Fashion designers, particularly in India, stand as cornerstones of creativity and innovation while contributing significantly to a multi-billion-dollar industry. However, unlike musicians, they struggle to fully safeguard their creations. With the fashion industry’s growth, there has been a surge in public awareness of trendy designer products, underscoring the need for stronger copyright protection and formal design registration of apparel, jewellery, and footwear. Although fashion is a lucrative field, it remains susceptible to various risks without adequate protection.
Understanding Copyright Protection in Fashion
Copyright is one of the most widely recognized forms of intellectual property worldwide. The Copyright Act of 1957 grants authors and creators exclusive control over their works, protecting their intellectual property and encouraging creativity. However, it offers limited protection for fashion designs. This is primarily because garments and other fashion creations do not easily fall within the established categories of artistic works, such as graphic designs, photographs, sculptures, architectural works, or artistic craftsmanship.
Design rights cover the distinctive features of an item, whether two-dimensional or three-dimensional, such as its shape, arrangement of lines, colour schemes, surface patterns, and overall configuration, all protected under the Designs Act of 2000.
Indian fashion designers often view their creations, including fashion designs, as artistic expressions they want to protect. However, Indian courts have clarified how to distinguish between an “artistic creation” and a “design” under the Designs Act of 2000 through several key cases. A pivotal case in this regard was Rajesh Masrani v. Tahiliani Design Pvt. Ltd., where the Division Bench of the Delhi High Court ruled that it was not mandatory to register a work to seek damages for copyright infringement.
In the case of Microfibres Inc vs. Girdhar & Co & Anr., the Delhi High Court clarified the distinction between artistic works protected by copyright and designs that can be registered under the Designs Act. The plaintiff, who made upholstery materials, sued the defendants for copyright infringement over the designs used in these materials. The defendants argued that since they had reproduced the design more than 50 times and could register it under the Designs Act, the plaintiff had no claim under either the Copyright Act or the Designs Act. The Division Bench, while rejecting the Plaintiff’s claim of copyright infringement, held that “…a famous painting will continue to enjoy the protection available to an artistic work under the Copyright Act. A design created from such a painting for the purpose of industrial application on an article, which has features of shape, configuration pattern, or ornament or composition of lines or colours and which appeals to the eye, would also be entitled to design protection in terms of the provisions of the Designs Act. Therefore, if the design is registered under the Designs Act, the design would lose its copyright protection under the Copyright Act but not the original painting. If it is a design registrable under the Designs Act but has not been registered, the design would continue to enjoy copyright protection under the Act so long as the threshold limit of its application on an article by an industrial process for more than 50 times is reached. But once that limit is crossed, it would lose its copyright protection under the Copyright Act. This interpretation, in our view, would harmonize the Copyright and the Designs Act in accordance with the legislative intent.”
Copyright vs Design Protection
Copyright law protects original artistic creations, covering any work that is fixed in a physical form. This is one end of the intellectual property spectrum. In India, the Designs Act mainly protects both the aesthetic and functional aspects of a design applied to an item, whether it’s a two-dimensional or three-dimensional feature.
In the case of Eastern Book Company & Ors. v. D. B. Modak and Anr., the court established a new way to understand “originality.” For fashion designers, this means that while hard work is important, their designs also need to show a degree of creativity and uniqueness to qualify for copyright protection.
Common Infringements in Fashion
Design plagiarism involves copying or imitating someone else’s design, and terms like “knockoff,” “counterfeit,” and “piracy” are often used to describe this. Fast fashion is a common business model where companies quickly produce cheap versions of high-fashion designs, making them available to the public at lower prices within weeks.
Leveraging Copyright for Designers
Designers face a choice between copyright protection and design registration because, according to Section 15 of the Designs Act, a design already covered by copyright cannot be registered under the Designs Act. Given that copyright provides longer-lasting protection, many designers prefer to use it as their main method for securing their designs.
Designers and fashion brands leverage copyright laws to protect their design collections, stop others from copying their unique patterns, and claim ownership of their creative work to prevent imitation and design theft. It encourages innovation by rewarding original designs, which helps fashion brands establish a unique identity and attract consumers looking for authentic products.
When collaborating or sharing design ideas with manufacturers or partners, it’s wise to use Non-Disclosure Agreements (NDAs). These contracts lock in confidentiality, ensuring that designs stay private and aren’t used or revealed without approval.
Emerging Trends and Future in Fashion
With the rise of digital fashion and virtual fashion, traditional intellectual property laws face new challenges. 3D printing makes it easy to replicate designs from digital files, creating challenges for design protection. Digital copyright laws protect online creations just like physical works. Designers need to stay vigilant and register their copyrights to safeguard their intellectual property.
Conclusion
In summary, India’s copyright laws play a key role in protecting unique fashion designs and artistic creations. While practical design elements aren’t covered, designers can still secure their intellectual property through design registration and automatic protection from the moment of creation. Balancing innovation with legal safeguards is crucial for the growth of India’s dynamic fashion industry.
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