Fashion & Art Law

This book provides a fresh approach to building a fashion business. I believe that both academics and startup businesses would find this book useful. Karen Edwards, University of South Carolina, USA I think that this text will be very useful to anyone working in fashion. I would certainly recommend it as reference reading to MBA students and to undergraduates who are taking entrepreneurship courses. Thomai Serdari, New York University, USA Learn how to protect your business through prevention with a fashion compliance program. The book takes a merchandise-centric how-to approach. It explains the laws related to fashion compliance including, labeling, marketing, testing, importing and exporting, record keeping, and more. Written by a fashion-law expert, the book includes interviews with professionals and discusses the European Union apparel label law, as well as relevant United States ' laws, to help you run your fashion business.

Artificial intelligence (AI) now infiltrates our culture. After a couple of difficult winters, AI today is a word on everybody's lips, and it attracts everyone's attention regardless of whether they are experts or not. From Apple's Siri to Amazon's Alexa, Tesla's auto-driving cars to facial recognition systems in CCTV cameras, Netflix's film offering services to Google's search engine, we live in a world of AI goods. The advent of AI-powered technologies increasingly affects people's lives across the globe. As a tool for productivity and cost-efficiency, AI also shapes our economy and welfare. AI-generated designs and works are becoming more popular. Today, AI technologies can generate several intellectual creations. Fashion is one of the industries that AI can profoundly impact. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric and jewellery designs, and clothing. When we talk about AI-generated designs, we instead focus on the fruits of innovation - more best-selling apparels, more fashionable designs and more fulfilment of customer expectations - without paying heed to who the designer is. Designers invest a lot of talent, time and finances into designing and creating each article of clothing and accessory before they release their work to the public. Pattern drafting is the first and most important step in dressmaking. Designers typically start with a general sketch on paper; add styles, elements and colours; revise and refine everything; and finally deliver their design to dressmakers. AI accelerates this time-consuming and labour-intensive process. Yet the full legal consequences of AI in fashion industry are often forgotten. An AI device's ability to generate fashion designs raises the question of who will own intellectual property rights over the fashion designs. Will it be the fashion designer who hires or contracts with the AI programmer? Will it be the programmer? Will it be the AI itself? Or will it be a joint work of humans and computers? And who will be liable for infringement deriving from use of third-party material in AI-generated fashion designs? This book explores answers to these questions within the framework of EU design and copyright laws. It also crafts a solution proposal based on a three-step test and model norms, which could be used to unleash the authors, rights holders and infringers around AI-generated fashion designs.

This book features experts from the field of fashion law discussing existing law, predictions for the future, and fashion law as a career.

FASHION LAW AND BUSINESS provides clear guidance on the wide range of legal and business issues faced by fashion industry participants, including designers, suppliers, manufacturers of apparel and accessories, and retailers.

In today's highly competitive global market, fashion designers, entrepreneurs and executives need state, federal, and international laws to protect their intellectual property-their brands and the products by which their customers recognize them. Fashion Law provides a concise and practical guide to the full range of legal issues faced by a fashion company as it grows from infancy to international stature. Updated to reflect recent legal decisions and regulatory developments, this revised edition covers such a vital issues as intellectual property protection and litigation, licensing, anti-counterfeiting, start-ups and finance, commercial transactions, retail property leasing, employment regulations, advertising and marketing, celebrity endorsements, international trade.

In a highly competitive global market, fashion designers and executives need state, federal, and international laws to protect their intellectual property--their brands and the products by which their customers recognize them. Written agreements are essential for the successful management of any fashion business. Fashion Law provides a guide to such vital issues as the application of copyright, patent, trademark; agreements for licensing, selling, and marketing fashion goods; and laws affecting treatment of employees. Fashion law is an emerging legal specialty, and this text provides a foundation for fashion professionals and their legal advisors to work together effectively.

The ready-to-wear apparel industry thrives on creating a presumably original design that is then interpreted into copies. Called design piracy by some and the knock-off process by most in the industry, copying fashion designs is a firmly embedded business strategy that predates even the advent of women's ready-to-wear in the late nineteenth century. Historically, some industry organizations and individual designers accepted and supported copying as crucial to the transmission of fashion; others strove to prevent the practice, arguing harms ranging from lost profits to the abuse of labor. Threaded through the complicated and fascinating history of US ready-to-wear fashion are more than eighty attempts to legislate for design protection, and countless efforts to stymie piracy through patents, trademarking, or industry self-regulation. The authors analyze legal and apparel industry documents; governmental reports; and their own primary research conducted in museums, archives, and special collections to shed light on arguments both for and against design piracy. Knock It Off puts into perspective the conflicting interests that have always set fashion design apart from other creative works and continue to make the industry an endlessly perplexing and risky business. Book jacket.

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.

This book traces the development of the fashion industry, providing insight into the business and, in particular, its interrelations with copyright law. The book explores how the greatest haute couture fashion designers also had a sense for business and that their attention to copyright was one of the weapons in protecting their market position. The work also confronts the peculiarities of the fashion industry as a means of demonstrating the importance of intellectual property protection while pointing out the many challenges involved. A central aim is to provide a copyrightability test for fashion goods based on detailed analysis of the legal regulations in the USA and EU countries, specifically Italy, France, the Netherlands, Germany and Poland. The book will be of interest to researchers and academics working in the areas of Intellectual Property Law, Copyright Law, Business Law, Fashion Law and Design.