FASHION LAW AND CULTURAL HERITAGE

THE EXPLORATION OF SYMBOLS AND CULTURAL APPROPRIATION IN THE FASHION INDUSTRY

Abstract

Fashion Law aims to resolve existing conflicts within the fashion industry, regardless of the nature of the dispute involved. Currently, there is still no specific legislation that regulates the issues of this sector, notably about intellectual property. Although the Copyright Law, in theory, does not cover fashion items because of their functional and utilitarian purpose, there are numerous judicial precedents that recognize the "copyright infringement" in cases related to this segment. This understanding stems from the fact that the legislation does not prevent the utilitarian purpose of the objects but requires that they also have an aesthetic purpose. In addition, the same reasoning applies to cultural goods, which can be the object of copyright protection, since their aesthetics, in many cases, provokes sensations and emotions that frame them as artistic works, and, consequently, subject to protection as intellectual property. Also, one must consider the phenomenon of cultural appropriation, very present in the fashion industry. In this context, elements with meaning for certain cultures are used without due care, which can offend or disrespect the communities of origin. Such conduct results in significant economic benefit for companies/brands, to the detriment of the history and social values of these cultures. The appropriate thing, in these circumstances, would be to seek the prior consent of these groups before the use of their symbols and expressions, in addition to considering remuneration. The use of works without the prior authorization of the author and without the financial consideration constitutes a violation of the precepts established by copyright legislation.