The plagiarism allegation brought by Brazilian designer Jheniffer Ferreira (Jheni, of the brand SSJHENI) against Shakira’s team and the Italian fashion house Off-White once again brings to the forefront the legal protection of fashion under the lens of intellectual property. According to Jheni, the design of her original skirt, worn by Shakira in the music video for “Dai Dai”, allegedly served as the basis for the creation of a very similar skirt, credited to Off-White and worn by the singer at the World Cup opening ceremony, without any acknowledgment or recognition of the Brazilian designer.
According to the designer’s account, after the music video was recorded, Shakira’s stylist requested that the skirt be sent to him, claiming that the artist wished to keep it in her personal archive. However, the address provided allegedly belonged to a professional associated with Off-White. This detail fuels the suspicion that direct access to the original piece may have been used by the brand to develop a similar model, a fact that is relevant from a legal standpoint, as it evidences prior knowledge of the creation.
From the standpoint of copyright law, it is important to note that, in Brazil, protection arises automatically from the act of creating the intellectual work, pursuant to Law No. 9,610/98, and does not depend on any registration to exist. Registration is optional and serves primarily as evidence, facilitating the demonstration of authorship and priority, but it is not a prerequisite for the emergence or exercise of the right. Thus, even if Jheni’s piece is not registered, it may be legally protected from the moment it was conceived, provided that its originality and date of creation are proven.
From this perspective, the unauthorized reproduction of a piece whose form, concept and overall aesthetic can be clearly identified as the designer’s creation may amount to copyright infringement, especially when there is a strong similarity in the overall design and proven prior access to the original work. The assessment of plagiarism considers the work as a whole – pattern, proportions, arrangement of elements and visual identity – and not merely generic trends in the fashion market.
Even though industrial design registration with the INPI is an additional protection mechanism within the scope of industrial property, cases such as this show that the creator is not left without legal recourse in the absence of formal registration. Copyright law, combined with unfair competition rules and the prohibition of parasitic exploitation, may provide a significant legal basis in situations where a major international brand benefits from the work of an independent designer. The asymmetry between a Brazilian stylist and a global fashion house makes this discussion even more sensitive.
Jheni’s public statement, in which she declares being tired of seeing the work of Brazilian creators appropriated by foreign professionals without credit or compensation, highlights the ethical and reputational dimension of the issue. Even in the absence of any official position from Shakira’s team or from Off-White so far, the case illustrates the importance of designers documenting their creative process (sketches, dated digital files, communications with stylists and brands, proof of shipment of pieces) to strengthen evidence of authorship. In a globalized market, understanding that copyright arises upon creation and can be effectively enforced is a vital step toward turning creativity into a protected, recognized and valued asset.
By: Vanessa Pereira Oliveira Soares
Intellectual Property | CPDMA Team