From Fashion Brand to Artwork: Divergent Thinking, Copyright Law, and Branding

Marlena Jankowska () and Berenika Sorokowska ()
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Marlena Jankowska: Faculty of Law and Administration, University of Silesia in Katowice, PL-40-007 Katowice, Poland
Berenika Sorokowska: Faculty of Law and Administration, The University of Warsaw, PL-00-927 Warszawa, Poland

Laws, 2023, vol. 12, issue 3, 1-19

Abstract: The purpose of this study is to explore the interaction between copyright, branding, marketing, and heritage protection with regard to a fashion brand. The authors use analytical-critical and legal-dogmatic methods, supplemented with desk research, a case study approach, and a review of the marketing literature. This paper argues that the top-tier fashion brands use the concept of artification in order to build their brands, mesmerize clientele, and increase revenues. Although design and reference to the arts play a major role in the luxurious and premium end of the fashion business, this analysis proves that the top players do not necessarily observe the appropriate laws in these areas. The reader will see examples of the flouting of basic legal constraints by big players, e.g., copyrights or property rights, including the monetisation of the creativity of others with the expectation of no legal challenge. Offenders capitalise on the likelihood that a legal suit is too demanding for smaller players, such as foundations or museums.

Keywords: fashion; art; brand; copyright law; cultural heritage; European Union law; art appropriation (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2023
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