Runway to rip-offs: How copyright protects your creations

Fashion weeks have come to a close. If you're a designer, stylist, or fashion lover, you're likely to be buzzing with inspiration. But at what point does taking inspiration cross the line into copying? And what can you do if someone steals your design?

We’ve previously covered design rights and using your name as your brand (i.e. trade mark). Now it’s time to introduce copyright - the often-overlooked middle child of intellectual property, but one that packs a punch when it comes to protecting your work.

Copyright: Your fashion shield

To illustrate the scope of copyright protection and differentiate it from other forms of IP, let’s take Gucci as an example. The Gucci logo? Trade-marked. The interlocking G buckle? Likely protected by a design right. The sketch of that buckle and the garments or shoes it’s attached to? This is where copyright comes in. However, copyright could also protect the Gucci logo too. It is more of an elastic concept than trade marks or designs. I refer to copyright as the middle child for this reason.

For the purposes of this article, we will focus specifically on artistic copyright, as this is the most applicable to fashion. But it is worth being aware that copyright also protects literary, dramatic and musical works, sound recordings, films and broadcasts. Its breadth, which is unique as a form of IP, makes it a key form of protection for your arsenal!

A couple other benefits of artistic copyright:

1. Copyright protection is automatic (in the UK and EU). That’s right - no forms, no fees, no government approvals! The moment your work is created and recorded (e.g. as a sketch or digital design), it’s protected by copyright.

2. It lasts a lonnnnng time. In the UK, it lasts for your lifetime plus 70 years. After this point, it becomes public domain and cannot be “renewed”.

What qualifies for artistic copyright in the UK and EU?

Copyright arises when a work meets the following conditions:

1. It is the “right” type. Your creation must be the type that is “copyrightable”. (Yes, this is an official word!)
a. Artistic works: This includes paintings, sculptures, drawings, engravings (including etchings, lithographs, woodcuts, and similar works), photographs, diagrams, maps, and works of architecture; and
b. Works of artistic craftsmanship: These are items that exhibit both artistry and craftsmanship, such as pottery, jewellery, or stained glass

2. It’s original.

3. It’s fixed. Your work must manifest in some fashion (pun intended). You can’t sue someone for stealing an idea from your mind! Ahem – Bear this in mind when sharing ideas with investors.

Fashion law is having a moment, but figuring out what actually counts as copyright-worthy is still a bit of a grey area. Courts are getting better at recognising fashion as artistic works, but the rules aren’t always clear-cut. Case in point: last summer Danish courts called out Steve Madden for copying Ganni’s studded ballerina flats, which they agreed had copyright protection. But just last month, German courts ruled that Birkenstock’s sandals aren’t copyrightable. So… what gives?

It all comes down to function vs. fashion. Courts are more likely to protect designs that go beyond just being practical. Those chunky metal studs on Ganni’s flats? No function, all fashion. But Birkenstock’s two leather straps? Those literally hold the sandal together, so it’s harder to argue they’re artistic enough for copyright. Bottom line? The more your design leans into creativity over function, the better chance it has of getting copyright protection.

A note on originality

You might be thinking, isn’t originality subjective? And you’re not wrong. While the UK and EU courts assess “originality”, know that their threshold is low. A mere modicum of creativity will suffice.

Let’s take Victoria Beckham’s suits as an example. A suit itself isn’t original. We’ve seen thousands. But the oversized blazers, androgynous silhouettes, and balance of structure and movement in the 2025 autumn collection? That’s distinctively hers.

However, you can’t copyright trends. Think about it – if this were the case, Matthieu Blazy could stop anyone from making a tweed suit. By checking for originality, courts ensure fashion remains open for evolution while protecting individual artistic expression.

How do I enforce my rights?

Now that you understand copyright, you can use this to ensure that others don’t rip off your design (i.e. infringement). You can also better understand boundaries when it comes to taking inspiration.

If, for example, a bigger brand copies your sketches, you could take legal action. You will need to prove the following:

1. That you are the author of the original work.

2. They had access to your work (e.g., they saw it in a showroom or online).

3. A substantial part of your work was copied.

It’s important to note that what constitutes a “substantial part" of your work is judged qualitatively, not quantitatively. So, if someone copies the key element of your design, even copying that one element may be enough to constitute copyright infringement.

If you win your case, the court may order the infringing party to stop using your design and even award you financial compensation.

Can I borrow from the runway?

Yes! Runways are here to inspire! Just be mindful. You won’t get away with taking a design from the catwalk and only changing the colour or taking an inch off the hemline. That’s because you will have copied a “substantial” part of the designer’s copyright. Minor modifications will not be enough to ward off an infringement claim. It’s not a numbers game. So, if you change more than 3, 5 or more features, it will not necessarily put you in the clear.

But you can introduce some boho elements following a Chloe show, get your midriff on (we’re looking at you, Stella McCartney), or play with proportions ala Saint Laurent. Feel free to inject trends or sources of inspiration into your designs – just make sure to add your unique spin.

How to protect your work proactively

While copyright is automatic, you can take extra steps to protect your creations. Here are some tips.

Keep dated records of your designs – Sketches, mood boards, and digital files with timestamps can help prove ownership. Nowadays, a modern way of having an independent authentication of this is through using a blockchain.

Copyright notice – To put third parties on notice that you claim the ownership of the copyright in a design, logo or artwork, simply add a copyright notice: © Name of Owner/Date of Creation.

Use signature elements – Adding unique touches to your designs makes them easier to distinguish.

Monitor the market – Stay alert to copies of your work appearing online or in stores.

Register your copyright in key markets – While not required in the UK, registration in countries like the US can strengthen your case if you need to enforce your rights internationally.

Seek legal advice if needed – A solicitor can guide you through enforcement options if you suspect infringement.

Final thoughts: Protect your creative genius

And there you have it! Another whistle-stop tour of intellectual property from the perspective of copyright. What’s the takeaway? Copyright isn’t just dry legal jargon - it’s your secret inherent superpower in the fashion world. Whether you’re designing a killer handbag, launching a bold new print, or creating content that turns heads, understanding your rights helps you stay ahead of the copycats.

Think of it this way: Fashion is all about originality, and copyright is the backstage pass that protects your creative genius. So, the next time you see someone borrowing a little too much inspiration from your work, you’ll know exactly what steps to take. Now go forth and create with confidence. Your creations deserve the spotlight!