Copyright and digital fashion designers: the democratization of authorship?

Abstract

<p>‘Digital fashion’ has been widely recognized by the fashion media and increasingly embraced by companies and institutions. This article gives a multidisciplinary perspective on copyright protection of digital fashion designs. It places particular focus on the concepts of ‘authorship’ and ‘originality’.</p><p>Authorship conventions of the traditional, physical fashion industry differ significantly from those of copyright law. In fashion, generally, authorship is hierarchic and includes many ‘gatekeepers’. However, in digital fashion specifically, authorship is more democratic and resembles its legal definition. This democratizes the authorship practices of fashion, bringing the concept of ‘author’ in fashion closer to the legal meaning of authorship. Moreover, certain practices of digital fashion designers suggest that it might be easier for digital fashion to comply with European Union copyright law.</p><p>The digital leap that the fashion industry is taking deserves to be recognized from an IP law perspective. The diverging meanings of authorship between law and fashion must be inspected to avoid various legal risks related to the ownership of fashion designs.<br></p>