Runway Rights: Can Designers Protect the Vision Behind Their Shows?
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Image Credits: Vogue |
Runway as Performance: What’s Protected?
Traditionally, intellectual property law in fashion has focused narrowly on tangible things like garments, logos, fabrics, patterns. But today, when the entire production, from the lighting and choreography to the set design and theme is central to a brand’s image, it’s only natural to ask whether the show itself can be treated as a creative work. The law, however, doesn’t treat a fashion show as one single protected entity. Instead, it breaks it down into separate elements:
- Choreography may qualify for copyright protection, especially in jurisdictions where performance art is explicitly covered.
- Set design, props, and artistic installations can sometimes be protected as artistic works.
- Music is almost always protected, assuming the brand doesn’t already have a license.
But the concept behind the show, the idea of twins walking in pairs, or a white runway in the middle of a salt flat is much harder to claim as one’s own. Intellectual property law is clear on the fact that ideas themselves cannot be monopolized, only their specific execution can. So while someone who directly copies the unique way Gucci staged its twin pairs, right down to the costumes and lighting cues, someone else could very well stage their own twin-themed show and stay on the right side of the law.
Imitation or Inspiration? A Grey Area
When Gucci sent 68 pairs of identical twins down the runway, it was hailed as a deeply personal and powerful creative statement from Alessandro Michele. Yet nothing in law stopped another designer from borrowing the concept of twins and giving it their own spin. Similarly, Jacquemus’ poetic use of natural landscapes and his models walking through white salt flats was imitated in editorial shoots, campaigns, and even social media recreations. But none of these recreations were legally problematic, because the general idea of staging a show outdoors on white terrain cannot be owned.
The problem isn’t that fashion law ignores originality. It’s that it values protecting specific, concrete expressions over broad creative ideas. In an industry built on constant reference and reinvention, this makes sense but it also leaves designers vulnerable when their most iconic creative choices are reinterpreted by others.
Why Protection Matters
For luxury houses, the stakes are high. A memorable runway show is a multimillion-dollar investment and a defining moment in a season. When its concept is imitated, it can dilute the original’s impact, even undermine the brand’s identity. Some argue that legal protection would help preserve these spectacles as distinctive artistic works.
But others point out that granting such protection could disturb creativity across the industry. Fashion thrives on shared influences, trends, and reinterpretations. Overprotecting runway shows could create a chilling effect, limiting the very innovation designers seek to showcase.
Finding a Middle Ground
So what can designers do for now? One strategy is to focus on what’s already enforceable, that is registering copyrights for the show’s choreography, music, and set design. Trademarks can sometimes protect distinctive slogans or names associated with the event. Strong contracts with creative collaborators can help secure ownership of creative assets.
Some designers and commentators have even called for legal reform, proposing a hybrid system that recognizes fashion shows as performance works, more akin to theatre productions than trade exhibitions. But such reforms remain theoretical for now.
Closing Thoughts
Runway shows are no longer just marketing exercises, they are cultural performances that define the creative essence of a brand. Yet, the law still struggles to fully acknowledge their artistic value. For now, the creative vision behind a show remains as vulnerable as it is inspiring and celebrated in the moment, but often free to be copied the next day.
As the industry evolves, and as shows become more theatrical and ambitious, one thing is clear, the question of who owns the runway is far from settled.
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such a thought-provoking article 👏🏻
ReplyDeletethank you so much
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