Fashion and Copyright: Protection as a Tool to Foster Sustainable Development
Härkönen, Heidi (2021)
Lapin yliopisto
2021
ISBN:978-952-337-265-8
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Julkaisun pysyvä osoite on
https://urn.fi/URN:ISBN:978-952-337-265-8
https://urn.fi/URN:ISBN:978-952-337-265-8
Tiivistelmä
This doctoral dissertation investigates the applicability of the copyright framework to fashion designs from the perspective of sustainable development. The dissertation is based on five (5) peer-reviewed articles and an integrative chapter. In addition to legal research methods, this multidisciplinary thesis utilizes fashion research.
The research systematises the European Union copyright framework and analyses its relationship to fashion. It has a special focus on the distinction between ‘applied art’ and ‘pure art’. The effects of this distinction on fashion are being investigated. The research analyses how the copyright framework of fashion relates to sustainable development of the fashion industry and the sustainability-related challenges that the industry is struggling with. Sustainable development is viewed from the perspectives of environmental, social and cultural sustainability.
The research notes that the European copyright equilibrium has included various structures that have discriminated against works of applied art, which has had direct effects on the level of protection of fashion designs. The discriminating structures, however, are now vanishing due to recent judgements from the Court of Justice the European Union. The research argues that this copyright law development fosters sustainable development in fashion. A copyright framework where fashion designs face extra challenges compared to works of pure art when reaching for protection is facilitating the so-called ‘fast fashion’ phenomenon and -business. Fast fashion in general has negative effects on sustainable development. Moreover, the copyright system includes ‘blind spots’ that allow activities that are counterproductive to cultural sustainability, such as cultural appropriation copying. However, not all fashion copying has negative effects on sustainable development. The research also points out that some copyright law exceptions, such as those permitting private copying, might even be desirable from the perspective of sustainable development. The research furthermore evaluates what kind of sustainability-related copyright challenges the fashion industry might face in the future due to the development of AI designers. Finally, the research presents how copyright law should tackle the aforementioned challenges, and what kind of values and arguments should be considered. The research concludes that copyright can be one of the many legal instruments that can promote sustainable development in fashion.
The research systematises the European Union copyright framework and analyses its relationship to fashion. It has a special focus on the distinction between ‘applied art’ and ‘pure art’. The effects of this distinction on fashion are being investigated. The research analyses how the copyright framework of fashion relates to sustainable development of the fashion industry and the sustainability-related challenges that the industry is struggling with. Sustainable development is viewed from the perspectives of environmental, social and cultural sustainability.
The research notes that the European copyright equilibrium has included various structures that have discriminated against works of applied art, which has had direct effects on the level of protection of fashion designs. The discriminating structures, however, are now vanishing due to recent judgements from the Court of Justice the European Union. The research argues that this copyright law development fosters sustainable development in fashion. A copyright framework where fashion designs face extra challenges compared to works of pure art when reaching for protection is facilitating the so-called ‘fast fashion’ phenomenon and -business. Fast fashion in general has negative effects on sustainable development. Moreover, the copyright system includes ‘blind spots’ that allow activities that are counterproductive to cultural sustainability, such as cultural appropriation copying. However, not all fashion copying has negative effects on sustainable development. The research also points out that some copyright law exceptions, such as those permitting private copying, might even be desirable from the perspective of sustainable development. The research furthermore evaluates what kind of sustainability-related copyright challenges the fashion industry might face in the future due to the development of AI designers. Finally, the research presents how copyright law should tackle the aforementioned challenges, and what kind of values and arguments should be considered. The research concludes that copyright can be one of the many legal instruments that can promote sustainable development in fashion.
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