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The contemporary fashion world often uses works of art to create new, original collections. However, such use of artists' work not only inspires, but also raises legal and ethical questions. How does copyright protect artists? Is the use of works of art in fashion an expression of tribute or rather a commercial procedure? In this article, we'll take a look at the boundaries between inspiration and copyright infringement.
World-famous fashion houses, such as Yves Saint Laurent, Valentino, Rodarte, Erdem or Louis Vuitton, have paid tribute to great artists such as Vincent van Gogh, Piet Mondrian or Pablo Picasso. This has been done by using fragments of their work in collections or using the technique of appropiation, i.e. transforming existing works into new contexts. Currently, many global clothing brands introduce clothes with motifs based on the works of world painters.
Inspiration and copyright – basic principles of protecting artistic works
Copyright protects any manifestation of creative activity of an individual nature - it is said to be its subject. Thus, for example, artistic works fall within the scope of copyright protection. The protection of proprietary copyrights is limited in time and expires after seventy years from the occurrence of the event contained in the closed catalogue, e.g. the death of the author, the date of the first publication of the work, or the date of dissemination of the work, if the author remains unknown. After seventy years, the work becomes part of the public domain, becoming part of the common heritage. Unlike property rights, moral copyrights protect the creator's relationship with the work, which is unlimited in time and is not subject to waiver or transfer. Using the work of another artist without their consent, or the consent of the heirs, may involve a risk of liability under copyright law.
Each of the above-mentioned fashion houses, when the need arose (i.e. the work was not in the public domain), was obliged to ask for consent to legally use the artists' work. Discussion may be opened when we ask ourselves where the border between inspiration and copying the work of art in its entirety and placing it on the piece of clothing selected by the designer blurs. Is the design created by another artist and applied to the product of a given brand something original?
Inspiration or copy? Where is the line?
The line between legal inspiration and illegal copying is sometimes unclear and is the subject of numerous disputes. Inspiration assumes the creation of new, original works that, although referring to earlier motifs, have a distinct character. On the other hand, directly placing someone's work on the product, without making creative changes, may be considered a copyright violation. In fashion, the question often arises whether the design based on someone else's work - even if it is reworked or placed on clothing - is still the original work, or only a copy for commercial use.
The widely commented "Masters" collection created by the Louis Vuitton fashion house with American artist Jeff Koons is an interesting case. The collection - which included handbags and accessories such as scarves and keyrings - contained reproductions of works of art by such masters as Leonardo da Vinci, Vincent van Gogh, Peter Paul Rubens, Titian and Jean-Honoré Fragonard. By releasing the "Masters" collection, the fashion house wanted to encourage viewers to rediscover these works in a new, different light. Of course, each product had the LV logo. The brand's customers were strongly divided into those who loved the new collection and those who did not appreciate it. Clutches, shoppers and trunks with prints of such paintings as "Mona Lisa" by Leonardo da Vinci, "Venus, Mars and Cupid" by Rubens or "Wheat Field with Cypresses" by Van Gogh, became the subject of discussion: is it a marriage of fashion and art or testing certain boundaries?
Ethical and legal challenges
Although copyright law clearly defines the conditions for using someone else's work, there are still questions about the ethical dimension of such use. Is the use of works of art on fashion products an expression of respect and tribute, or rather a marketing tool and a way to quickly profit? How can designers and fashion houses balance inspiration and respect for the creativity and memory of artists?
The world of fashion pays tribute to and recognizes famous artists in various ways, drawing inspiration from their work. An interesting example is the fashion house Yves Saint Laurent, which created a haute couture collection inspired by the work of Pablo Picasso in 1979. This collection was a tribute to Picasso and his cooperation with Sergei Diaghilev on the ballet "Parade". The projects contained elements inspired by various periods of Picasso's work, such as the Blue, Pink and Cubism periods. Inspiration, in accordance with the law, is permitted as long as the newly created work is original and does not constitute a direct copy.
Fashion and art have a lot in common and often intertwine. However, the use of works of art in fashion is subject to strict legal regulations that protect creators and their rights. Inspiration is a natural element of the creative process, but it should be done with respect for law and ethics. Only then can you talk about a real tribute, and not only about the commercial use of someone's work.
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