ПРАВОВІ ВІДНОСИНИ ЗІ ЗМІ / ФОТОГРАФАМИ В CФЕРІ FASHION RETAIL

Authors

  • Марина Анатоліївна Бурдоносова

Keywords:

law in the field of fashion, intellectual property, copyright infringement, fashion retail, fashion jurisdiction

Abstract

Copyright in the objective sense is a set of legal rules governing the range of social relations in the creation and use of works of science,  literature and art. In the subjective sense - these are the personal property and no property rights of the author, which arise in connection with the creation of the work and are protected by law. The object of copyright is the intangible good in the form of a product of spiritual creativity, namely works of science, literature and art. The imperfection of  the laws governing the field of copyright creates a number of problems for authors of works, which can cause material and moral damage.

In the field of copyright, as a subject of contractual relations between the parties in the professional activity at a rapid pace develops the concept of "fashionable jurisdiction", which considers fashion as the result of several areas of intellectual property rights: intellectual and industrial activities (industrial design, trademark registration) and copyright (a work of art).

Fashion retail is the sale of goods and services of the fashion industry to consumers on the website of a trading company or in a commercial premises; retail of fashion goods. An important component of fashion retail is the promotion of fashion products, where photos of models representing new collections of clothing and footwear play a significant role.

Due to this, legal issues of using photo and video images of a person for profit are becoming more relevant. However, showcasing new collections of designers is the first step to promoting their creativity. Thus, the designer automatically agrees to the photo and video fixation, unless otherwise stipulated in the contract.

Published

2020-09-02

Issue

Section

Journal Articles