Previous month:
November 22, 2015 - November 28, 2015
Next month:
December 6, 2015 - December 12, 2015

November 29, 2015 - December 5, 2015

Fashion Law Primer: Protecting Your Designs

Fashion-Law-primer-protecting-your-designs
Law-on-the-RunwayI recently attended a workshop with Rachel Fischbein, Esq. , titled "Fashion Law Primer: Protecting Your Designs." 

The evening program covered the legal aspects of protecting creative designs in jewelry, fashion accessories, or branding with copyright, trademarks and patents.

Rachel-Fischbein-Esq-Law-RunwayThe evening went very quickly. Rachel had to push at a reasonably fast pace for the hour and a half just to cover all the legal options.  We had time for a few questions, but I would have loved more discussion, even hours more discussion.  I was anticipating so many possible situations to apply her suggestions in the craft community.


Design-patents-Utitlity-trademarks-copyrightDesign patents, utility patents, trademarks, trade dress,  and copyright are the legal options to protect design work.  
Publication and registration timing are significant considerations in protection of your art, designs, brand, or even protecting workshop content.  

Are you considering a Licensing Agreement? Work for Hire? 

Surely,  there is no doubt that hiring a lawyer like Rachel Fischbein to protect your intellectual property would be worthwhile. What I loved about listening to Rachel was that she wanted to work with the jewelry and fashion industry.  She is on our side. 

The irony was at the time she made it sound so easy and straightforward, yet now I look at my extensive notes and I am discouraged and rather overwhelmed. I took the workshop to become more informed, but it isn't a substitute for a legal career. It seems inappropriate to become a "workshop imposter" to share her workshop in a post. I think Rachel's voice of experience would be fabulous content for professional development at the next conference sponsored by your local/national organization

When I look at the plethora of the copycat incidents, there is a big problem with all the legal protections Rachel mentioned. Most of us aren't taking these legal steps, nor do we have the resources to take a copycat to court. So how do we  protect our ideas, designs, brand identity or even a workshop title or content with our own initiative?

How are we realistically going to stop the copycats that may not know that it is unethical and illegal to copy designs and ideas.  Or how about the ugly reality, that some of the copycats just blatantly do not care. 

So here is some breaking news!  Rachel has written a 3 part series for ASK Harriete starting next week.

Post #1  What Is A Copy? Copycat?

Rachel Fischbein says, this blog post addresses the variations of an all too common story, a designer is gaining traction on her designs, getting known for a particular style, feeling some success from her efforts, when suddenly a friend emails. "Take a look at these designs," the friend says. "They're just like yours." As the designer, you're understandably feeling harmed, disrespected and worried. Before you fire off an angry email to the copycat, read through this blog to plan your strategy.


Post #2  
Initial Copycat Communication

What should your initial letter to the copycat say? Rachel Firshbein will guide us through the "Cease and Desist" letter strategies. 

Post #3  Going Public: Speaking Out! Public Disclosure of a Copycat Complaint

 

Below are blog posts, worksheets, and workshops offered by Rachel Fischbein.

Trending Legal Issues in 3D Printing in the Creative Arts (especially the fashion industry)
 This workshop was given in May 2015 but I hope that California Lawyers for the Arts hosts it again."As 3-D printers are becoming more accessible and affordable to the public, the increasing use and availability of 3-D printers will drastically affect intellectual property protection -- especially in the fashion industry."

Worksheet for agreements with Independent Contractor Designers 
"A worksheet of topics and questions to discuss when working with designers who you are independently contracting."


Worksheet for Terms & Conditions of Fashion or Beauty Website 
"This worksheet is to help business owners of a fashion or beauty company as they begin selling products online. By working through the worksheet, you'll make business decisions needed for your terms & conditions of your website."

Consultation Hour- Worksheet Assistance
"Did you recently download one of the Law On The Runway worksheets? Do you need assistance with filling it out or implementing the information into your business? This is a special discounted rate for consultation on the worksheets provided in the Law On The Runway store. After completing your purchase, please reach out to Rachel@lawontherunway.com, to set up a time for your consultation."

Harriete

RELATED POSTS: 

California Lawyers for the Arts Offers Legal Resources & Information




California Lawyers for the Arts Offers Legal Resources & Information

California-Lawyers-for-the-artsCalifornia Lawyers for the Arts is an advocacy organization for artists, makers and musicians. For 40 years they have been providing artists and musicians with referrals to lawyers, dispute resolution services, and education programs along with a publication library specifically for individuals in the creative arts and for art organizations.

I have attended many of their educational programs and used their arbitration service. Recently, I recently attended a program titled, Fashion Law Primer: Protecting Your Designs taught by Rachel Fischbein, Esq. (More information about that class in the next post.)  

Rachel Fischbein will also be writing a post for ASK Harriete on how to approach a copycat infringer, composing a cease and desist letter, and what documents you should keep before and after you notice the copying.  A follow up post will illuminate whether or not to make a public statement about the copying. Are there any legal consequences to discussing a copycat situation publicly? I really want to know. So stay tuned for this series on ASK Harriete.

BACK to information from
California Lawyers for the Arts:

While CLA was the first legal organization to support the arts, I know many states now  have their own organizations. Do some research for your state. 

For any one of us witnessing examples of copied work, stolen ideas or workshop content, or borrowed or copied images, what is the legal recourse that offers an alternative to hiring lawyers?

"Copyright issues are exclusively a matter of federal jurisdiction, but taking a case to federal court, with its arcane local rules and discovery procedures, can be expensive and time consuming. A survey by the American Bar Association showed that the average cost of a copyright infringement lawsuit in Los Angeles through the end of discovery was $292,000; the average cost through the end of trial and appeal was $517,000.  Unless actual damages are truly substantial, the copyright holder will be without an effective remedy in federal court. "

It would be ideal if there was an option such as Small Claims Court. This article,  Small Copyright Claimants Need Access to Justice on the California Lawyers for the Arts website from 2013 discusses this option. Perhaps at some time in the future with advocacy from the arts community there will be a small claims court option available for everyone. 

The blog on CLA includes informative articles which are worth reading about copyright infringement.  The "ongoing debate about sampling rights and legal ownership of musical property" is discussed in their post Blurring the Lines Between Homage and Infringement.  If you aren't familiar with the copyright debate regarding this song, or any copyrighted content, a post on ASK Harriete,  The Good Wife Discusses Copyright Infringement, Derivative Work, Parody and Fair Use  offers more background on this topic.

 While the legal case above involved music rather than visual arts, the same principles apply. "Ostensibly, it would seem that copyright infringement is straightforward: either you appropriated someone else’s work and called it your own or you didn’t. In order to be found liable for infringement, two things must be proved. First, there must be direct or indirect evidence of access to the original composition. Then, if access has been established, “substantial similarity” between the original and the alleged infringing work needs to be shown." 

Stay tuned for a future post by Rachel Fischbein for your first steps in dealing with copycats.

NOTE "TO WHOM IT MAY CONCERN:" Copying someone else's work or appropriating someone else's ideas or images is not only illegal, but is ethically, morally and artistically a complete dead end to your future career.

Harriete