Is upcycling a fad or a crime? The legal limits of creative reuse

The practice of upcycling has gained momentum in recent years as a creative and sustainable response to the logic of rapid consumption. Major brands have begun to incorporate the reuse of materials, old or discarded pieces into high-value collections. At the same time, small creators have found in upcycling a way to stand out, with authenticity and purpose. But despite its growing popularity, this practice raises important questions from a legal point of view: how far does creative freedom go and where does copyright infringement begin?

Image/reproduction: Pinterest

In the legal field, upcycling does not have a specific legal definition, but it can be classified as a practice of reusing products with creative transformation. The problem arises when, in this transformation process, recognizable elements of a brand or a creation protected by copyright are maintained.

For example:

• Customizing an old Chanel bag and reselling it can, in theory, generate implications of improper use of the brand;
  

• Reusing fabrics printed with works protected by copyright can constitute infringement if there is no license from the author.

Where are the risks?

1. Misuse of registered trademarks

Even if the original product is legitimate, by altering and reselling it, the association with the brand continues. This can confuse the consumer and violate the principle of brand integrity.

2. Copyright infringement

Prints, illustrations, embroidery and creative elements that have copyright protection cannot be freely reproduced or transformed, especially if there is a commercial purpose.

3. Misleading advertising and reputational risk

By advertising a piece with references to an original brand (even if altered), the communication can mislead the consumer, which characterizes misleading advertising according to the Consumer Protection Code.

Fashion Law works to balance two essential values:

• The creative freedom of designers, artists and entrepreneurs;

• And the legal protection of brands, authors and consumers.

Therefore, understanding the legal limits of upcycling is essential to avoid litigation, penalties and damage to the brand's image. Creation can (and should) be innovative — but it must also be legally safe.

How to act safely?

• Evaluate whether the reused piece or material contains a registered trademark or protected work;

• Avoid using names, symbols or visual elements that directly refer to the original brand;

• Consider using licenses when possible or necessary;

• And whenever the collection or proposal involves risks, count on specialized legal advice to avoid legal or reputational damage.

Upcycling is a powerful creative tool, but like every trend in the fashion world, it needs to go hand in hand with legislation. Creating with legal awareness means creating with freedom, responsibility and a vision of the future.

If you work with circular fashion, transforming pieces or exclusive collections with reuse, the right legal support can be the key to protecting your brand and expanding your operations safely.