Does Intellectual Property exist in the beauty community?

EXPLORING THE BEAUTY INDUSTRY’S LACK OF LEGAL PROTECTION WHEN IT COMES TO MATTERS OF THE BODY

In 2015, the L.A. based make-up artist and photographer Vlada Haggerty posted an image to her Instagram that even those unfamiliar with the Instagram beauty community have likely come across in some capacity by now: a pair of molten gold lips dripping colour, mouth open and teeth slightly exposed. It would go on to become one of the artist’s signatures and one of the most copied editorial make-up images. Everyone from Kylie Jenner’s beauty label to LVHM’s Make Up For Ever and the fashion brand Guess seem to have knocked it off in different iterations, ranging from packaging to t-shirts. Haggerty has been both outspoken about these alleged infringements and fought back with lawsuits.

Haggerty‘s situation isn’t unique. When it comes to the copycat nature of certain creative industries, it’s hard to ignore the fact that legal protections don’t exist. Of course, there have been several huge conversations about intellectual property in fashion (The Fashion Law has become a go-to for the literal trials and tribulations of designer labels both big and small) and the Instagram account Diet Prada serves as a leading voice of the generation, calling out copycats left and right. But it’s not too often that you hear of a make-up artist suing for copyright infringement.

Read complete article here

November 22, 2018 / Intellectual Property