Upcycling in fashion: can altering a piece violate the original designer’s moral rights?

Upcycling is an increasingly popular practice in fashion, transforming used garments into new creations. However, even legally purchased pieces can lead to conflicts if modifications compromise the integrity of the original work or the designer’s intent.

In Brazil, moral rights of authors are protected under the Copyright Law (Law 9.610/1998). These rights include:

• Integrity of the work: preventing alterations that may harm or distort the original creation;

• Respect for authorship: ensuring the designer’s name is preserved and their work is not disrespected;

• Protection of reputation: avoiding modifications that could damage the creator’s image.

Therefore, owning a piece of clothing does not automatically grant full freedom to modify it in ways that might offend or misrepresent the original work.

Legal guidance is essential to safely implement upcycling. Specialized legal support allows brands to innovate sustainably while respecting intellectual property rights, preventing disputes, and safeguarding brand reputation.