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The Legal Framework_ Understanding Copyright Law in India

The document discusses the significance of copyright law in protecting creativity within the Indian fashion industry, highlighting key provisions of the Indian Copyright Act, 1957. It emphasizes the need for stronger intellectual property protections due to the rise of online shopping and fast fashion, and showcases notable cases that have shaped copyright enforcement for fashion designers. Ultimately, it advocates for increased awareness and enforcement of copyright laws to foster a sustainable and innovative fashion ecosystem in India.

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16 views3 pages

The Legal Framework_ Understanding Copyright Law in India

The document discusses the significance of copyright law in protecting creativity within the Indian fashion industry, highlighting key provisions of the Indian Copyright Act, 1957. It emphasizes the need for stronger intellectual property protections due to the rise of online shopping and fast fashion, and showcases notable cases that have shaped copyright enforcement for fashion designers. Ultimately, it advocates for increased awareness and enforcement of copyright laws to foster a sustainable and innovative fashion ecosystem in India.

Uploaded by

jayaranjini4834
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE LEGAL FRAMEWORK: UNDERSTANDING COPYRIGHT LAW IN INDIA

Gianni Versace, one of the most iconic fashion creators, once remarked, "Fashion goes with
the feeling of the moment." Fashion is often seen as an expression of emotion, brought to life
through innovation and creativity in new styles and trends. However, to safeguard this
creativity, it is crucial to implement more stringent laws that protect originality and
uniqueness within the fashion industry. In India, Intellectual Property Rights (IPR) grant
creators the ability to not only protect their work but also to take legal action against those
who infringe upon or exploit their innovations.

The fashion industry, driven by its constant evolution and the introduction of the latest trends,
plays a significant role in maintaining brand popularity and reputation on a global scale,
contributing to the nation's economy. Given this, it has become essential to protect ideas from
theft and combat the counterfeiting of products, especially those sold online through fake
websites at lower prices, exploiting the reputation and goodwill of original brands.

In the 1800s, the concept of intellectual property rights began to take shape with the Paris
Convention, which sought to encourage unified efforts across international jurisdictions. This
foundation was further strengthened by the Berne Convention. Notably, the first-ever fashion
trademark was registered in 1858 by a Persian couture house. In the United States, the
Copyright Act of 1976 extended protections to fashion designers, granting legal safeguards
for their creative works.

COPYRIGHT LAW IN INDIA:

Sections 13, 14, 15, and 22 of the Indian Copyright Act, 1957 provide key provisions related
to the protection of fashion designs and garments. Fashion and clothing designs may fall
under the category of "artistic work," making them eligible for copyright protection. This
allows the author of the artistic work to have exclusive rights, which include:

● Reproducing the work in any form, whether tangible or digital.


● Depicting a three-dimensional work in two dimensions or a two-dimensional work in
three dimensions.
● Making the work publicly accessible.
● Authorizing the public to acquire copies.
● Incorporating the work into films.
● Creating adaptations.

In the case of Amarnath Sehgal v. Union of India and Ors., Hon'ble Justice Jaspal Singh
issued an interim order to protect the plaintiff's moral rights. Sehgal's mural at Vigyan
Bhawan had been damaged, compromising his honour as the creator. While the lawsuit
reached the court too late to restore the mural (filed in May 1992), the court ordered that no
further damage be inflicted. The sitting judge, known for his appreciation of art and a sense
of poetic justice, ensured the protection of Sehgal's reputation as an artist.

The case of Rajesh Masrani v. Tahiliani Design Pvt. Ltd. (2009) was pivotal in establishing
that fashion designs receive stronger protection as original artistic works under copyright law,
compared to the protection offered by the Designs Act, 2000. This ruling has led fashion
designers in India to prefer seeking copyright protection for their designs, as the Designs Act
does not offer the same level of protection. Consequently, copyright law has become the
favoured route for safeguarding the creativity and originality of fashion designers' work in
India.

THE DOCTRINE OF EXHAUSTION AND FASHION RESALE

A fashion designer holds the exclusive right to share their work with the public and distribute
copies of it. However, once the design—such as a gown—is sold, the designer loses control
over its subsequent movement. This is because, under the Doctrine of Exhaustion, the item is
considered already in circulation, and the designer's rights over its further sale or transfer are
exhausted.

A recent example of this concept can be seen when Kim Kardashian auctioned off her iconic
Met Gala gown, originally designed by a renowned designer. Once she acquired the gown,
the designer had no control over the auction, showcasing how the doctrine operates in the
fashion industry.

Manish Malhotra, a leading figure in Bollywood fashion, is renowned for his glamorous and
contemporary designs. His collections often showcase intricate embroidery and lavish
detailing. Malhotra has effectively utilized copyright law to protect his creative works from
imitation. In 2020, he publicly addressed issues of plagiarism when another brand replicated
one of his iconic lehengas. By invoking copyright protections, he demonstrated the
importance of safeguarding unique fashion designs from unauthorized reproductions.

Sabyasachi Mukherjee vs. Fast Fashion Brands:

Renowned designer Sabyasachi Mukherjee has publicly addressed instances where fast
fashion brands have copied his signature designs, particularly his bridal collections. He
emphasizes the importance of protecting traditional craftsmanship and originality in fashion,
advocating for stronger enforcement of copyright laws.

THE ROLE OF FASHION WEEKS :

Events like India Fashion Week and Lakmé Fashion Week serve as platforms not only for
showcasing creativity but also for raising awareness about copyright issues. Many designers
use these platforms to discuss their experiences with copyright infringement and the
importance of legal protections.

CONCLUSION

The importance of copyright in the Indian fashion industry cannot be overstated. With the
increasing prevalence of online shopping and fast fashion, the need for robust intellectual
property protections has become more critical than ever. Copyright law not only protects
designers’ rights but also promotes innovation by ensuring that creators can reap the benefits
of their labour.

As the Indian fashion industry continues to evolve, designers need to be aware of their rights
under copyright law and actively protect their creations. Strengthening copyright enforcement
and raising awareness about intellectual property rights will contribute to a healthier and
more sustainable fashion ecosystem in India, fostering an environment where creativity can
thrive.

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