Fashion law explained

Fashion law deals with legal issues that impact the fashion industry.[1] Fundamental issues in fashion law include intellectual property, business, and finance, with subcategories ranging from employment and labor law to real estate, international trade, and government regulation. Fashion law also includes related areas such as textile production, modelling, media, the cosmetics and perfume industries,[2] [3] questions of safety and sustainability, dress codes and religious apparel, consumer culture, privacy and wearable tech, and civil rights. Clothing laws varies by country.

History

Fashion has long been subject to legal regulation throughout history, from sumptuary laws that limit who can wear certain garments to trade restrictions and varying degrees of intellectual property protection.[4] [5] However, fashion law was not conceived as a distinct legal field until the mid- to late-2000s.

In May 2004, a group of French lawyers led by Annabelle Gauberti published a supplement entitled "Droit du luxe" (which translates into either "law of luxury goods" or "luxury law") in the prestigious French legal magazine Revue Lamy Droit des Affaires. This supplement explored specific legal and tax issues at stake in the fashion and luxury goods sectors and was one of the earliest analyses of the interactions between the legal field and the fashion and luxury goods industries.

Professor Susan Scafidi offered the first course in Fashion Law at Fordham Law School in 2006, thus creating a new field of legal study.[6] At the same time, Fashion Law courses for designers were developed by Guillermo Jimenez at the Fashion Institute of Technology and Deborah McNamara at Parsons School of Design.[7] In 2008, Scafidi wrote that fashion law was only then starting to be recognized as a distinct area of law.[8]

In 2010, the world's first academic centre dedicated to fashion law, the Fashion Law Institute, launched with the support of Diane von Furstenberg and the Council of Fashion Designers of America. Since then a number of other institutions around the world have offered courses or programs in the area of fashion law. These include the University of Milan,[9] the University of Insubria,[10] the Instituto Brasileiro de Negócios e Direito da Moda,[11] University at Buffalo Law School,[12] Benjamin N. Cardozo School of Law,[13] New York Law School,[14] New York University,[15] the Fashion Law Project at Loyola Law School,[16] [17] the Moda Hukuku Enstitusu in Turkey,[18] the annual Fashion Law Week at Howard University,[19] and McGill University Faculty of Law.[20] Fashion law has also developed into an established field of practice and study.[21] In 2010, designer-turned-lawyer Brittany Rawlings[22] led the first Fashion Law practice group[23] [24] dedicated entirely to issues that arise throughout the life of a fashion business.[25] The New York City Bar Association has had a dedicated Fashion Law Committee since January 2011,[26] and the New York County Lawyer's Association has had a Fashion Law Subcommittee since September 2011.[27]

While double-digit turnover growth is being generated by many companies involved in the fashion and luxury goods sectors, an increasing number of lawsuits are filed in this industry, and more legal practitioners are focusing their practice on this particular industry and sector. The international association of lawyers for the creative industries (ialci) was founded in 2013 during Paris Fashion Week.[28] The goal of the association is to provide relevant, useful business and legal knowledge and solutions regarding the creative industries, including fashion and luxury goods.

Segments of Fashion Law

Intellectual Property

See main article: Intellectual property protection.

Intellectual property protection has been a substantial legal concern in fashion since the emergence of fashion brands in the 19th century.[29] It has been the subject of congressional debate,[30] multiple academic articles,[31] [32] and the first fashion law blog,[33] [34] as well as a major exhibit at the Fashion Institute of Technology Museum in New York.[35] Key issues include:

A prominent related issue has been cultural appropriation, such as the use of Native American or religious designs by commercial fashion brands.[42] [43] [44]

Financing and Corporate Structures

Fashion law encompasses the broad spectrum of issues pertinent to starting and funding a fashion business, such as:

Manufacturing

Legal issues in the production of clothing and accessories include:

Marketing

Legal issues addressed in connection with marketing include:

Retail

Legal issues connected with the retail environment include:

Ethics, Sustainability, and Economic Development

See main article: sustainable fashion.

Concerns pertaining to fashion ethics, sustainability and economic development have had a substantial impact on the industry, affecting both the legal framework and self-regulation initiatives. Important issues have included:

International Trade

In addition to the international implications of issues noted above, fashion law also addresses other matters connected to international business transactions, including:

Modelling Law

The legal status of models has become a prominent issue in fashion law, as exemplified by:

Notes and References

  1. Book: Kolsun . Barbara . Jimenez . Guillermo C. . Fashion law : a guide for designers, fashion executives, and attorneys . 2014 . New York, NY . 9781609018955 . 2 . Second.
  2. Book: Fashion Law: A Guide for Designers, Fashion Executives and Attorneys . Fairchild Publications . 2014 . 978-1-60901-895-5 . Jimenez . Guillermo . 2nd . Kolson . Barbara., pp. iii-xii.
  3. Book: Herzeca . Lois . Fashion Law and Business: Brands and Retailers . Hogan . Howard . Practicing Law Institute . 2013 . 978-1-4024-2051-1. .
  4. Book: Huan, Alan . Governance of the Consuming Passions: A History of Sumptuary Law . St. Martins Press . 1996 . 978-0-31212-922-4.
  5. Beebe . Barton . Intellectual Property Law and the Sumptuary Code . Harvard Law Review . 123 . 809–889 . 2010.
  6. Web site: 2012-03-14. About. 2020-10-01. Fashion Law Institute. en-US.
  7. Web site: Affiliated Faculty and Staff - Innovation Center for Law and Technology . www.nyls.edu . dead . https://web.archive.org/web/20150905091552/http://www.nyls.edu/innovation-center-for-law-and-technology/faculty/ . 2015-09-05.
  8. Book: Scafidi, Susan . Navigating Fashion Law: Leading Lawyers on Developing Client Brands in a Changing Market and Monitoring Key Legal Developments . Thomson Reuters . 2014 . 978-0-314-29318-3 . 2015 . Introduction: Fashion Law Triumphant - Designing Success in a New Legal Field., p. 8.
  9. http://www.fashionlaw.unimi.it/ Fashion Law
  10. Aurucci, Paola. Corso di Perfezionamento in Fashion Law, Vogue Italia, 16 January 2014. Retrieved on 16 November 2014.
  11. "Quem Somos", Fashion Business & Law . Retrieved on 16 November 2014.
  12. http://www.law.buffalo.edu/content/dam/law/restricted-assets/pdf/registrar/c14/sprCourses14.pdf "Spring 2014 Course Descriptions"
  13. http://www.cardozo.yu.edu/courses/fashion-law-practicum "Fashion Law Practicum"
  14. http://www.nyls.edu/academics/j_d_course_of_study/curriculum/ "Courses"
  15. http://www.stern.nyu.edu/AcademicAffairs/Specializations/LawBusiness/ "Law & Business"
  16. Belgum, Deborah. Loyola Law School Carves Out a Program for Fashion Law, ‘’California Apparel News’’, 13 December 2013. Retrieved on 12 December 2014.
  17. https://webdb.lls.edu/courses/ "Course Descriptions"
  18. http://modahukukuenstitusu.org/ Moda Hukuku Enstitutsu
  19. http://www.fashionlawweekdc.org/ Fashion Law Week
  20. https://www.mcgill.ca/law-studies/files/law-studies/sao_courseofferings20152016_20151203.pdf McGill University- Faculty of Law - Course Offerings 2015-2016
  21. Web site: Law Gets Fashionable As Lawyers Learn To Love Litigation . Agence France Press . 16 November 2014 . 12 December 2014 . https://web.archive.org/web/20141203122811/http://www.afp.com/en/news/law-gets-fashionable-labels-learn-love-litigation . 3 December 2014 . dead .
  22. Web site: Rawlings. Brittany. B.Rawlings.
  23. Web site: IP Attorneys Develop Niche Practice For Fashion Industry.
  24. Web site: Will Miami and San Francisco become Fashion Law Hubs - B.Rawlings.
  25. Web site: Rawlings . Brittany . FashionLawHouse.com.
  26. Web site: City Bar Creates New Committee on Fashion Law . 44th Street Blog . 2011-01-10 . 2014-11-16.
  27. Web site: New York County Lawyers Association Launches Fashion Law Subcommittee : PitchEngine : Get the Word Out™ . PitchEngine . 2011-11-02 . 2012-03-09 . https://web.archive.org/web/20120601223006/http://www.pitchengine.com/nycla/new-york-county-lawyers-association-launches-fashion-law-subcommittee . 2012-06-01 . dead .
  28. Web site: The international association of lawyers for the creative industries. 2020-10-01. ialci. en-GB.
  29. Stewart . Mary Lynn . Copying and Copyrighting Haute Couture . French Historical Studies . 28 . 103–130 . 2005 . 10.1215/00161071-28-1-103.
  30. Web site: A Bill to Provide Protection for Fashion Design: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, Second Session on H.R. 5055 . U.S. Government Printing Office . 27 July 2006 . 13 December 2014.
  31. Scafidi . Susan . F.I.T.: Fashion as Information Technology . Syracuse Law Review . 59 . 69 . 2008.
  32. Raustiala . Kal . Sprigman . Christopher . The Piracy Paradox: Innovation and Intellectual Property in Fashion Design . Virginia Law Review . 92 . 1687 . 2006.
  33. Web site: Mitchell . Dan . Fashion's Cutthroat Edge . New York Times . 22 August 2006 . 13 December 2014.
  34. Web site: The Ladies of Fashion Law! . B.A.F.F.L.E.D.: Business Advice - Fashion Facts - Law and Entertainment Domain . 17 September 2012 . 13 December 2014.
  35. Web site: Knockoffs and Fashion Design Protection . https://ghostarchive.org/varchive/youtube/20211212/z347SXVJAAE. 2021-12-12 . live. . 9 December 2014 . 13 December 2014.
  36. Web site: Elings . Roxanne . Keith . Lisa . Wukuson . George . Anti-Counterfeiting in the Fashion and Luxury Sectors: Trends and Strategies . World Trademark Review . 2013 . 13 December 2014.
  37. Web site: Smith . Ray . Hunting for Fashion's Copycats. Wall Street Journal . 25 April 2012 . 13 December 2014.
  38. Web site: Garber . Megan . The First Bra Was Made of Handkerchiefs . The Atlantic . 3 November 2014 . 13 December 2014.
  39. Web site: Pasquarelli . Adrianne . Fashion Firms Try Wearable Tech . Crain's New York . 10 March 2014 . 13 December 2014.
  40. Web site: Geiger Smith . Erin . Fashion Designers Look to Patents to Fight Knockoffs . Reuters . 12 September 2013 . 13 December 2014.
  41. Book: Scafidi, Susan . Intellectual Property and Fashion Design . Intellectual Property and Information Wealth . 1 . Yu . Peter. Praeger . 2006.
  42. Web site: Stancati . Marguerite . Hindu Goddess Swimsuit Sparks Outrage . Wall Street Journal . 10 May 2010 . 13 December 2014.
  43. Book: Scafidi, Susan . Who Owns Culture? . Rutgers University Press . 2005 . 978-0-81353-606-4.
  44. Web site: Baker . Katie J.M. . A Much-Needed Primer on Cultural Appropriation . Jezebel . 13 November 2012 . 13 December 2014 . https://web.archive.org/web/20141222113033/http://jezebel.com/5959698/a-much-needed-primer-on-cultural-appropriation . 22 December 2014 . dead .
  45. Web site: Hand . Doug . Is Factoring Going Out of Fashion II . Council of Fashion Designers of America . 27 June 2009 . 12 December 2014.
  46. Web site: Binkley . Christina . High Fashion Investment: Inside Jason Wu's Lessons from Private Equity . Wall Street Journal . 11 December 2014 . 12 December 2014.
  47. Web site: Clark . Evan . Brands in the Crosshairs: Private Equity Sets Sights on Fashion . Women's Wear Daily . 9 September 2014 . 12 December 2014.
  48. Web site: Clark . Evan . Michael Kors Valuation Sets New Fashion Standard . Women's Wear Daily . 25 March 2012 . 12 December 2014.
  49. Web site: Zain al-Mahmood . Syed . Safety Groups Agree on Standards for Bangladesh Garment Factories . Wall Street Journal . 20 November 2013 . 12 December 2014.
  50. News: Urbina . Ian . U.S. Flouts Its Own Advice in Procuring Overseas Clothing . The New York Times . 22 December 2013 . 12 December 2014.
  51. Web site: Triangle Fire: In Search of Sweatshops . Sussman, Nadia. New York Times. 25 March 2011.
  52. Web site: Bagli . Charles . New York Seeks to Consolidate Its Garment District . New York Times . 19 August 2009 . 12 December 2014.
  53. Web site: Donadio . Rachel . Chinese Remake the 'Made in Italy' Fashion Label . New York Times . 12 September 2010 . 12 December 2014.
  54. Web site: Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts . Federal Trade Commission - Bureau of Consumer Protection Business Center . 12 December 2014. 2014-07-02 .
  55. Web site: AAFA Hails Effort to Reform Prop 65 . American Apparel & Footwear Association . 7 May 2013 . 12 December 2014 . 10 November 2014 . https://web.archive.org/web/20141110161503/https://www.wewear.org/aafa-hails-effort-to-reform-prop-65/ . dead .
  56. Web site: Richardson . Jeremy . Licensing in the Fashion & Childrenswear Industries . Phillips Nizer LLP . 12 December 2014 . 24 January 2015 . https://web.archive.org/web/20150124092316/http://www.phillipsnizer.com/publications/articles/licensingchildfashion_art.cfm . dead .
  57. Web site: L'Oreal Settles Over Ads That FTC Said Were Deceptive . Reuters . 30 June 2014 . 13 December 2014.
  58. Web site: Sullivan . Mark . Health Apps Could Be Heading Into A HIPAA Showdown . VentureBeat.com . 13 June 2014 . 13 December 2014.
  59. Web site: Robinson . Teri . Neiman Marcus Asks Court to Deny Data Breach Suit Appeal . SC Magazine for IT Security Professionals . 11 December 2014 . 13 December 2014.
  60. Web site: Barneys Case Stirs Talk on 'Shopping While Black' . Crain's New York . 29 October 2013 . 13 December 2014.
  61. Web site: Kopon . Francine . Eaton Centre to Expand for Saks Fifth Avenue Flagship and Include The Bay . The Star . 27 January 2013 . 13 December 2014.
  62. Web site: Global Organic Textile Standard . Ecolabel Index . 13 December 2014.
  63. Web site: Justian . Eric . FTC Green Guides Report Helps Marketers Avoid the Pitfalls of Greenwashing . 19 September 2013 . 12 December 2014.
  64. News: Clifford . Stephanie . Fast and Flawed Inspections of Factories Abroad . 1 September 2013 . 13 December 2014. The New York Times .
  65. Web site: Erlanger . Steven . Point, Shoot, Retouch and Label? . New York Times . 2 December 2009 . 12 December 2014.
  66. Web site: Clifford . Catherine . First Coffee, Now Fashion: Apparel Brands Seek Fair Trade Certification Despite Challenges . Entrepreneur . 17 October 2013 . 12 December 2014.
  67. Web site: TOMS Shoes and the 'Buy One, Give One' Business Model . The Madeleine Brand Show - 89.3 KPCC Southern California Public Radio . 20 March 2012 . 13 December 2014.
  68. Web site: Bose . Nandita . Bhattacharjee . Nivedita . Analysis: India's Online Grey Market for U.S. Clothing Brands . Reuters . 2 August 2012 . 13 December 2014.
  69. Web site: Cotton Exporter's Guide . International Trade Centre. 13 December 2014.
  70. Web site: Levy . Marc . Tax, Transfer Pricing, and Customs Issues Facing the Industry . BakerMcKenzie.com . 28 September 2012 . 12 December 2014 . https://web.archive.org/web/20141216225244/http://www.bakermckenzie.com/files/Uploads/Documents/Global%20Luxury%20%26%20Fashion/pn_taxtpcustomsissues.pdf . 16 December 2014 . dead .
  71. Web site: Clothing, Footwear, and Fashion: International Trade Regulations . UK Trade & Investment . 11 September 2012 . 13 December 2014.
  72. Web site: Povoledo . Elisabetta . Milan Wants to See More Meat on Models . New York Times . 15 September 2006 . 13 December 2014.
  73. Web site: Nota . Bruno . Israeli Law Bans Skinny, BMI-Challenged Models . . 3 January 2013 . 12 December 2014.
  74. Web site: Greenhouse . Stephen . A New Alliance Steps Up to Protect the Next Generation of Models . New York Times . 23 December 2013 . 12 December 2014.
  75. Web site: Spindler . Amy . Trade Commission is Investigating How Designers Set Fees for Models . New York Times . 2 December 1994 . 12 December 2014.
  76. Web site: Catsoulis . Jeannette . Little Cover Girls Star in an Adult Reality . New York Times . 4 September 2012 . 12 December 2014.

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