laws Article Fashion between Inspiration and Appropriation Barbara Pozzo The Faculty of Law, Department of Law, Economics and Cultures, University of Insubria, Via S. Abbondio 12, 22100 Como, Italy;
[email protected] Received: 20 October 2019; Accepted: 6 January 2020; Published: 12 February 2020 Abstract: Fashion is considered an element of “cultural identity”. At the same time, it has always been a dynamic phenomenon in which different styles, designs and models converged, acting both as a source of attraction for designers as well as a source of inspiration to draw and depart from in an attempt at innovation. Influences were reciprocal, with the phenomenon of Orientalism going hand in hand with that of Occidentalism. Today’s discussion focuses on the vindication by various ethnic groups of ways to protect their own folklore as expression of their own cultural identity. The questions that arise are manifold. This contribution aims at framing the problem in the nowadays fashion industry as well as investigating the various possibilities of protecting folklore while preserving cultural identity. The discussion will deal with recent studies that have analyzed the various aspects of cultural appropriation. Intellectual property will be taken into consideration as a way to protect folklore. Nevertheless, this article suggests that other options for achieving protection of cultural heritage and folklore emerge in the field of Private Governance and Corporate Social Responsibility that will offer new opportunities to tackle the problem of cultural appropriation in the fashion world. Keywords: cultural appropriation; intellectual property; traditional knowledge; traditional designs; private governance; Corporate Social Responsibility; folklore 1. Introduction The topic of cultural appropriation in fashion has received much attention in recent years by media as well as by the specialist literature.