Fashion between Inspiration and Appropriation

Barbara Pozzo
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Barbara Pozzo: The Faculty of Law, Department of Law, Economics and Cultures, University of Insubria, Via S. Abbondio 12, 22100 Como, Italy

Laws, 2020, vol. 9, issue 1, 1-26

Abstract: Fashion is considered an element of “cultural identity”. At the same time, it has always been a dynamic phenomenon in which different styles, designs and models converged, acting both as a source of attraction for designers as well as a source of inspiration to draw and depart from in an attempt at innovation. Influences were reciprocal, with the phenomenon of Orientalism going hand in hand with that of Occidentalism . Today’s discussion focuses on the vindication by various ethnic groups of ways to protect their own folklore as expression of their own cultural identity. The questions that arise are manifold. This contribution aims at framing the problem in the nowadays fashion industry as well as investigating the various possibilities of protecting folklore while preserving cultural identity. The discussion will deal with recent studies that have analyzed the various aspects of cultural appropriation. Intellectual property will be taken into consideration as a way to protect folklore. Nevertheless, this article suggests that other options for achieving protection of cultural heritage and folklore emerge in the field of Private Governance and Corporate Social Responsibility that will offer new opportunities to tackle the problem of cultural appropriation in the fashion world.

Keywords: cultural appropriation; intellectual property; traditional knowledge; traditional designs; private governance; Corporate Social Responsibility; folklore (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: 2020
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

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