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Fashion Licensing and Copyright
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Fair use
Fair use is a legal doctrine that permits limited use of copyrighted material without permission under certain circumstances. In fashion, this could apply to parody designs or educational use but does not typically excuse commercial reproduction.
Cease and desist letter
A cease and desist letter is a document sent to an individual or business to halt purportedly illegal activity. In fashion, these letters are often sent to stop IP infringement, such as unauthorized use of designs or trade dress.
Trademark
A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source. In fashion, trademarks protect brand logos and names, ensuring that only the brand can produce goods under that name.
Copyright
Copyright refers to the legal right granted to the creator of original works of authorship, such as designs. In fashion, copyright can protect original textile patterns, but not the functional aspects of clothing.
Non-disclosure Agreement (NDA)
An NDA is a legally binding contract establishing a confidential relationship. In fashion, NDAs are used to protect sensitive information, such as design concepts or production methods, when shared with potential partners or employees.
Infringement
Infringement is the violation of a law or a right. Within fashion, this occurs when a party produces goods that illegally copy or use aspects of another entity's intellectual property (e.g., design, logo, trademark).
Royalty
Royalty is a fee paid to a property owner for the use of their IP typically based on a percentage of sales. For fashion brands, this is common in licensing agreements where designers receive a royalty from sales of licensed products.
Public domain
Public domain refers to works of authorship that are no longer under copyright protection. In fashion, designs that are in the public domain can be used by anyone without infringement, typically because the copyright has expired.
Counterfeit goods
Counterfeit goods are unauthorized replicas of the real product. These are illegal and problematic in the fashion industry as they frequently infringe on brand trademarks and the quality is often inferior, damaging brand reputation.
Moral rights
Moral rights protect the personal rights of an artist or author, regardless of any copyright transfer. In fashion, this can ensure that creators are credited for their work and that it is not modified in a way that could harm their reputation or honor.
License agreement
A legal contract permitting one party to use another's intellectual property. In fashion, licensing is common for designers who want to expand their brand without producing the items themselves, allowing others to produce and sell items under their brand.
Trade dress
Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers. For fashion, this includes the design, color, and texture that make a product identifiable.
Non-compete clause
A non-compete clause prevents an individual from competing against a former employer for a certain period after leaving the company. In fashion, it might be included in contracts to protect trade secrets when a designer or executive leaves.
Intellectual Property (IP)
Intellectual Property refers to the creations of the mind that are legally protected. In fashion, this includes designs, logos, and brand names, which are crucial for brand identity and are often protected by copyright, patents, and trademarks.
Patent
A patent is an exclusive right granted for an invention, which in the fashion industry can apply to unique fabrics, manufacturing processes, or even innovative clothing designs that offer a new solution or benefit.
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