The eighth edition of Bogotá Fashion Week took place Between May 20 and 22, 2025. This event serves as a platform for showcasing fashion and design—creations that also can be protected by intellectual property.
This year, the runway for the “Nuda Vida” collection by designer Ricardo Pava sparked considerable controversy, as it was inspired by migrants crossing the Darién jungle. While some conceive it as profit of a tragedy, others see it as a legitimate artistic expression portraying human suffering.
However, beyond this ethical debate, there is a notable concern regarding a potential copyright infringement. Pava mentioned that the “terra” color in the collection’s color palette was inspired by a photograph he found on Pinterest without credits, depicting a mother and her daughter covered in mud while crossing the Darién. However, the photo was taken by photographer Federico Ríos in 2022 for The New York Times.
Copyright protects a work from the moment of its creation, and the presence or absence of credits is not a determining factor in identifying an infringement. The absence of attribution does not place a work in the public domain, as copyright is inalienable and non-waivable. The visibility of credits serves an advertising purpose, not a legal one in terms of enforceability.
In this case, there is unauthorized use of a protected work—not because it served as inspiration for the collection, but due to its publication, without authorization, on the fashion show’s website.
As a result, there is a clear infringement of both moral and economic rights of the author. Firstly, the moral right of attribution, which is the author’s right to be recognized as the creator of the work, is violated. This right is inalienable and non-transferable, even when a rights transfer agreement exists. Additionally, with respect to economic rights, the right of reproduction has been infringed. This refers to “the fixation of the work in a medium that allows its communication or the creation of copies, in whole or in part, by any means or process.” Finally, the right of public communication has also been violated—this refers to the right of the holder to “authorize or prohibit acts through which a plurality of people can access the work,” whether through public exhibition or other means.
In light of the above, it is crucial to raise awareness that the ease of sharing works through digital media does not lessen their degree of legal protection or the obligation of users to respect intellectual property.
