Credit: Clarissa Watson (Unsplash)
“Copyright in the Fashion Illustration Industry”
In the dynamic world of design, where creativity knows no bounds, the protection of intellectual property becomes a pivotal concern for creative businesses, especially those in the field of design.
This blog delves into the intricacies of safeguarding creative works on an international scale, particularly under the Berne Convention, with a focus on a hypothetical yet all-too-common scenario in the fashion illustration industry.
Case Study: A Fashion Illustrator’s Dilemma
Imagine a talented fashion illustrator, who, after years of honing her skills, proudly showcases her unique illustrations on her website.
One day, she stumbles upon a surprising discovery: her artwork, which she had displayed as part of her online portfolio, is now the main feature of a new range of crockery and stationery by an overseas brand in the United Kingdom.
To add insult to injury, her name is nowhere to be found on these products, blatantly disregarding her moral rights to be attributed as the author of the drawings.
What steps can she take to address this infringement and protect her rights?
Understanding the Berne Convention
So she is here in Australia and the problem has arisen in the UK – what can she do?
The Berne Convention plays a crucial role in this scenario. It’s an international agreement that provides a framework for recognising and enforcing copyright protection among member countries. For our illustrator, the first step is to determine if the United Kingdom, where the infringement occurred, is a member of the Berne Convention. Fortunately, it is.
This means her work should be automatically protected there, just as it is in her home country.
Member vs. Non-Member Countries
The list of Berne Convention members is extensive, including most nations worldwide, such as the United States, United Kingdom, Australia, Canada, Japan, Germany, France, Italy, India, and Brazil.
However, there are some non-member countries as well like Iraq, Somalia, South Sudan, and East Timor, where the situation could be more complicated due to different legal frameworks.
Navigating International Copyright Law
In cases of copyright infringement, the law of the country where the infringement occurred applies. This means our illustrator needs to understand the UK’s copyright laws or seek professional legal advice to navigate this complex situation effectively.
Practical Steps for Protecting Your Copyright
Monitor Your Work: Use online tools to track where and how your work is being used globally.
Act Quickly in Case of Infringement: Prompt action can significantly improve the chances of a favourable resolution.
The Value of Copyright Protection
For creative businesses in design, understanding and utilising international copyright laws is crucial.
While the process can be complex, especially when dealing with infringements overseas, it’s a worthwhile endeavour to ensure your creative works are protected globally.
Disclaimer: Remember, the list of members of the Berne Convention can change, so always check the most current information.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.