Design rights cover the whole aesthetics of the design itself. It protects the appearance of new products and the individual characters which can be found on it: lines, colours, contours and texture. Design rights are also about £40 in the UK. They are relatively cheap rights to be enforced, and are commonly more used as a marketing tool. With a larger company, such as Burberry, the shape of the bag or the patterns aren’t always design protected as there are so many different new collections being created; which also causes many problems over time.
This is where you have the right to be acknowledged as the creator to the work, as you have the copy right protection, however it cannot be assigned, it can only be waived within the industry. This lasts for the life of the creator, plus 70 years after their death to protect the piece.
This is information which isn’t known by many; such as the ingredients of Coca Cola so that it cannot be copied and replicated; you as the creator want the rights and the protection from this so that you have an individual product.
When creating a design, product, idea, you need to make sure that you have looked at what is already copyrighted and a document to show your development process which you have undertaken. Make sure everything is dated and noted, to make sure that you have security behind it. Also, owner ship need to be thought of, so that you are another can use the product, coming to an agreement. Make sure that you read the contract which has been given to you, so that your royalties are high enough and that you are defining yourself as well as the company.
For the last 3 months there has been something that has been top on many fashion followers calendars; the Alexander Wang release for H&M. The event was open to those with an early bird ticket which were rare. With faces like Ellie Golding, and champagne, live music and the chance to get their hands on the first Alexander Wang pieces, it was packed that night, and by mid-day on Thursday the website had crashed and all stock had been sold. This sudden rush for H&M is why it is so developed and ahead of many other high street shops, as it offers something different to entice new customers as well as holding onto the existing. This is key, not only for the store but for the individual designers as it allows a large audience for the brand as the prices and the audience have changed to suit the occasion. It is, and will always be remembered as an incredible event.
Copyright protects the expression of create and artistic work; such as music, sounds, dramatic and art work – each piece of copyright is original. Copyright is also automatic and doesn’t need to be registered at all. Copyright can be enforced by the logo, your name and the date it was published. There however are regulations, there needs to be a certain amount of skill and effort, it cannot be already copied, and even derivative work can be original and copyrighted. having a copy righted piece means that you do have exclusive rights however when it comes to working and being contracted this can become very complication. These are the rights you have as a copyrighter:
- Copying the work
- Issuing copies to the public
- Rending work
- Adapting work
- Secondary selling and distribution
- Performing showing and playing work
Also, there are many exceptions of the rules of copyright; meaning that you can use it for private study and non commercial research, as well as teaching in schools and colleges. Reporting current events and criticising and reviewing the copy right can also occur. It is however a very grey area and depending on the legal rights of the copyright it can become very complicated. Infringement can also occur with a park or the whole of the copy.
- Trademarks make an indication of the origin of goods and services; marks that distinctive business from the other; gives you individuality and promotes your own work through the trademark. This works by Application and Registration in the relevant class and territory. Trademarks are normally distinguished through: Letters, numbers, colour and shapes. If the trademark however isn’t registered in a different country the trademark which is personal to you can be used somewhere else in the world if it is not registered correctly.
- Half a million pounds to register Trademark around the whole world. Fashion is quite often created in Asian countries, which is why a lot of support and Law Trademark Registrations can be found in those particular countries. China keeps a very close eye on what happens and emerges in the UK, so trademarks are key to keeping the industry fair and unique to each brand to make sure that you aren’t ripped off.
- You can however use the same name, such as Polo, for a different brand. Polo is used for cars, clothing and sweets, however each element of the name is very different and a different sector within the industry.
- Pictures or symbols such as the Nike Swoosh, Burberry Check and the Red Soles of shoes are all trademarked, meaning that no other company can use this as it is individual to that country. You can also make individual positions within an outfit, such as the Fred Perry double stripes on the colour and the edge of the arms to keep the brand unique and different from the others; this enable as theme and key understanding for the brand too.
- Requirement have to be capable of graphical representation, distinguishing goods and services, not descriptor and not contrary to public morality and policies, this enable each and every one of us to have the same chance and the requirements. They last for 10 years, but have to re renewed, but if they aren’t used of the product isn’t launched within 5 years, the trademark can then be cancelled.
- If you do not have the money to create a trademark, you still have the rights to individual use. £170 is how much it costs to create the Trademark; with it registered however it is better to get proof of registration. Infringement is also very common within the industry; you cannot have: Identical mark, goods or services; confusion within the products; and repetition, misrepresentation and damage. Vivienne Westwood’s logo was found to have been Infringed by Red Planet – You have to be incredibly careful with infringement as it can end up in court.
- A Patent is a national right, has to be applied for and granted by individual countries. These normally last for 20 years or so; they can be a description, claim or a drawing which you are trying to protect.
When looking into the narrative and the dream behind Diorissimo, there are many connotations which jump out of the product, and for me there is a very strong story which unveils. Dior is an incredibly sophisticated and well developed brand, which enables a strong sense of control within the brand; however for me, the dior fragrances are more than just smells, they work together in synergy to create a family like feel. J’adore, Miss Dior and Les Creations de Monsieur Dior are three sisters, and when you unravel the product identify within each fragrance you gain an understanding of the audience, smell, bottle aesthetics, and the feel of the perfume. These factors enable the consumer to learn more about where the product fits within the Dior Fragrance ‘family’.
J’adore is a very sleek, sexual perfume, which is incredibly feminine and independent. The woman behind the fragrance is heavily beautiful and someone how has confidence within herself, she knows what she wants and how she is going to get it. This very confident and forward figure which appears in the family of Dior is an older sister, and is a well loved, appreciated yet strong smell, and is well developed to the perfect amount.
Next you have Miss Dior, who is the youngest of the three, sisters within the Dior fragrance family; she is cheeky, flirty and incredibly girls; the smell is flowery and pink which is displayed strongly within the packaging colour and bow on the lid. Miss Dior is the youngest and although she is confident in herself she has changes to make to herself, and is giggly. If she were to be drawn, she would too be very beautiful, but younger, and she is fun; which is the most important element which can be taken from the fragrance.
Finally you have the strong family of Les Creations de Monsieur Dior, which are almost the cousins of the Dior family, as they themselves make up 6 of the Dior fragrances, meaning there is a strong bond and collection within the brand. Diorissimo, Diorella, Dioressence and Diorling are almost quadruplets, the smells and the looks which carry the Dior fragrance forward are so similar, the bottle shapes are all identical and the look and feel which can be captured from the fragrance are identical.
I personally see Diorissimo as an interesting family member within the fragrance market. The bottle itself is very bland, there is very little shape and outstanding factor of the bottle, however this inputs an element of mystery within the product, implying that Dior may have put all their efforts into the smell and left the packaging and bottle plain to allow a sense of the unknown into the product. The sell is so floral and fruity, almost a younger smell, however it was one of the first created which leaves the element of surprise when the scent is smelt as you see the movement behind the smell throughout the years. The Diorissimo woman is incredibly elegant yet simplistic, it leaves a lot to the imagination and allows a true mystical element to her; she too would be incredibly beautiful, old fashioned in her beliefs yet her rebranding makes her young in age. In my opinion, Diorissimo is the most interesting of the Dior Fragrance Collection, and although she isn’t the most famous, this adds the element of surprise to her, which is her unique selling point within the market.
This part of the fashion industry is vital to the way the business works. Without legal obligations and limitations the industry would be incredibly different. Intellectual Property right are the legally recognised ruled which have to be followed. It included copyright, patents, trademarks and trade secrets; which are all in turn personal and unique to different companies and the work ethics set. Within a company, patent is key to success; it grants the inventor the right to get rid of others from the making, selling and importing of fashion. Intellectual Properties are what keeps fashion a fast moving, and high earning business; and it is vital to understanding the way the companies work.
When looking deeper into the fashion industry, and the promotional aspects within the business, I have realised that not only is there such a range of available jobs, but they have come so far, and developed so much over the years! This therefore leads me to believe that although I have an idea of a job at the end of my degree, the fast moving industry may therefore have a more in-depth and up to date position instead; which is in fact incredibly exciting.
Looking into my profession is something which I find so interesting, yet due to the amount of jobs, and the development of the existing ones, I have to be incredible careful to be open and willing to change with the industry, therefore looking at an exact job can be hard, but using Fashion Monitor has enabled me to look at what is current, and possible jobs I would find myself working in within the next 5 years. This has enabled me to look in more depth at the industry, as well as myself and what I want to get out of the fashion industry, and where I will be able to leave my stamp.
There is one woman who has stood out to me over the years as one of the leaders of Couture, a woman whose work was so different and unique at the time, and even though art and poetry was the route in life she wanted to take, fashion took over and snatched up her talent and brought her into the ever-moving industry. Forty years after the death of Elsa Schiaparelli, her life has come back into the light as her work is reviewed and looked at again by many. Her passion and determination for doing something special with her life was such an inspiration, to not only her family, but young photographers, designers and fashion followers. From Giacometti designed ashtrays, to Dali dressing her windows, Schiaparelli was one of the most glamorous, genuine and loved designers of her time, and her mark has been left after all these years.
‘Elsa Schiaparelli was the most influential fashion designer of the 20th century. She was the first to use the art of her time in a provocative dialogue with fashion, and hoovering up elements that caught her fancy from all over the world.’
– Meredith Etherington Smith
There has recently been a book released about the life of Elsa Schiaparelli and her personal photographic collection of her family, lovers and the house she once lived in; which have all been selected by her granddaughter to bring her name back into the light and teach those about just how incredible she was. She is a name that I will always follow, and a book which I have ordered and am more than excited to read.