Can runway performances by models be protected by copyright?

The debate surrounding live fashion show performances has gained momentum in recent years, raising three key questions: Do models qualify as performers? Do body movements, postures and catwalks constitute artistic works? Can runway performances be protected under copyright regulations?
Under Article 3 of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, performers are defined as “persons who act, sing, deliver, declaim, play in, or otherwise perform literary or artistic works.” Similarly, Article 2(a) of the WIPO Performances and Phonograms Treaty describes performers as “persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore.” These definitions suggest that individuals presenting creative and rehearsed performances can be considered performers.

Turning to Turkish law, Article 1/B(a) of the Law on Intellectual and Artistic Works (LIAW) defines a work as “Any intellectual or artistic product bearing the characteristic of its author, which is deemed a scientific and literary or musical work, a work of fine arts or a cinematographic work.” In light of these provisions, models’ runway performances, characterised by planned and rehearsed movements designed to showcase iconic fashion pieces, can arguably be categorised as performances within the scope of copyright.
Article 9 of the Rome Convention allows contracting states to expand the scope of copyright protection to artists who do not perform literary or artistic works. Countries like France and the UK provide illustrative examples of this expansion. Under the Copyright, Designs and Patents Act 1988 in the UK, the scope of performers’ rights is defined with reference to “performance”, which includes dramatic performances such as dance and mime, as well as variety acts. These provisions provide a basis for arguing that models’ catwalk presentations, which often incorporate choreographed movements, could qualify as protected performances.

Judicial decisions also shed light on this issue. In the case Ashby Donald and Others v. France before the European Court of Human Rights (ECtHR), the applicants – fashion photographers – were convicted of copyright infringement for publishing photographs from fashion shows on a website without the authorisation of the fashion houses whose designs were featured. The applicants argued that they had been invited to the shows and that the publication of the photos was part of their journalistic work, with no added risk of copyright infringement, as other accredited publications also released the images. They contended that the conviction interfered with their freedom of expression.
The ECtHR held that there was interference with the applicants’ right to freedom of expression, but this was justified by the legitimate aim of protecting the fashion houses’ authorship rights. The court found that the applicants’ actions were commercial rather than part of a public debate, granting domestic authorities a broad margin of appreciation in enforcing copyright protection.

The Ashby decision also marks a turning point for performers’ rights, particularly in the context of fashion shows. French courts had already concluded that fashion shows were considered “works” under French copyright law, a view upheld by the ECtHR. This decision could extend to the protection of runway models’ rights, as performances during fashion shows might also be protected under performers’ rights. Given the broader interpretation of performers’ rights post-Ashby, models could potentially claim intellectual property protections for their performances in fashion shows. This development may shape future legal interpretations and protections for performers in fashion events.
Examining the Turkish context, discussions surrounding motion trademarks, such as the registration of the “Salt Bae” gesture as a motion mark, have raised questions about the copyrightability of body movements. However, the lack of specific legislation or established jurisprudence in Türkiye has left these discussions inconclusive. Future developments in Turkish intellectual property law may provide clarity, particularly as the creative industries continue to evolve.

While no explicit recognition of runway performances as copyright-protected works currently exists, international examples and judicial decisions suggest a trend toward broader protection. As domestic and international laws adapt to new forms of artistic expression, it is likely that the performances of models on the runway may eventually be recognised under copyright law. This evolution would reflect the growing acknowledgment of the creative and artistic elements inherent in such performances.

Fashion legend Alexander McQueen once said, “Fashion should be a form of escapism, and not a form of imprisonment.” Models bring that escapism to life, creating an emotional connection between the clothes and the audience. Their movements, poses, and presence transform fabric into living art. Recognising these performances as copyrightable would not only elevate the status of models within the fashion industry but also emphasise the creative and collaborative elements that underpin such events.

So, the next time you watch a fashion show, remember: those fierce struts and dramatic poses might just be the next frontier of copyright protection. After all, why shouldn’t models—and their performances—get the legal spotlight they deserve?