Copyright in the Applied Arts: Safeguarding creative value

Insights|October 22, 2025

In the ever-evolving landscape of creative industries, understanding the various forms of protection available for intellectual property is one of the key factors for fostering innovation and success. In the context of fashion, textile, and design industries, it is especially useful – even crucial – to be acquainted with copyright and its implications for protecting original works.

Minna Hanninen notes that when creative works are not properly protected, the risks are tangible. Designs can be copied or imitated, undermining both commercial success and artistic integrity. “Copyright is not just a legal safeguard but also a way to ensure that creative value is recognized and preserved,” she says.

Whereas trademarks secure brand identifiers such as logos, names, and symbols that indicate the commercial origin of goods and services, and design rights protect the visual appearance of products, copyright gives protection to original works when they express the free and creative choices of their author. This includes the economic rights to copy, distribute, adapt, display, and perform the work for a limited period, allowing for unhindered economic exploitation.

All these forms of protection can be utilized simultaneously for enhanced protection. As each comes with its own strengths and limitations, understanding them helps in choosing the most appropriate and effective combination for creative works.

In the EU, copyright protection requires two cumulative conditions to be satisfied. First, there must exist an original subject matter which is the author’s own intellectual creation. Second, classification as a work is reserved to the elements that are the expression of such creation. In practice, this means that a part or element of a larger work can enjoy copyright protection, even if the entire work is not considered copyrightable.

Originality in the EU is defined as the reflection of the personality of the author, expressing their free and creative choices. It is not considered to occur when the shape of the object has been dictated exclusively by technical or commercial considerations that leave no room for creativity. For example, if a form must look a certain way to fit with another component, or if the outcome is so ordinary that anyone could have created it, originality is lacking. Importantly, AI-generated works are not considered original and are therefore not copyrightable.

The types of copyright-protectable works are not exhaustively listed. In the fashion, textile, and design industries, it can apply to designs, sketches, patterns, and any other artistic expressions. In Finnish practice, for example, furniture, sets of tableware, plastic water bottles, and scarves have been granted copyright protection. In Denmark, shoes have been recognized as protectable, and in the UK, even make-up palettes. This variety highlights the versatility of copyright as a form of protection.

In jurisdictions outside the EU, stricter conditions for copyright protection of applied arts may still apply, and formal registration might be necessary to strengthen or enable legal enforcement, even though in most countries copyright exists from the moment of creation.

In addition to enforcement against potential infringements, copyright can be leveraged in various strategic ways. Licensing allows creators or copyright holders to monetize their protected works through authorized use by others. Strategic collaborations can also foster innovation and expand market reach. Moreover, copyrights are often key features for building brand value by strengthening brand identity and differentiating products in competitive markets.

To maximize the benefits of copyright, it is essential to raise awareness about its importance. Organizations should establish intellectual property policies that address copyright issues, train their staff to recognize and report potential infringements, identify business opportunities, and ensure proper documentation and confidentiality to protect rights.

Another important context is copyright ownership in employment and external agreements. In Finland, works created by an employee during employment belong to the employee unless otherwise specified in the contract. Any transfer of rights to the employer must therefore be agreed upon separately, typically through clauses in employment contracts. Clearly defining ownership and usage rights in agreements with external designers, including terms on remuneration, transparency, and moral rights, helps prevent disputes and ensures that all parties understand their rights and obligations.

When originality is supported by thoughtful protection, creative work becomes an enduring part of a brand’s value.