The American Flag between Fashion...

The American Flag between Fashion, Heritage, and Law

A Fashion Law Dinner Party with Fashion by Felicia by Felicia Caponigri
S1 · E12
Jul 1, 2024
49:02

Episode notes

A central symbol of an American summer is the American flag. With the 4th of July, we find more and more fashion featuring the American flag. But the American flag can also be a part of brands' heritage and identities. Why can artists and fashion designers alike reinterpret the flag and make their own prints or patterns with the flag? Are there any laws that actually circumscribe the use of the American flag? In this episode, we speak to Professor Cathay Smith, a copyright, art law, and cultural heritage law expert at Chicago-Kent College of Law, about these questions and artists' and fashion designers' use of American icons like the flag and even the Statue of Liberty in their creations. As part of our conversation, we discuss how we decide what is original or not when designers use American icons like the flag and explore some imaginary fact patterns involving American brands like Ralph Lauren and a French brand, Dior, that was inspired by both the American and French flags.

Keywords

fashion law
cultural heritage
IP law
intellectual property
culture
fashion, business and law
cultural property
legal education
copyright
American flag
American fashion
summer fashion
copyrigh
First Amendment
flag bikinis
American symbols
Statue of Liberty
appropriation