Brief understanding of intellectual property law. Clothes are not protected

The foundation of copyright law is similar in every country. Copyright protects all original works. In the creative industry, copyright covers, among other things,literature, music, choreography, drawings, paintings, sculpture, applied arts, architecture, video, and photography.

In Indonesia, copyright law also protects batik prints and wayang (traditional puppet performance). Previous copyright law amended in 2004 has been included in Law No.28/2014.

For original artwork, copyright is automatically in place at the moment of creation even without registration –although registration provides a second layer of protection by making the artwork official. Logo, trademark, and patent, on the other hand, have to be registered for protection.

The law, however, doesn’t protect ideas, systems, methods, concept, principle, data, and findings. In order for an artwork to be protected, it has to have a tangible form. Copyright law also doesn’t protect functional items, such as fabric and garment. In other words, people can replicate the silhouette and design of clothes as long as they don’t use the original prints or brand’s logo.  That is how fast fashion operates without legal boundary.

France has a slightly different law for fashion. Fashion is classified as applied arts. Therefore, garment design in the fashion industry, including fashion show, is protected by copyright. European law is more protective towards fashion compared to the US. The first intellectual property lawsuit over a dress was filed by Yves Saint Laurent in 1994. Yves Saint Laurent accused Ralph Lauren of copying a black tuxedo dress that Saint Laurent first created in 1966 and showed again during the haute couture fall collections for 1991-92.