Fashion Creations: who owns the design, the brand or the hired designer?

In the fashion industry, it is common for brands to hire designers, either as employees, freelancers, or through service contracts. But an important question arises: if that designer creates a piece that becomes a best seller, who owns the rights — the designer or the brand?

Under Brazilian law, copyright belongs to the author of the creative work, which includes fashion designs. However, in employment or service relationships, these rights may be transferred to the brand if there is a clear contractual agreement.

Without a well-drafted contract, disputes may arise: the designer could claim exclusive authorship or even royalties from the successful piece. This can lead to financial losses, business disruption, and reputational risks for the brand.

To avoid such issues, contracts should clearly state:

• the ownership of the economic rights over the creations;

• the brand’s rights to use, reproduce, and commercialize the designs;

• whether and how the designer will be credited.

A strong contract protects both the brand and the professional, ensuring a fair relationship and preventing future disputes.

In Fashion Law, legal certainty is as essential as creativity. With the right legal support, brands and designers can thrive together while safeguarding their interests.