Blogging & the laws 

In terms of IPR, both, the presenter/blogger and the represented/the concerned fashion brand or celebrity are at high risk of being infringed, copied, and misinterpreted. The fashion industry has always been susceptible to these risks.

The photographs used by both fashion brands and bloggers in their campaigns are subject to illegal use outside the dimensions of fair use doctrine. In one of the instances, back in 2011, ZARA was accused of stealing photographs and design work of bloggers and imprinting the same on their clothes, and making money out of it. This serves as a perfect example of a case where a fashion brand had infringed on the IP of a fashion blogger. After massive criticism and outcry from the blogging community, the t-shirts and other items of clothing were taken down by Inditex. 

Fashion bloggers often endorse certain brands to raise their own profile and also to help the brand gain customers. This is a fair and universally acknowledged practice but the only concern is that bloggers have to reveal any form of paid promotion or brand deals that underwent in their publication. The FTC Regulation of Native Advertising mandate that all the paid promotions be revealed to the consumers so that they can make informed choices and decided for a brands’ worth on their own.

Blogs offer a platform for interaction between readers and consumers who like to put forth their opinions on literally everything. So it is the responsibility of the fashion blog to lay out certain rules of privacy and terms and conditions to ensure that the community engaging over their platform is not being disrespectful to anyone or a group of individuals. In doing so, the accountability of the blog owner is enhanced and guarantees protection from legal sharks in case of any possible disputes. 

Conclusion 

The ambiguity with regard to what is eligible to be put by fashion bloggers is bound to stay. But bloggers can take certain precautions to protect their own IP and safeguard themselves from possible lawsuits from celebrities and brands that they tend to cover in their blog pieces. Blogs are the brands of trendy journaling and thus need mechanisms to protect and foster brand quality and image. 

Starting off by registering a domain name guarantees website protection and no other blogger or fashion brand can then use it. Bloggers can then get copyright over their exclusive photographs and imagery and also for their content. They could also rope in Blockchain technology to detect infringers of their copyrighted work. 

On the contrary, fashion should also be very cautious about the way in which they use the copyrighted work of photographers, brands and also should respect celebrity/model rights. Procuring licenses from modeling or photograph agencies should be the ideal way to use pictures on blogs. If not then due credit should be given to these agencies and photographers. Giving credit does not eliminate the risk of being sued but assures the copyright owner of fair use. Blog owners should also respect the limits of criticism and must ensure that it does not turn into defamation. Defamation is bad-mouthing about someone or something without solid evidence to back it up. Therefore, bloggers should refrain from engaging in defamatory activities as it is also not considered good practice for their own brand value as well.  

Following these basic steps could help bloggers stay away from the parameters of court and legal authorities. But at the same time, it is often the responsibility of the judiciary to check the balance between freedom of expression and curtailment of free speech. It, therefore, becomes quintessential for bloggers to understand the balance and harmonize their content to build a platform of trust. 

Today, jewelry has come to be identified according to the era it belonged to. Ancient, modern, and futuristic are some of the eras. The craftsmanship or artisanry is also challenged by 3-D printing tools that effortlessly create high jewelry. The current era is also awakening to sustainable jewelry, the contours of which are still elementary. 

Intellectual Property Rights (IPR) is often perceived as the only law applicable to the jewelry industry. The applicability and conflict of copyright laws and design protection is the most commonly sought-after issue. Copyright law allows for sixty-year protection to the graphical representation of designs and the Design Act allows for ten plus five years of protection to registered designs which are unproduced and unavailable for the masses. But the conundrum seeps in when there is an overlapping of protection sought from both copyright and design law. To bone of tussle here is with regard to “Rule Fifty”. If a registered design is produced more than fifty times then the protection granted by Copyright Act ceases to exist. The Copyright Act also does not allow for double protection if the design is already registered under the Designs Act. 

But the law governing jewelry is not limited to IP. The jewelry industry is as complex as the clothing industry. Supply chain or the life story of a jewel is also multi-regional and multi-contractual. Due to the geographical importance of some jewels; like East-South East Africa is famous for colorful gemstones like garnet, sapphire, and tourmaline; the law pertaining to environment and labor in these regions is of significance form for a socio-legal welfare perspective. 

Therefore, the aim of this article is to access and analyze the non-IP segment of jewelry law and provide insights into emerging areas like e-commerce and the standardization of jewelry. 

E-commerce and Jewelry 

Many brands today have shifted to the online mode of business. Brands are notching up the game by introducing various innovative means to lure customers online. Gucci, for example has created augmented reality assisted try-ons to ensure steady sales. The jewelry industry is no exception. Indian jewelry brands like Tanishq, Kalyan Jewelers, ForeverMark Diamonds have teamed up with MirrAR to boost their sales and keep up with the changing times of fashion and technology. 

Technology for jewelry brands is a necessity. But this creates room for issues like standardization and ethics. Brands like BlueStone have adopted various standardization mechanisms for their online mode of business. Certification of jewels is a universally accepted process that allows the buyers to understand the treatment undergone by a particular jewel before it reaches them. It also entrusts authenticity and helps ease the transfer of jewels from one buyer to another. This has significantly helped in the establishment of a strong second-hand market for the jewelry industry. 

Many agencies and organizations provide certification marks that promote universal standardization. Here is a list of few:-

International Gemological Institute

It is one of the world’s largest certification organization with presence in many international cities and at various jewel hubs of India like Surat, Chennai and New Delhi.

Gemological Institute of America

One of the oldest standardization organizations in the world and trusted over decades by all the leading brands. It is famous for its 4C’s- cut, clarity, color and carat weight. They have been a part of certifying some of the greatest gems ever discovered. 

Solitaire Gemmological Laboratories Ltd. 

They embody the highest level of reliability, consistency and integrity. It is an independent gem testing laboratory with research centers all across the world. In India they are located in Mumbai, Bangalore, Chennai, Hyderabad, Thrissur, Coimbatore, Pune and Jaipur.     

BIS Hallmark

The Bureau of Indian Standards is the national standard body of India. It is modelled on International criteria and grants registration to jewelers. The BIS certified jewelers can get their jewelry hallmarked from any of the BIS recognized Assaying and Hallmarking Centers. 

International Institute of Diamond Grading & Research (IIDGR)

It was founded by the De Beers Group of Companies and is located in Surat. It is one of the few organizations identified and authorized by the government to issue certifications of quality.  

India is one of the largest epicenters for cutting and transforming gemstones and diamonds and also has one of the largest reservoirs of these precious stones and metals. But it has been found that many of the resources that are untapped are unethically exploited at the cost of harming nature. 

These issues take a complex turn when dealing in jewelry over online stores. Most of the brands selling jewelry do not comply with the standards. It has also been seen that they overlook the definitive part of items like sterling silver and gold/silver plated. The absence of strong government guidelines on these issues adds up to this bling blunder. 

It is high time that the government should issue guidelines and layout policy framework to institutionalize the entire online jewelry market. In doing so, the government will not only ensure accountability from the manufacturers and brands but also create trust amongst the consumers.  

]]> https://fashionlawjournal.com/read-to-know-jewelry-and-law/feed/ 0 https://fashionlawjournal.com/why-plus-size-men-are-missing-from-the-fashion-modelling-industry/ https://fashionlawjournal.com/why-plus-size-men-are-missing-from-the-fashion-modelling-industry/#respond Sat, 12 Jun 2021 06:29:40 +0000 https://fashionlawjournal.com/?p=1769 Style comes in all shapes, sizes and sexes, but not fashion. While scrolling through the many online-shopping portals, one would be lucky to come across a rare sighting of a plus-size male model.  The modeling industry is starkly divided on the gender lines with the female models taking the lead in every aspect. The fashion industry has always been slow to adopt changes and the case falls fit with the inclusivity of plus-size male models. The dearth of dad bods and excessive flooding of wash-board abs is a common phenomenon in the industry. This brings in the question, where are all the plus-size male models? aka, our very own fluffy beings. 

So, what exactly is a plus-size model? Any size disrupting the conventional standards of bodily measurements is a plus-size. The plethora of variations in height, weight, color, and sexual orientations have slowly started to break into the high castles of fashion. But their representation is limited and often gets undermined in the vast pool of normalcy. Many factors over the decades have contributed to this menace of exclusivity. Here, we spell out a few. 

Fashion is all about selling that impossible and unattainable dream which is often draped in sexual fantasy. Be it Mark Wahlberg’s sensational Calvin Klein commercial with Kate Moss or David Gandy being the patron of Dolce & Gabbana, it has always been the standard of fashion. Elitism and fixation of these standards backed by advertorial propaganda of an ideal body type crept in an unwelcoming attitude towards plus-size bodies. 

Body positivity is a fashion faux for many brands. Most of the brands hire a couple of plus-size models and easily fetch the diversity ticket. The selection of these models is often done because they come with pre-installed fame and help in gaining social-media traction. It is easy to spot these odd ones out in show or editorial roles. This selective diversification is an equally unrepresentative venture by the brands. 

The role of modeling agencies is precarious. Only a few modeling agencies have a dedicated plus-size counter. This is also partially because of low demand for plus-size models by brands, hence, the shortage in supply. Agencies tend to keep a handful of these models at their disposal to meet industry-specific needs of brands and other clientele. Lack of serious consideration to plus-size models as against their standard-sized counterparts is another discriminatory issue. 

Plus-size modeling is not pursued as a full-time career nor is considered lucrative enough as well. Many established plus-size models are full-time employees in other occupations and do modelling as a part-time activity. This is because of the scarce opportunities presented by the modelling industry. An absence of a face of a representative plus-size community of models adds to the failure in making their voices heard. 

The psychological aspect of plus-size modelling is a major issue that keeps enthusiastic plus-size models at bay. Models are afraid of fat-shaming, which tends to downgrade their morale and sheds their confidence. The standards of the fashion industry seem to be unbending and multiple rejections faced by plus-size models, pushes them to change their bodily stats to fit in the glove. This frequently is found to take a toll on their mental health and psychological wellbeing. 

In conclusion, it can be asserted that the fashion industry is relaxing its superfluous norms to a tiny extent. 2016 marked the first year in which a plus-sized model was first signed by IMG Models’ Brawn division which caters to plus-size models. Curve Model Management is one agency that caters to a wide range of models including plus-size models. Many plus-size fashion bloggers are gaining virtual acceptance through platforms like Instagram and Snapchat.  

The way is all up-hill but change and acceptance of plus-size models is sure to be an inevitable reality soon.