Fashion Creations and Copyright: Are They Protected as Art?

In a piece featured on the Morri e Rossetti website and later shared by Artribune, attorney Federica Minio delves into the topic of copyright safeguards for fashion designs, using the Armani/Silos exhibition in Milan as a starting point. Minio posits that numerous clothing items qualify as art, referencing their classification within the SIRBeC system. The discussion addresses Italian copyright legislation (Legge Autore) and industrial property regulations, highlighting that fashion can receive protection as "disegno o modello" per Articles 31-44 of the Industrial Property Code and through copyright as stated in Article 2, number 10 of the Copyright Law. This dual form of protection was established in 2001 with EU Directive 98/71/CE. For copyright eligibility, designs must exhibit "carattere creativo" and "valore artistico," as acknowledged by cultural institutions. In 2016, the Tribunal of Milan awarded copyright to Moon Boots.