Fashion in IPR mode: Rohit Bal, Anju Modi, Anita Dongre copyright designs as plagiarism spreads
Rohit bal, the famous fashion designer in India had his whole collection copyrighted. Following him the other famous fashion designers like Anita dongre and anju modi copyrighted their collection too ahead of Fashion Design Council of India’s (FDCI) ‘India Couture Week’ this year.
Even though the awareness regarding the IPR protection has grown the law relating to fashion designer’s rights is not very clear. Creative works such as artistic work are protected under the copyrights act.
For example, a ‘Kerala Kasavu’ sari is a hand woven cream sari with a golden border, worn through ages by girls in Kerala. In Kerala Kasavu saris, the basic design (cream sari with a golden border) stays the identical. Therefore, the creativity or originality of the dressmaker lies merely inside the design of the shirt or any print brought to the sari.
USAGE OF COPYRIGHTS FOR THE PROTECTION OF DESIGN
Copyright is the legal and exclusive right to copy, or permit to be copied, some specific work of art.If a person owns the copyright on something, someone else cannot make a copy of it without that person’s permission.Copyright usually originates with the creator of a work, but can be sold, traded, or inherited by others.
Copyright protects the authors against any stealing of their work by the other person and benefitting it from their work without the original author getting any reward.
Clothing design, though it is considered as a form of artistic expression by the people who practice it, continues to be considered a pratical product and not eligible for copyright protection.A fashion design has different meanings. It could mean sketches,signature color,it
could also mean the fabric and different element cut and pieced together and also the graphic design on the clothing
3 reasons for copyright protection
Your work is your asset. A person should protect their ideas or piece of creative work.As it is that person's asset and could have considerable value in future. And by protecting it under the copyrights act you can protect your work for decades.
2.Protect your rights
If a person has protected their work under the copyrights act they can sue the other party whosover is using their product and earning profits and the losses suffered by the party can easily be recovered from the other party i.e the party being sued.They have to compensate the party which had the copyrights protection for all the losses sufered by them.
Licensing is the way forward
Licensing is just a legal way of protecting your work.If a person has copyrighted a work and it has attracted the interest of other parties in the world.The person who has licensed his work can benefit from the other party who has an interest in it and they can financially benefit it from them of their usage.By allowing them to use their work and in return they will take a part of their revenue.
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