When a poor mans imitation can cost the earth
ASDA has recently announced that any would-be Prince Charming can purchase a replica of Camilla Parker-Bowles’ engagement ring for the princely sum of £19. It is probably a fair assumption that Camilla’s actual ring is worth a good deal more, but could it end up costing ASDA an arm and a leg too?
If most people are asked about copyright infringement, they tend to think about someone photocopying a book, or downloading music. What tends to be forgotten about is that copyright actually goes much further and also extends to “artistic work”, which could include the design of an engagement ring. On the basis that Camilla’s ring is a family heirloom, and given its style, the chances are that copyright has expired, but it does highlight issues which can arise when high street retailers seek to copy designs not just of accessories as in this case, but also haute couture amongst other things.
As supermodels showcase designer collections in Milan, Paris and New York, most of us would probably find the creations somewhat extravagant for going to work or popping down to the supermarket. However the buyers sitting in the audience will be looking at the trends for what might suddenly become this season’s “look”. And if they think they spy it, it won’t be long before it appears in the stores in a machine-washable version. But the retailers do have to be careful.
A few years ago, designer Liza Bruce launched a £5 million copyright action against Marks & Spencer over the design of a swimsuit which she claimed had been copied and sold by Marks & Spencer for £21. This case was dismissed at an early stage before any of the evidence was heard, but the value of the claim, at £5 million, does show that huge sums can be at stake.
And it’s not just the catwalks which may be scrutinised but red carpet. With the Oscars approaching, all eyes will be on who wears what dress, but more importantly teams will be poised ready to make similar dresses appear on the High Street. Even the paintwork on the sides of Lothian Buses was apparently inspired by a dress worn by Liz Hurley, though she may not be happy about being compared with the side of a bus!
As long as the retailer (or bus operator) takes care, they should avoid legal proceedings – simply being inspired by a design or trying to do something similar isn’t itself a breach of copyright. The original designer has to prove that the design has actually been copied, which can be difficult to establish.
But if someone does establish a copyright claim, if you have bought that dress, you’d better take care. The remedies for a copyright owner include the right to “seize and detain” an infringing copy under certain circumstances – it could give a whole new meaning to “ripping the shirt off your back”.
FOR FURTHER INFORMATION PLEASE CONTACT: SCOTT KERR