Contemporary fashion shows involve the projection of stories and performances for which substantial investments and hustling of creative minds are required.

1. Safeguarding Fashion Shows: Copyright Laws on the Runway
Fashion shows in today's time are more than just a couple of models walking the ramp
adorning beautiful clothes and accessories. Contemporary fashion shows involve the
projection of stories and performances for which substantial investments and hustling of
creative minds are required.
Consider the example of Fendi's iconic defile on the water of the Trevi Fountain in Rome
or the angelic performances of Victoria's Secret models coupled with a live music
performance by famous artists. These can and should be legally safeguarded to ensure
that models ethically enjoy adequate protection.
The First Case to Provide Legal Protection: Ashby v. Gaulme, Kenzo et Lacroix

2. In the Ashby case, the Supreme Court opened new doors for including fashion shows in
the non-exhaustive list of copyrightable works found in Article L.112-2. The case was
brought forth by the French Federation of Couture, and five haute couture companies,
which included Chanel, Christian Dior, and Hermes, against three photographers for
uploading photographs and videos of the fashion shows on a website. A strict system to
monitor and regulate the taking of photographs was developed by the French Federation
of Couture, as per which Ashby and the other two photographers claimed that they were
allowed to upload photographs on the internet to report the current event in consonance
with the French Intellectual Property Code and the European Convention on Human
Rights.
In the first instance, the photographers were not found guilty; however, the Paris Court of
Appeal reversed the decision and gave a rather more elaborate form of protection to this
form of art. The Court held that the photographers were guilty of Copyright
Infringement not only of the claimants' apparel but also of the fashion shows
themselves. Later, the photographers moved to the European Court of Human Rights
(ECHR) for the alleged violation of freedom of expression. However, the matter was

3. adjudicated in favor of the claimants again as the ECHR stated that the freedoms
envisaged in the European Convention on Human Rights are not absolute in nature and
are rather subject to some specific duties and responsibilities in addition to conditions,
restrictions, or penalties.
Author of Fashion Shows
Now that it is ascertained that fashion shows can be safeguarded, it is crucial to determine
who shall be considered the owner or author of this kind of work. Fashion shows are
conducted through the cumulative efforts of several artists like architects, set organisers
and designers, sound and light technicians, hairdressers, makeup artists, seamstresses, etc.
One way of safeguarding the rights of each of these contributors is utilizing the option of
'composite works,' where works cannot be segregated into parts. It allows everyone
involved in the process to be recognized as a co-author of the component that is a part of
the communion regime. Therefore, the same shall entitle all the co-authors to
autonomously utilize and exploit the rights vested in the component, which is a
culmination of their effort, unless the same is cited differently in writing.
Another way is to utilize the rights under the regime of 'collective works' where different
components of the work can be broken down into separate segments. It allows individual
and autonomous authorship.
The safest mode of safeguarding these rights is to transfer the rights vested in each
individual to a company. It shall ensure that the rights are safeguarded well. Furthermore,
it shall ensure that same or similar works are not replicated or slavishly imitated to
promote fair competition and mutual appreciation of arts.
Fashion Models as Performers

4. Artists consist of several kinds of performers, not primarily limited to actors, singers,
musicians, or dancers. A reflection of this can be found in the WIPO Performance and
Phonograms Treaty stating that protection can be afforded to "actors, singers, musicians,
dancers, and other persons who act, sing, deliver, declaim, play in, or otherwise perform
literary or artistic works." The Rome Convention also extends a great deal of protection
to performers, which can be deduced to be in favor of the rights of fashion models.
Despite such interpretations, the national laws and regulations do not recognize the work
of fashion models to be included in the definition of 'copyrightable work.' Therefore, this
neglect of policymakers requires a shift from the traditional notions and understanding
of Intellectual Property Rights (IPRs).
Objection to Treat Fashion Shows as Copyrightable Subject-Matter
One objection against safeguarding fashion shows under the copyright regime is they are
a 'volatile' creation. Since they are displayed once and are most likely not to be repeated
in the same medium and format, they have insufficient unity and definition. However, the

5. fashion shows these days, as witnessed, often have a plot, a definite storyline, which
could theoretically be repeated. However, 'fixation' of work or reproducing the same on
paper is a prerequisite for claiming copyright in most parts of the world. But, there are
some territories where less stringent laws apply in this aspect. As can be seen under
Italian law, fixation is not required for Copyright Protection, and therefore, the oral
manifestation of works is also protected. Furthermore, copyright protection in Italy can
be granted to creations that vary over time within the lines of a given plot.
Another commonly raised objection is that unlike dramatic works or artistic
performances, which primarily have a cultural aim, fashion shows have only an
underlying commercial purpose. They are carried out only to support the launch and sale
of fashion apparel and accessories. However, most laws do not impose any restrictions on
the operation of copyright protection for works that have a commercial purpose.
Conclusion

6. Although copyright protection in the domain of fashion shows and runways is
comparatively ill-explored, it would be interesting to note how various national
policymakers make way for such artists in their legal Intellectual Property (IP) regime.
Until the stance on the matter settles, it would be a safer alternative for companies to
conclude agreements clearly indicating and defining the scope of IPRs vested in the many
contributors that aid in the facilitation of such fashion shows. The same would ensure the
due exercise of economic rights in an orderly fashion.