Protecting Creativity In Fashion: Practical Tools For Fashion Designers In Preventing And Resolving Copyright Disputes

The Nigerian fashion industry has blossomed into a global force. Step onto any runway today and you'll see Nigerian fashion taking its rightful place on the global stage.¹ From red carpets to international showcases, designers like Veekee James, Prudent Gabriel, Andrea Iyamah, and Deola Sagoe are redefining style with bold creativity and cultural richness.

Fashion is often seen as an expression of style, luxury, and beauty. But this expression is born out of the creativity of someone's mind. In other words, every garment begins first as an idea—a sketch in most cases—lines on paper that gradually evolve into fabrics, cuts, and designs. At every stage of this creative process, different contributions might come into play. Sometimes two or more people may collaborate to create a single piece, or a photographer may be invited to capture the design. In other cases, a manufacturer may step in to reproduce the work at scale. Each of these interactions can raise questions about ownership and, at times, spark disputes over intellectual property rights among the parties involved.

When this occurs, how are such disputes resolved, and more importantly, how can fashion designers protect themselves before disputes even arise?

This article explores how fashion designers can leverage copyright and contractual protections in resolving copyright disputes. It highlights practical tools designers can use to safeguard their work, examines how disputes over designs can be addressed, and emphasizes why protecting originality is essential for sustaining both creativity and profit in the Nigerian fashion industry.

The Role of Intellectual Property Law in Fashion

Intellectual Property (IP) law is the area of law that gives creators rights over their intangible creations.² It covers copyright, trademarks, patents, trade secrets, and design rights, all aimed at encouraging innovation by protecting and rewarding originality. These rights allow inventors, artists, and businesses to control how their creations are used, reproduced, or commercialized.

In fashion, IP law plays a central role in safeguarding creativity and brand identity.³ Designers depend on trademarks to protect their logos, slogans, and distinctive branding elements, while copyright can extend to illustrations, original textile patterns, and even digital prints. Patents, though less common, may apply to innovations in fabric technology or wearable designs. Design rights, such as those under the Patent and Design Act, secure the aesthetic features of garments.⁴ Together, these frameworks are vital in curbing counterfeiting, protecting originality, and enabling designers to reap the full benefit of their creative output.

Copyright Law and Fashion

Copyright lies at the heart of creative expression in the fashion industry. At its core, fashion thrives on creative expression and dresses, shoes, jewellery, and accessories all begin as creative ideas subsequently translated into tangible form. It extends to the creative elements employed throughout the design process—from hand-drawn sketches and illustrations to digital prints, textile patterns, fabric motifs, embroidery designs, and even weaving techniques. It safeguards the originality of these creative designs by granting the creator/creators exclusive rights over their use, sale, reproduction, and distribution.

The Copyright Act 2022 ("the Act") recognises six categories of works eligible for protection:

• Literary works, such as books, scripts, and computer programs.
• Musical works, such as songs and musical compositions.
• Artistic works, such as drawings, paintings, photographs, textile designs, fashion sketches, graphic prints, and similar artistic creations.
• Audiovisual works, such as films, videos, and animations.
• Sound recordings, such as recorded music and podcasts.
• Broadcasts, such as television and radio transmissions.⁵

Fashion designs qualify as protected artistic works if they are original, fixed in a tangible medium, not intended for industrial or mass production, and are not excluded under other provisions of the Act.⁶

1. Originality – The work must originate from the creator's effort, skill, or judgment, not copied from someone else. This does not mean it has to be completely new in the world, but it must bear the designer's distinct/personal touch of creativity.⁷
2. Fixation in a tangible medium – The work must be expressed in a form that can be seen, touched, or recorded (e.g., sketches on paper, saved/printed digital designs, or embroidery on fabrics). Mere ideas, concepts, or inspiration in the designer's mind are not protected until they are expressed in such fixed form.⁸
3. Not intended for industrial or mass production - the Act provides "An artistic work shall not be eligible for copyright, if at the time the work is made, it is intended by the author to be used as an industrial design, as defined under the pattern designs."⁹ In other words, where an artistic work is created solely for the purpose of industrial or mass production, such a work will not enjoy copyright protection.

For the fashion industry, this limitation carries significant weight because many designs are created with mass production in mind. However, these works are not left entirely unprotected. They may instead qualify for registration as industrial designs under the Patents and Designs Act.¹⁰. Unlike copyright which is automatic and does not require formality for protection, an application must be made for industrial design to be protected under the Patents and Designs Act.

Copyright Infringement and Fashion Disputes

Fashion, by its very nature, is vulnerable to imitation. Beyond simple copying, disputes often arise when the boundaries of ownership and originality are blurred. For instance, a designer may discover that their carefully developed sketch or fabric print has been reproduced by another without permission, appearing on social media, in stores, or on the runway. Disagreements may also surface in collaborations.

Disputes can even extend to the designer–client relationship. A well-known example is the saga between fashion influencer, Hafsah Mohammed (popularly known as Hafymo), and renowned designer, Deola Sagoe.¹¹ Hafymo alleged that her bespoke wedding gown, commissioned and purchased at a premium, was later replicated for another bride by Sagoe. Sagoe, however, maintained that the design remained her intellectual property. The incident revealed the clash between a client's expectation of exclusivity and the legal reality that copyright protection generally vests in the creator. Another common scenario plays out when the creative idea originates from the client. A customer approaches a fashion designer with a specific design—perhaps a sketch or inspiration image they personally provide—only to later discover the same design reproduced and sold to other clients.

These scenarios highlight a common thread: most fashion disputes stem not only from imitation but from unclear boundaries of ownership, exclusivity, and rights. For example, in the Hafymo vs Deola Sagoe case, the heart of the conflict was not simply the gown itself, but the absence of clarity on whether a request and payment for a custom-made outfit guaranteed exclusivity, or whether the designer retained the right to reproduce the design for others. Similarly, when a client provides a sketch or inspiration and later sees it reproduced elsewhere, the issue often lies in the lack of prior agreement on who owns the resulting work. These grey areas demonstrate why copyright knowledge is vital—not just as a means to protect designs from theft or infringement, but as a proactive tool to structure relationships, protect creative output, and prevent ownership disputes before they escalate.

The Role of Copyright and other Measures in Preventing Fashion Disputes

In the fashion industry, disputes often stem from questions of ownership, originality, and exclusivity. Without clear legal boundaries, a single design can trigger conflicts between designers, clients, photographers, manufacturers, or collaborators. While copyright provides a structured legal framework to prevent many of these conflicts, combining it with practical business practices allows designers to safeguard their creations, maintain exclusivity, and minimize the risk of costly disputes.

For fashion designers, copyright protection arises automatically once sketches, textile patterns, digital prints, or other artistic works are fixed in a tangible medium.¹² Formal registration is not required, though Nigeria's voluntary system of registration with the Nigerian Copyright Commission can serve as valuable documentary evidence in case of disputes. However, legal protection alone is not enough. Designers must actively embed copyright awareness into their day-to-day business practices. Some practical steps include:

• Maintain dated records – Retain sketches, prototypes, digital files, and correspondence as evidence of authorship and originality. Time-stamped records can be decisive if ownership is contested.
• Draft clear written agreements – Contracts with clients, collaborators, photographers, or manufacturers should explicitly define ownership, usage rights, and exclusivity. For example, if a designer commissions a photographer for campaign shots, the agreement should confirm the designer's rights to use and distribute the images commercially. Note that WhatsApp chats which show clear terms and understanding between the party may suffice as a written agreement.
• Clarify exclusivity with clients – When creating a bespoke outfit, the designer should specify whether the design remains unique to the client or if elements may appear in future collections. This prevents misunderstandings about the scope of exclusivity.
• Acknowledge client contributions – If a client provides the original concept, such as a sketch or inspiration board, the agreement should recognize this input, either through attribution, exclusivity rights, or shared authorship arrangements.
• Educate collaborators – Staff, interns, stylists, and manufacturers should be made aware of copyright obligations to avoid unintentional infringement. Clear guidance helps prevent disputes stemming from ignorance.

By combining the automatic protections of copyright with proactive, transparent practices, fashion designers can safeguard their creativity, respect and acknowledge client contributions, and significantly reduce the likelihood of disputes. Ultimately, understanding and applying copyright is more than a legal formality—it is a strategic tool that strengthens a designer's control over their work, protects brand reputation, and fosters a professional and trustworthy business environment.

Navigating Copyright Disputes: Resolution Mechanisms and Legal Remedies

Copyright provides a legal basis for protecting creative works, allowing designers to respond effectively to infringement, misappropriation, or unauthorized reproduction of their creative works. Even with preventive measures in place, copyright disputes may still arise. When they do, fashion designers have clear avenues to assert their rights and seek remedies under Nigerian law. These include:

• Assert Rights/Ownership – Demonstrate that the design or work originated from them using evidence such as sketches, drafts, digital files, contracts, or correspondence.
• Issue Cease-and-Desist Notices – Formally demand that the infringing party stop using the copyrighted work immediately. This can be issued through a legal counsel on your behalf.
• Negotiate Settlements – Even when ownership is disputed, designers can leverage the legal protections provided by copyright law, such as claims of originality and fixation, to engage in out-of-court discussions and seek an amicable resolution while preserving business relationships.
• Arbitration – When disputes cannot be resolved through negotiation, arbitration offers a structured alternative to court litigation. Arbitration can be utilised when the parties have previously entered into a written agreement containing an arbitration clause, or when they mutually agree in writing to submit their dispute to an arbitral tribunal.¹³ While an arbitral tribunal lacks jurisdiction to determine the ownership of copyright—such matters being within the exclusive jurisdiction of the Federal High Court—it may validly adjudicate on other issues arising from the dispute, such as contractual rights, obligations, and alleged breaches between the parties. In fashion, arbitration can be particularly useful because it is typically faster, confidential, and allows parties to appoint arbitrators with specialized knowledge in intellectual property and the creative industries.¹⁴
• Seek Judicial Remedies – If negotiations or arbitration fail, pursue remedies in court, including:
• 1. Declaration of copyright ownership,
  2. Injunctions to prevent further use of the works,
  3. Damages for losses suffered, and
  4. Accounts of profit to recover earnings made by the infringer from unauthorized use.
• Leverage Copyright Registration (Optional) – While not required for protection, voluntary registration can strengthen evidence of ownership and expedite legal proceedings.

By combining preventive strategies with both alternative dispute resolution and judicial avenues, fashion designers can safeguard their creative output and commercial interests, ensuring originality and innovation are respected across the industry.

Conclusion

The Nigerian fashion industry thrives on creativity, innovation, and cultural expression, but it is equally exposed to risks of imitation, misappropriation, and disputes over authorship. As we have seen, these conflicts often arise not only from outright copying but also from unclear agreements, collaborative misunderstandings, or differing expectations between designers and clients.

Copyright serves as a vital tool for fashion designers, offering both protection and clarity. By understanding the scope of copyright, applying it proactively through contracts and documentation, and knowing the legal and alternative avenues available for dispute resolution, designers can safeguard their originality, protect their commercial interests, and maintain the integrity of their brand.

Ultimately, knowledge of copyright law is more than a defensive measure—it is a strategic asset. When combined with careful planning, transparent collaborations, and practical enforcement mechanisms, it enables Nigerian designers to confidently innovate, build sustainable businesses, and contribute to a fashion ecosystem where creativity is recognized, respected, and legally protected.

Footnotes

1. Kareem Azeez, '6 Nigerian Fashion Designers Making Bold Statements on the Runway' The Guardian (9 August 2024) https://guardian.ng/features/6-nigerian-fashion-designers-making-bold-statements-on-the-runway/ accessed 13 September 2025.

2. F.O Babafemi, Intellectual Property: The Law and Practice of Copyright, Trademarks, Patents and Industrial Design in Nigeria (Justinian Books Limited 2007), 1.

3. Susanna Monseau, Protecting Creativity in Fashion Design; US Laws, EU Design Rights, and other Dimensions of Protection (Routledge 2023).

4. Tanya Kumari and Harshita Singh, The Impact of Intellectual Property Rights in the Fashion Industry' (2024) 4(2) India Journal of Integrated Research in Law 1124-1143.

5. Section 2(1) of the Copyright Act 2022

6. Section 2(2) of the Copyright Act 2022

7. Section 2(2)(a) of the Copyright Act 2022

8. Section 2(2)(b) of the Copyright Act 2022

9. Section 2(6) of the Copyright Act 2022

10. Section 12 of the Patents and Designs Act, Cap. P2. Laws of the Federation, 2004

11. Temi Iwalaiye, 'Bridal House, Deola Sagoe Closes Bespoke Services Following Accusation From Customer' The Pulse Nigeria (5 November 2024) https://www.pulse.ng/articles/lifestyle/fashion/deola-sagoe-closes-bespoke-services-following-accusation-from-customer-2024111911045393908 accessed 13 September 2025.

12. Bernice Ofunre Asein, Fashion Law in Africa: A Comprehensive Guide for Lawyers, Entrepreneurs, and Industry Leaders (Fashion Law Institute 2025)

13. Section 2 of the Arbitration and Mediation Act 2023

14. Purva Sagare, 'Fashion Resolution: Exploring ADR's Role in the Fashion Industry' Juris Centre (14 October 2023) https://juriscentre.com/2023/10/14/fashion-resolution-exploring-adrs-role-in-the-fashion-industry/ accessed 13 September 2025.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.