Obody likes a ‘copy’. Then why wear one? One must understand that hard work, time, money and motivation go into creating a unique outfit. Fashion plagiarism is causing mounting distress in the industry today. What can free us of this plague? While some in
INSPIRATION VS COPY
Yes, copying is bad because someone has put in their body, mind and hard work to come up with a design. However, sometimes, there’s a very thin line between a copy and an inspiration.
“Copying is when you start integrating someone’s unique patent in your designs and silhouettes. As far as inspiration goes, people have been getting inspired by one thing or the other for a long time, whether it is from the same field or a different one altogether. For instance, a lot of designers are inspired by architecture,” says image consultant, Neeraj Gaba, adding, “You look for uniqueness but yearn for copying. Grow in your uniqueness. That will make you stand out. When you start copying, you are using someone else’s expertise and ruining your work.”
According to fashion designers Saaksha Bhat and Kinnari Kamat, inspiration is all around us. “No design is completely 100% organic and original because most things have already been tried and tested. The best one can do is stay true to your design aesthetics and sensibilities,” the designer duo says.
Copying an original has affected business for many designers in a big way and continues to do so. The cost a designer ends up paying is much more than the cost he invested in the original design. All this trickles down to what our learning foundation is based on. Gaba points out that our education system is not about practicality. From its very base, it only talks of what you can learn from others. “It is hardly introspective and doesn’t let you question how to make this learning your own and go ahead. We are not brought up as out-of-the-box thinkers,” adds Gaba.
SOCIAL MEDIA INFLUX
Living off other people’s ideas and hard work is giving the industry a bad name. The fact that they have been getting away with it is even worse, feels Bal. What social media platforms such as Diet Prada and Diet Sabya (Instagram accounts who call out designers who copy), are doing is commendable. “People are paranoid. They [Diet Sabya] are doing a fantastic job. They are not sparing anyone. It is helpful for people like us. Copycats know they can’t get away with it, like they used to before,” adds Bal.
However, with the rapid evolution of social media, it has observed a two-fold effect. “On one hand, where the calling out of knock-offs by fashion patrollers like Diet Prada and Diet Sabya has led to a growth in the awareness of the volume of copies, on the other, a growing emphasis on visual representation of design processes and artworks on social media channels has made the process [conducive] for imitation,” says designer Narresh Kukreja (of the duo Shivan & Narresh).
PROTECTING YOUR DESIGNS
Design protection, copyright and trademark are important aspects to protect your designs from being robbed. As a brand, you need to safeguard your designs. For instance, the logo of Shivan & Narresh, comprising 5 iconodot animals symbolising swim, resort, cruise, safari and ski, are all trademarked. “These iconographic symbols are utilised in our prints and borders, thereby protecting our artworks every season,” adds the designer duo. Fashion designers such as Rohit Bal, Ritu Kumar, Anita Dongre and Tarun Tahiliani, too, have protected their designs.
Lawyer Safir Anand feels that the common perception about design protection, copyright, or trademark is that it is expensive. “Designers, at times, hesitate to spend an approximate ₹5,000 to ₹10,000 to protect their designs. If your designs are protected, your client’s confidence will go up. The cost is like buying insurance to exclusivity, immunity and enforceability. For instance, I don’t want to be a client who comes to Rohit Bal and buys something, only to discover that it is available all over the market, over which nothing can be done,” says Anand, adding, “Design protection depends on what you are protecting, so the validity of protecting a design is 10 years, extendible to 15. As for copyright protection, you can protect your images, drawings, photographs, etc. For example, a designer can protect his/her photograph and if anyone puts that photograph on the web without consent, you can sue that person for infringement of copyright.” If you are a designer who copies, then you need to know the consequences:
Punitive damages: The court can restrain the sale or reproduction completely. Alongside, the court can compute damage costs and impose them.
Exemplary damages: Additionally, courts have the power to impose damages as example of deterrence. For instance, if you copied a design and made 50 lehengas, and made a profit of ₹50,000. The designer can claim a damage of say ₹50 into 50,000. And an over and above amount may be benefitted from award of exemplary damages for the wrongful act. The act of violation post any court order will amount to contempt of court and can lead to an attachment of the property of the violator and imprisonment.
With inputs from lawyer Safir Anand