A fashion show is often defined as a performance in which models and models play a role by presenting the designer's creations on themselves. In the fashion world, for the designer himself, the presentation of a collection by means of a show is perceived as the highest art form of the creator.
Fashion houses rely on the help and vision of the show's directors when creating their global shows. The collection itself as well as its representation through this vision are the key to success, and the critics themselves pay attention to the smallest details, including the choice of models and their movement. The materialised vision of the director and designer in legal terms constitutes a work, and this in itself is subject to legal protection.
Marc Jacobs, autumn/winter 2020-2021r.
Apart from the creative process, its protection is just as important, bearing in mind the plagiarism of an idea or the lack of clear legal and financial regulation in the way of the performer and the fashion house. A show is undoubtedly a huge artistic endeavour in which numerous creators contribute, including set designers, musicians, make-up artists, stylists and many others. The French Courts have dispelled doubts and clearly stated that the fashion show constitutes a work within the meaning of the law.
Thus, granting the status of "performers" to the models taking part in the show. However, under Polish law the situation is not as simple and obvious as in the fashion capitals of the world.
Polish courts still have not taken a clear stance on the role of those recreating the designers' vision; we can only speak of legal protection for models on property grounds. However, the law has left a loophole and the exception to this rule is when it is the show that is choreographed and through this creation that is defined as a whole.
Balenciaga spring/summer 2023r.
In appreciating the role of the show's performers, we hope that Polish law will favour the artistic participation of models by also granting them protection under copyright law.
Wiktoria Szewczak
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