Fashion shows serve as a captivating fusion of creativity, artistry, and commerce, showcasing the latest collections from renowned designers. However, beyond the fashion collections, fashion shows encompass a myriad of elements that contribute to their immersive experience. From the music to the architectural backdrop and even the arrangement of sculptures, these additional components play a crucial role in shaping the overall ambiance and narrative of the presentation. This article explores the intersection of fashion shows and IP rights, delving into the legal considerations surrounding music, set designs, and other elements of the runway spectacle.
Soundtracks & Live Performances: The Music of Fashion Shows Fashion Show Intellectual Property Rights
One integral element of a fashion show is the music accompanying the models as they showcase the latest collections. These carefully selected soundtracks enhance the audience’s perception and reinforce the designer’s vision. The renowned composer, Frédéric Sanchez, has become a legend in the world of runway music. His pioneering work in fashion soundtracks, as showcased in iconic runway moments for Prada, Miu Miu, and Comme des Garçons, highlights the pivotal role of music in enhancing the fashion show experience.
Additionally, the arrangement of copyrighted music into a specific playlist for a fashion show may be protected under copyright. The selection and ordering of songs in a fashion show soundtrack require artistic judgement and creativity. The incorporation of copyrighted material and live performances into runway shows highlights the need for fashion brands to secure proper licensing permission to avoid infringement claims, reinforcing the importance of respecting and protecting intellectual property rights within the industry.
Furthermore, fashion events often feature live performances by renowned artists, such as Kendrick Lamar (Louis Vuitton Spring/Summer 2023), Rosalia (Louis Vuitton Men’s Fall-Winter 2023), and FKA Twigs (Valentino’s Womenswear Spring/Summer 2024) contributing to the show’s atmosphere. Moreover, these performances at fashion shows may imply that the artist’s likeness and brand association become intertwined, potentially implicating publicity rights challenges. As such, these performances entail securing permission for live performances to utilise the artists’ likeness in promotional materials and recordings of the events, ensuring they comply with copyright and performance rights laws.
Lastly, there are legal challenges involved once fashion show content is shared on platforms like YouTube. In such cases, other channels wishing to share elements of the shows’ recordings may need to clear permission. Concerning music, channels generally need to opt for copyright-free music, furthering the importance of addressing these legal aspects within the fashion industry.
Set Design & Architectural Backdrops: Creative Expression on the Runway Fashion Show Intellectual Property Rights
Similarly, the set and architectural design of the show venue contribute to the visual experience of a fashion show. Designers often collaborate with architects and set designers to create environments that complement their fashion collections. However, these set designs may incorporate copyrighted elements or architectural works. For example, Jacquemus’ Spring/Summer 2024 collection was held at the Maeght Foundation, where the venue holds prominent works of art, including Alberto Giacometti’s sculptures. This specific arrangement highlights the symbiotic relationship between fashion and art. Yet, the decor of Jacquemus’ show illustrates the broader IP concepts beyond individual artworks. While, the artworks themselves may have copyright protection, the specific arrangement within the fashion show could still be subject to protection under copyright laws. Furthermore, although the architects or set designers are recognised for their work, the question of ownership for set designs is based on contractual arrangements between the involved parties.
The protection of IP under French law extends to “works of the mind”(ART L-112-1 IPC), adopting an open-list approach to protecting various forms of creative expression. This includes compilations and collections that reflect a creative process and display originality. Similarly, German law grants copyright protection for compilatory works, provided they constitute a personal creation through individual arrangement or selection of contents (Art 2(2) German Copyright Act 1965). Contrastingly, in the Creation Records case {Creation Records Ltd and Another v News Group Newspapers Ltd [1997] EMLR} , the UK court found that the photograph taken during the Oasis shoot, resembling their album cover, did not infringe copyright. The court emphasised the lack of artistic creativity in assembling found objects. The decision highlights a more restrictive approach to copyright protection for derivative works. As such, this case illustrates the different interpretations of copyright law and their level of protection for derivative works across different jurisdictions.
In addition to the originality requirement, the temporary nature of fashion show architectural designs may be important for copyright protection. The requirement of fixation ensures that the work exists in a tangible form to be reproduced and communicated, satisfying the criteria for copyright protection. Some jurisdictions like the UK, may require fixation for copyright protection, while others like China, do not necessarily demand it. As such, fashion show sets may meet this requirement if they are documented or recorded in a way that allows for their reproduction or communication. While the temporary nature of fashion show sets represents a challenge, it does not automatically exclude them from copyright protection in jurisdictions that mandate fixation.
Overall, the incorporation of copyrighted works in fashion shows underscores the importance of complying with the rights associated with both individual artworks and their arrangement within creative contexts. Designers continue to play with fashion and art while upholding the rights of creators and copyright holders.
Catwalks & Digital Distribution: Protecting Creative Expression in the Online Fashion Sphere
The scope of protection for model walks is complex, with some arguing that models lack originality. However, the execution of the designers’ instructions proves otherwise, with UK law mainly according to performers’ rights to models (see other article).
Additionally, today’s digital age introduces broadcasting as an integral element for brands protecting their intellectual property. Fashion houses invest in live streaming, video recordings, and social media content of their runway presentations to reach a global audience. These broadcasts are much more than marketing tools – they also represent tangible manifestations of their creative expression showcased during a fashion show. As such, the legal protection goes beyond the physical event to include the digital distribution of their content. The ruling in the French Ashby v. Gaulme, Kenzo et Lacroix case {Ashby v Gaulme, Kenzo et Lacroix (2008) ; Ashby Donald and Others v France [2013] ECHR 28.} sets precedents in acknowledging fashion shows as copyrightable works. This recognition establishes the determination of authorship and ownership within the fashion industry.
In conclusion, fashion shows represent various intricate elements such as music, set design, and broadcasting, each deserving of intellectual property protection. Each aspect contributes to the unique identity and artistic expression of a fashion presentation. As the fashion industry continues to evolve, the collaborative efforts of designers, technicians, and other creatives contributing to the production of a fashion show highlight the need to effectively safeguard their creative output in the global market.
