Haute Couture as a work protected by copyright
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Ημερομηνία
2017-05-05
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Eleni Koutsopoulou, Haute Couture as a work protected by copyright, School of Economics, Business Administration and Legal Studies, International Hellenic University, 2017
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This dissertation was written as part of the MA in Art, Law and Economy at the International Hellenic University.
The research is focused on application of Copyright on haute couture creations due to their specificity. Being the art of supreme technical mastery and virtuoso execution that is illustrated on the haute couture apparel. Thus, the haute couture products are more close to the concept of art in comparison to the prêt-à-porter apparel where attention is put on their utilitarian status and their lack of originality. When haute couture products embody the element of originality, Copyright law is applicable as they depict the artistic talent of designer and their uniqueness not only in the shape but also in the construction. Therefore, for applying Copyright law it should be examined whether haute couture products fall within the definition of works, as defined and indicatively referred to the Copyright laws in Europe and the U.S.A. and the research is focused on Copyright Law and on examining the different approaches in several legal systems in Europe and U.S.A. In Europe, the protection of haute couture apparel is closer to Copyright law, compared to US law which is closer to trademark, trade dress and industrial design. Finally, it is examined whether introduction of 3D-printing in the area of haute couture affects the application of Copyright law, as well as if there is a need for amending the existing provisions, so as to deal with the challenges of the new technologies in this business area.
Keywords: haute couture, prêt-à-porter, fashion design, 3D-printing, copyright.
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Copyright, Haute Couture, Fashion design, 3D-printing