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Why Do Brands Keep Getting Away With Stealing Designs?

This article is written by a student writer from the Her Campus at UCF chapter.

It’s not uncommon to be scrolling through social media and to see a viral post about an independent designer or artist who has had their work stolen by a brand. Everyone will leave a comment expressing their support of the artist, leave a comment on the brand’s Instagram telling them to “do better,” and then keep scrolling. But why does this keep happening? 

The ethicality of fast fashion is not a conversation that hasn’t been had before. There are lots of conversations being had about how fast fashion contributes to textile waste, CO2 emissions and unsafe labor, but not enough people are talking about how they continue to steal designs from small designers. Zara, Converse, Forever 21 and H&M are just a few examples of brands that have stolen from artists and designers over and over again and they keep getting away with it. 

There’s a simple explanation: outdated copyright laws. 

According to thecourtroom.org, there are no set regulations, rules or guidelines to protect fashion industries and their designers. With the rise of fast fashion, there are quicker trends and less time to produce original designs so a lot of brands will steal from other, smaller designers who have less power. 

Without trademarking certain phrases, designs or fonts, independent designers have no legal rights to them. Brands also know that most artists and designers don’t have the money to pursue and go through with lawsuits. So brands can profit from the work of others with no real repercussions, which hurts designers and undermines their work as a whole. 

This leads to designs losing creativity, and to consumers of these styles not recognizing the work that goes into crafting these designs. Since they’re being massively produced and cheaply manufactured, the work of these designers loses its flair and they never get credit for it. 

Fast fashion contributes to this problem because of how quickly trends come and go. Because of social media, an outfit can become a trend overnight. Brands go to social media to seek out the newest trends and since these outfits and styles often go viral, everyone rushes to their favorite brand to get the staples they need for cheap. Unfortunately, a trend can go out of style in a week and then the fast fashion cycle repeats itself.

Fast fashion brands don’t have time to create their own styles considering how fast trends come and go, so copying the designs they see on social media is how they contribute to every trend and continue to succeed as a brand. 

Since there’s not a lot that can be done legally, it’s up to the consumers of these brands to hold them accountable. Stealing work from independent designers is unethical and contributes to a harmful cycle.

If you find out that the clothes a brand is selling once belonged to a small artist or designer, buy them from the original designer instead. 

Supporting sustainable brands, donating clothes instead of throwing clothes in the trash, shopping at thrift stores and upcycling are some ways to cut down on contributions to fast fashion. Support small designers and their art and buy pieces that will be timeless. 

Alexandra is a sophomore at the University of Central Florida, studying print and digital journalism. She loves to be creative in any way, shape, or form and is currently training to be a makeup artist! When she's not in class or writing, she's either at Disney or creating something new.