Your Work**: Those high-fashion photos you post on Instagram? Protected. So if someone’s using your images without permission, they’re stepping on your copyright toes.


What’s not protected? Functional aspects of fashion, like the cut or shape of your garment, aren’t covered. So if your new jacket design has a revolutionary zipper, the zipper itself isn’t protected—just the specific look of the jacket in your sketches.


Remember, while copyright gives you some hefty protection, it’s not a magic shield. It’s up to you to monitor the market for knock-offs and enforce your rights. Think of it as a necessary evil—like taxes, but for your wardrobe.


Stay stylish and savvy, and keep those designs under wraps until you’re ready to strut them out!

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