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Fashion law

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Fashion law deals with legal issues that impact the fashion industry.[1] Fundamental issues in fashion law include intellectual property, business, and finance, with subcategories ranging from employment and labor law to real estate, international trade, and government regulation. Fashion law also includes related areas such as textile production, modelling, media, the cosmetics and perfume industries,[2][3] questions of safety and sustainability, dress codes and religious apparel, consumer culture, privacy and wearable tech, and civil rights. Clothing laws varies by country.

History

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Fashion has long been subject to legal regulation throughout history, from sumptuary laws that limit who can wear certain garments to trade restrictions and varying degrees of intellectual property protection.[4][5] However, fashion law was not conceived as a distinct legal field until the mid- to late-2000s.

In May 2004, a group of French lawyers led by Annabelle Gauberti published a supplement entitled "Droit du luxe" (which translates into either "law of luxury goods" or "luxury law") in the prestigious French legal magazine Revue Lamy Droit des Affaires. This supplement explored specific legal and tax issues at stake in the fashion and luxury goods sectors and was one of the earliest analyses of the interactions between the legal field and the fashion and luxury goods industries.

Professor Susan Scafidi offered the first course in Fashion Law at Fordham Law School in 2006, thus creating a new field of legal study.[6] At the same time, Fashion Law courses for designers were developed by Guillermo Jimenez at the Fashion Institute of Technology and Deborah McNamara at Parsons School of Design.[7] In 2008, Scafidi wrote that fashion law was only then starting to be recognized as a distinct area of law.[8]

In 2010, the world's first academic centre dedicated to fashion law, the Fashion Law Institute, launched with the support of Diane von Furstenberg and the Council of Fashion Designers of America. Since then a number of other institutions around the world have offered courses or programs in the area of fashion law. These include the University of Milan,[9] the University of Insubria,[10] the Instituto Brasileiro de Negócios e Direito da Moda,[11] University at Buffalo Law School,[12] Benjamin N. Cardozo School of Law,[13] New York Law School,[14] New York University,[15] the Fashion Law Project at Loyola Law School,[16][17] the Moda Hukuku Enstitusu in Turkey,[18] the annual Fashion Law Week at Howard University,[19] and McGill University Faculty of Law.[20]

Fashion law has also developed into an established field of practice and study.[21] In 2010, designer-turned-lawyer Brittany Rawlings[22] led the first Fashion Law practice group[23][24] dedicated entirely to issues that arise throughout the life of a fashion business.[25] The New York City Bar Association has had a dedicated Fashion Law Committee since January 2011,[26] and the New York County Lawyer's Association has had a Fashion Law Subcommittee since September 2011.[27]

While double-digit turnover growth is being generated by many companies involved in the fashion and luxury goods sectors, an increasing number of lawsuits are filed in this industry, and more legal practitioners are focusing their practice on this particular industry and sector. The international association of lawyers for the creative industries (ialci) was founded in 2013 during Paris Fashion Week.[28] The goal of the association is to provide relevant, useful business and legal knowledge and solutions regarding the creative industries, including fashion and luxury goods.[28]

Segments of Fashion Law

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Intellectual Property

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Main article: Intellectual property protection

Intellectual property protection has been a substantial legal concern in fashion since the emergence of fashion brands in the 19th century.[29] It has been the subject of congressional debate,[30] multiple academic articles,[31][32] and the first fashion law blog,[33][34] as well as a major exhibit at the Fashion Institute of Technology Museum in New York.[35] Key issues include:

A prominent related issue has been cultural appropriation, such as the use of Native American or religious designs by commercial fashion brands.[42][43][44]

Financing and Corporate Structures

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Fashion law encompasses the broad spectrum of issues pertinent to starting and funding a fashion business, such as:

Manufacturing

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Legal issues in the production of clothing and accessories include:

  • worker safety and other labor practices,[49][50][51]
  • garment district zoning,[52] and
  • source indication.[53]

Marketing

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Legal issues addressed in connection with marketing include:

Retail

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Legal issues connected with the retail environment include:

  • consumer data privacy and the security of credit card information,[58][59]
  • discrimination based on racial profiling,[60] and
  • real-estate leasing and ownership.[61]

Ethics, Sustainability, and Economic Development

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Main article: sustainable fashion

Concerns pertaining to fashion ethics, sustainability and economic development have had a substantial impact on the industry, affecting both the legal framework and self-regulation initiatives. Important issues have included:

  • organic certification,[62]
  • greenwashing,[63]
  • supply-chain monitoring and certification standards (including the Higg Index and SA8000 certification),[64]
  • the regulation of digitally altered images,[65]
  • fair trade fashion,[66] and
  • the impact of philanthropic initiatives and clothing donation programs.[67]

International Trade

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In addition to the international implications of issues noted above, fashion law also addresses other matters connected to international business transactions, including:

  • grey market goods,[68]
  • import and export quotas,[69]
  • transfer pricing taxation,[70] and
  • customs duties.[71]

Modelling Law

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The legal status of models has become a prominent issue in fashion law, as exemplified by:

  • The regulation of models' weight in places, such as Madrid, Milan, and Israel;[72][73]
  • New York's enactment of a statute giving underage models protection under the state's child labor law;[74]
  • antitrust enforcement in relation to model pay-rates;[75] and
  • efforts to curb fashion-related human trafficking.[76]

References

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  1. ^ Kolsun, Barbara; Jimenez, Guillermo C., eds. (2014). Fashion law : a guide for designers, fashion executives, and attorneys (Second ed.). New York, NY. p. 2. ISBN 9781609018955.{{cite book}}: CS1 maint: location missing publisher (link)
  2. ^ Jimenez, Guillermo; Kolson, Barbara, eds. (2014). Fashion Law: A Guide for Designers, Fashion Executives and Attorneys (2nd ed.). Fairchild Publications. ISBN 978-1-60901-895-5., pp. iii-xii.
  3. ^ Herzeca, Lois; Hogan, Howard (2013). Fashion Law and Business: Brands and Retailers. Practicing Law Institute. ISBN 978-1-4024-2051-1..
  4. ^ Huan, Alan (1996). Governance of the Consuming Passions: A History of Sumptuary Law. St. Martins Press. ISBN 978-0-31212-922-4.
  5. ^ Beebe, Barton (2010). "Intellectual Property Law and the Sumptuary Code". Harvard Law Review. 123: 809–889.
  6. ^ "About". Fashion Law Institute. 2012-03-14. Retrieved 2020-10-01.
  7. ^ "Affiliated Faculty and Staff - Innovation Center for Law and Technology". www.nyls.edu. Archived from the original on 2015-09-05.
  8. ^ Scafidi, Susan (2014). "Introduction: Fashion Law Triumphant - Designing Success in a New Legal Field". Navigating Fashion Law: Leading Lawyers on Developing Client Brands in a Changing Market and Monitoring Key Legal Developments (2015 ed.). Thomson Reuters. ISBN 978-0-314-29318-3., p. 8.
  9. ^ Fashion Law,
  10. ^ Aurucci, Paola. Corso di Perfezionamento in Fashion Law, Vogue Italia, 16 January 2014. Retrieved on 16 November 2014.
  11. ^ "Quem Somos", Fashion Business & Law Archived 2014-12-16 at the Wayback Machine. Retrieved on 16 November 2014.
  12. ^ "Spring 2014 Course Descriptions", SUNY Buffalo Law School. Retrieved on 16 November 2014.
  13. ^ "Fashion Law Practicum" Archived 2015-03-09 at the Wayback Machine, Benjamin N. Cardozo School of Law. Retrieved on 16 November 2014.
  14. ^ "Courses" Archived 2014-11-03 at the Wayback Machine, New York Law School. Retrieved on 16 November 2014.
  15. ^ "Law & Business", NYU Leonard N. Stern School of Business. Retrieved on 16 November 2014.
  16. ^ Belgum, Deborah. Loyola Law School Carves Out a Program for Fashion Law, ‘’California Apparel News’’, 13 December 2013. Retrieved on 12 December 2014.
  17. ^ "Course Descriptions", Loyola Law School. Retrieved on 16 November 2014.
  18. ^ Moda Hukuku Enstitutsu. Retrieved on 16 November 2014.
  19. ^ Fashion Law Week. Retrieved on 16 November 2014.
  20. ^ McGill University- Faculty of Law - Course Offerings 2015-2016 Retrieved on 15 December 2015.
  21. ^ "Law Gets Fashionable As Lawyers Learn To Love Litigation". Agence France Press. 16 November 2014. Archived from the original on 3 December 2014. Retrieved 12 December 2014.
  22. ^ Rawlings, Brittany. "B.Rawlings".
  23. ^ "IP Attorneys Develop Niche Practice For Fashion Industry".
  24. ^ "Will Miami and San Francisco become Fashion Law Hubs - B.Rawlings".
  25. ^ Rawlings, Brittany. "FashionLawHouse.com".
  26. ^ "City Bar Creates New Committee on Fashion Law". 44th Street Blog. 2011-01-10. Retrieved 2014-11-16.
  27. ^ "New York County Lawyers Association Launches Fashion Law Subcommittee : PitchEngine : Get the Word Out™". PitchEngine. 2011-11-02. Archived from the original on 2012-06-01. Retrieved 2012-03-09.
  28. ^ a b "The international association of lawyers for the creative industries". ialci. Retrieved 2020-10-01.
  29. ^ Stewart, Mary Lynn (2005). "Copying and Copyrighting Haute Couture". French Historical Studies. 28: 103–130. doi:10.1215/00161071-28-1-103.
  30. ^ a b "A Bill to Provide Protection for Fashion Design: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, Second Session on H.R. 5055". U.S. Government Printing Office. 27 July 2006. Retrieved 13 December 2014.
  31. ^ Scafidi, Susan (2008). "F.I.T.: Fashion as Information Technology". Syracuse Law Review. 59: 69.
  32. ^ Raustiala, Kal; Sprigman, Christopher (2006). "The Piracy Paradox: Innovation and Intellectual Property in Fashion Design". Virginia Law Review. 92: 1687.
  33. ^ Mitchell, Dan (22 August 2006). "Fashion's Cutthroat Edge". New York Times. Retrieved 13 December 2014.
  34. ^ "The Ladies of Fashion Law!". B.A.F.F.L.E.D.: Business Advice - Fashion Facts - Law and Entertainment Domain. 17 September 2012. Retrieved 13 December 2014.
  35. ^ "Knockoffs and Fashion Design Protection". The Museum at FIT. 9 December 2014. Archived from the original on 2021-12-12. Retrieved 13 December 2014.
  36. ^ Elings, Roxanne; Keith, Lisa; Wukuson, George (2013). "Anti-Counterfeiting in the Fashion and Luxury Sectors: Trends and Strategies". World Trademark Review. Retrieved 13 December 2014.
  37. ^ Smith, Ray (25 April 2012). "Hunting for Fashion's Copycats". Wall Street Journal. Retrieved 13 December 2014.
  38. ^ Garber, Megan (3 November 2014). "The First Bra Was Made of Handkerchiefs". The Atlantic. Retrieved 13 December 2014.
  39. ^ Pasquarelli, Adrianne (10 March 2014). "Fashion Firms Try Wearable Tech". Crain's New York. Retrieved 13 December 2014.
  40. ^ Geiger Smith, Erin (12 September 2013). "Fashion Designers Look to Patents to Fight Knockoffs". Reuters. Retrieved 13 December 2014.
  41. ^ Scafidi, Susan (2006). "Intellectual Property and Fashion Design". In Yu, Peter (ed.). Intellectual Property and Information Wealth. Vol. 1. Praeger.
  42. ^ Stancati, Marguerite (10 May 2010). "Hindu Goddess Swimsuit Sparks Outrage". Wall Street Journal. Retrieved 13 December 2014.
  43. ^ Scafidi, Susan (2005). Who Owns Culture?. Rutgers University Press. ISBN 978-0-81353-606-4.
  44. ^ Baker, Katie J.M. (13 November 2012). "A Much-Needed Primer on Cultural Appropriation". Jezebel. Archived from the original on 22 December 2014. Retrieved 13 December 2014.
  45. ^ Hand, Doug (27 June 2009). "Is Factoring Going Out of Fashion II". Council of Fashion Designers of America. Retrieved 12 December 2014.
  46. ^ Binkley, Christina (11 December 2014). "High Fashion Investment: Inside Jason Wu's Lessons from Private Equity". Wall Street Journal. Retrieved 12 December 2014.
  47. ^ Clark, Evan (9 September 2014). "Brands in the Crosshairs: Private Equity Sets Sights on Fashion". Women's Wear Daily. Retrieved 12 December 2014.
  48. ^ Clark, Evan (25 March 2012). "Michael Kors Valuation Sets New Fashion Standard". Women's Wear Daily. Retrieved 12 December 2014.
  49. ^ Zain al-Mahmood, Syed (20 November 2013). "Safety Groups Agree on Standards for Bangladesh Garment Factories". Wall Street Journal. Retrieved 12 December 2014.
  50. ^ Urbina, Ian (22 December 2013). "U.S. Flouts Its Own Advice in Procuring Overseas Clothing". The New York Times. Retrieved 12 December 2014.
  51. ^ Sussman, Nadia (25 March 2011). "Triangle Fire: In Search of Sweatshops". New York Times.
  52. ^ Bagli, Charles (19 August 2009). "New York Seeks to Consolidate Its Garment District". New York Times. Retrieved 12 December 2014.
  53. ^ Donadio, Rachel (12 September 2010). "Chinese Remake the 'Made in Italy' Fashion Label". New York Times. Retrieved 12 December 2014.
  54. ^ "Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts". Federal Trade Commission - Bureau of Consumer Protection Business Center. 2014-07-02. Retrieved 12 December 2014.
  55. ^ "AAFA Hails Effort to Reform Prop 65". American Apparel & Footwear Association. 7 May 2013. Archived from the original on 10 November 2014. Retrieved 12 December 2014.
  56. ^ Richardson, Jeremy. "Licensing in the Fashion & Childrenswear Industries". Phillips Nizer LLP. Archived from the original on 24 January 2015. Retrieved 12 December 2014.
  57. ^ "L'Oreal Settles Over Ads That FTC Said Were Deceptive". Reuters. 30 June 2014. Retrieved 13 December 2014.
  58. ^ Sullivan, Mark (13 June 2014). "Health Apps Could Be Heading Into A HIPAA Showdown". VentureBeat.com. Retrieved 13 December 2014.
  59. ^ Robinson, Teri (11 December 2014). "Neiman Marcus Asks Court to Deny Data Breach Suit Appeal". SC Magazine for IT Security Professionals. Retrieved 13 December 2014.
  60. ^ "Barneys Case Stirs Talk on 'Shopping While Black'". Crain's New York. 29 October 2013. Retrieved 13 December 2014.
  61. ^ Kopon, Francine (27 January 2013). "Eaton Centre to Expand for Saks Fifth Avenue Flagship and Include The Bay". The Star. Retrieved 13 December 2014.
  62. ^ "Global Organic Textile Standard". Ecolabel Index. Retrieved 13 December 2014.
  63. ^ Justian, Eric (19 September 2013). "FTC Green Guides Report Helps Marketers Avoid the Pitfalls of Greenwashing". Retrieved 12 December 2014.
  64. ^ Clifford, Stephanie (1 September 2013). "Fast and Flawed Inspections of Factories Abroad". The New York Times. Retrieved 13 December 2014.
  65. ^ Erlanger, Steven (2 December 2009). "Point, Shoot, Retouch and Label?". New York Times. Retrieved 12 December 2014.
  66. ^ Clifford, Catherine (17 October 2013). "First Coffee, Now Fashion: Apparel Brands Seek Fair Trade Certification Despite Challenges". Entrepreneur. Retrieved 12 December 2014.
  67. ^ "TOMS Shoes and the 'Buy One, Give One' Business Model". The Madeleine Brand Show - 89.3 KPCC Southern California Public Radio. 20 March 2012. Retrieved 13 December 2014.
  68. ^ Bose, Nandita; Bhattacharjee, Nivedita (2 August 2012). "Analysis: India's Online Grey Market for U.S. Clothing Brands". Reuters. Retrieved 13 December 2014.
  69. ^ "Cotton Exporter's Guide". International Trade Centre. Retrieved 13 December 2014.
  70. ^ Levy, Marc (28 September 2012). "Tax, Transfer Pricing, and Customs Issues Facing the Industry" (PDF). BakerMcKenzie.com. Archived from the original (PDF) on 16 December 2014. Retrieved 12 December 2014.
  71. ^ "Clothing, Footwear, and Fashion: International Trade Regulations". UK Trade & Investment. 11 September 2012. Retrieved 13 December 2014.
  72. ^ Povoledo, Elisabetta (15 September 2006). "Milan Wants to See More Meat on Models". New York Times. Retrieved 13 December 2014.
  73. ^ Nota, Bruno (3 January 2013). "Israeli Law Bans Skinny, BMI-Challenged Models". ABC News. Retrieved 12 December 2014.
  74. ^ Greenhouse, Stephen (23 December 2013). "A New Alliance Steps Up to Protect the Next Generation of Models". New York Times. Retrieved 12 December 2014.
  75. ^ Spindler, Amy (2 December 1994). "Trade Commission is Investigating How Designers Set Fees for Models". New York Times. Retrieved 12 December 2014.
  76. ^ Catsoulis, Jeannette (4 September 2012). "Little Cover Girls Star in an Adult Reality". New York Times. Retrieved 12 December 2014.
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