Fashion brands as art: exploring divergent thinking, copyright, and branding strategies

Abstract

This study examines the dynamic relationships among copyright, branding, marketing, and cultural heritage protection within the context of fashion brands. Employing a combination of analytical-critical and legal-dogmatic approaches, the research integrates desk research, a case study methodology, and an extensive review of marketing literature. The analysis reveals that leading fashion brands leverage artification strategies to enhance their brand identity, captivate consumers, and boost financial performance. While artistic inspiration and design are central to the luxury and premium fashion sectors, the study demonstrates that major industry players often fail to comply with relevant legal frameworks. It highlights instances where prominent brands exploit the creative works of others, such as copyrighted art or cultural artifacts, anticipating minimal legal resistance from smaller entities like museums or foundations due to the high costs of litigation. These practices raise significant ethical and legal concerns, particularly regarding the unauthorized monetization of intellectual property. The findings underscore the tension between commercial interests and legal obligations, emphasizing the need for stronger enforcement of copyright and heritage protection laws to ensure fair use and respect for original creators. By exploring these intersections, the study contributes to a deeper understanding of how fashion brands navigate the complex interplay of creativity, law, and market dynamics