Who owns the creation? The contract with creative suppliers needs to make this clear

In fashion, creativity is currency. But legally speaking, who owns what is created? This question is crucial for any brand that works with freelancers, photographers, designers, or creative suppliers.

Under Brazilian law (Copyright Law No. 9.610/1998), the author of a work — such as a designer or photographer — is the original owner of its intellectual property rights.

Even if the brand pays for the service, ownership does not automatically transfer unless a written agreement expressly grants the rights.

In cases involving industrial design or brand identity, the Industrial Property Law (No. 9.279/1996) also applies, covering registrations and licensing of design and trademarks with the INPI (National Institute of Industrial Property).

Without clear contractual clauses, brands risk losing control over their visual assets.

A photographer, for instance, keeps copyright ownership over campaign photos unless rights are formally assigned. That means a brand cannot freely reuse images for new collections or advertising without permission.

What a solid contract should include

A well-drafted contract must:

• Clearly define assignment of patrimonial rights;

• Set scope of use (duration, territory, purpose);

• Ensure respect for moral rights such as credit and integrity;

• Include confidentiality and originality clauses.

Having a Fashion Law attorney ensures that every creative collaboration is structured with legal clarity — avoiding disputes and ensuring ownership remains with the brand. Beyond contracts, this includes registering designs, trademarks, and protecting the brand’s identity as an intellectual asset. In fashion, every creative idea holds value. Defining intellectual property from the start means preserving not only art — but also the brand’s legacy.