{"id":4186,"date":"2026-05-27T05:00:00","date_gmt":"2026-05-27T05:00:00","guid":{"rendered":"https:\/\/facesjournal.com\/?p=4186"},"modified":"2026-05-27T05:00:00","modified_gmt":"2026-05-27T05:00:00","slug":"can-you-copyright-a-scent-and-should-you","status":"publish","type":"post","link":"https:\/\/facesjournal.com\/?p=4186","title":{"rendered":"Can You Copyright A Scent? And Should You?"},"content":{"rendered":"<p>They are odes to craftsmanship, but why aren\u2019t perfumes protected like other art forms?\u00a0<\/p>\n<div><img loading=\"lazy\" decoding=\"async\" width=\"300\" height=\"200\" src=\"https:\/\/elitetraveler.com\/wp-content\/uploads\/sites\/8\/2026\/05\/fragrance-copyright-300x200.jpg\" class=\"attachment-medium size-medium wp-post-image\" alt=\"can you copyright a scent\" \/><\/div>\n<p>A luxury fragrance can take years to compose, yet a dupe that mimics its scent profile \u2013 and sells for a fraction of the price \u2013 can appear within weeks. It\u2019s a phenomenon plaguing perfumers, whose largely intangible work is difficult to protect.\u00a0<\/p>\n<p>Trailblazing master perfumer Francis Kurkdjian recognizes it all too well, leading Christian Dior Parfums as perfume creation director, and his eponymous Maison Francis Kurkdjian, home to <a href=\"https:\/\/www.franciskurkdjian.com\/us-en\/p\/baccarat-rouge-540-eau-de-parfum-RA12232.html\" target=\"_blank\" rel=\"noreferrer noopener\">Baccarat Rouge 540<\/a> \u2013 the modern king of fragrance dupes. \u201cA formula of a scent cannot be patented,\u201d he explains, \u201ceven though a great perfume is the result of years of study, training, and creative vision, just like any other act of creation.\u201d\u00a0<\/p>\n<p><em>See also:\u00a0<a href=\"https:\/\/elitetraveler.com\/health-wellness\/injectable-peptides-risks-explained\">Why Is Hollywood Reportedly Hooked on Peptide Injections?<\/a><\/em><\/p>\n<figure class=\"wp-block-image size-large\"><img decoding=\"async\" src=\"https:\/\/elitetraveler.com\/wp-content\/uploads\/sites\/8\/2026\/05\/maison-francis-kurkdjian-paris-2560x1440.jpg\" alt=\"Maison Francis Kurkdjian\" class=\"wp-image-262290\" \/><figcaption class=\"wp-element-caption\">\u00a9Maison Francis Kurkdjian <\/figcaption><\/figure>\n<p>There are, of course, myriad artistic elements to scent-making beyond the commercialized packaging and presentation \u2013 all of which can carry emotional storytelling. Most central is the harmoniously structured and deftly blended juice itself, which \u201csome would argue is culturally and creatively treated as an art form,\u201d says Amanda McDowall, specialist brand protection and IP lawyer at <a href=\"https:\/\/www.leeandthompson.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">Lee &amp; Thompson<\/a>, one of the UK\u2019s leading law firms. So why is it that olfactory art is not clearly recognized under copyright law in Europe and the US? \u201cMusic can be written as a notation or recorded and paintings can exist visually on a canvas,\u201d she tells us. \u201cPerfumes are difficult to protect in this way because they are hard to fix in a stable expressive form, and are perceived very subjectively.\u201d\u00a0<\/p>\n<p>Instead, as McDowall explains, there are types of intellectual property protection available to safeguard perfume creators\u2019 rights. The most important form is likely trade secrets, whereby \u201cthe exact formula for a fragrance is often kept confidential, in the same way that famous soft drink formulations are.&#187; Trade secrets work well, she continues, \u201cbecause formulas are difficult to perfectly reverse engineer and secrecy can theoretically last forever.&#187; Some perfume houses also develop sophisticated molecules to make their fragrances more difficult to replicate, says Clara Molloy, co-founder of luxury niche fragrances <a href=\"https:\/\/us.memoparis.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">Memo Paris<\/a>. \u201cBut ultimately, these efforts only buy time: people who truly want to copy something will always find a way.\u201d\u00a0<\/p>\n<p><em>See also: <a href=\"https:\/\/elitetraveler.com\/health-wellness\/maison-margiela-scentsorium-fragrance\">Why Haute Fragrance Matters More Than Ever, According to Maison Margiela<\/a><\/em><\/p>\n<p>There are other tricks of the trade, too. With each Memo Paris fragrance, for example, maturation and maceration times are changed, Molloy shares. \u201cIt is a know-how done by people passionate about perfume.\u201d And like the rare ingredients they source, this expertise comes at a high cost. \u201cThose who produce dupes don&#8217;t want to put this kind of price on a perfume,\u201d she points out. Natalie Guselli, head of beauty at <a href=\"https:\/\/www.libertylondon.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">Liberty<\/a> \u2013 one of the retail world\u2019s most iconic fragrance destinations \u2013 agrees. \u201cThe reality is that the concentration, ingredients, and construction of a luxury fragrance create a depth and staying power that is very difficult to replicate with cheaper alternatives.\u201d As Molloy quips, \u201cyou can always buy the copy of a Chanel dress, you are still not wearing Chanel.&#187;<\/p>\n<figure class=\"wp-block-image size-large\"><img decoding=\"async\" src=\"https:\/\/elitetraveler.com\/wp-content\/uploads\/sites\/8\/2026\/05\/fragrance-ai-1707x2560.jpg\" alt=\"fragrance ai\" class=\"wp-image-262292\" \/><figcaption class=\"wp-element-caption\">\u00a9Unsplash<\/figcaption><\/figure>\n<p>Paradoxically, this does bring about the argument <em>for <\/em>dupes: they can open the door to a world that often feels inaccessible. That said, as perfumer Pia Long highlights in her new book <a href=\"https:\/\/demoaccords.com\/\" target=\"_blank\" rel=\"noreferrer noopener\"><em>Demo Accords<\/em><\/a>, far from \u201cheroically Robin Hood-ing their way through perfumery\u2019s elitism problems\u201d, dupe companies are simply \u201cstealing from everyone.&#187; And besides, \u201cthere is enough perfume in the world at every possible price point to have options for all.&#187; Quite.\u00a0<\/p>\n<p>Ironically, by amplifying their cultural relevance, dupes may actually reinforce the appeal of the originals they imitate. \u201cFragrance continues to be the strongest-performing category in Liberty&#8217;s Beauty Hall, and through our <a href=\"https:\/\/www.libertylondon.com\/experiences\/the-fragrance-lounge.html\" target=\"_blank\" rel=\"noreferrer noopener\">Fragrance Lounge<\/a> we are seeing customers increasingly investing in highly distinctive, niche scents with strong quality and longevity,\u201d Guselli shares. \u201cWhilst dupe culture has undoubtedly grown online, it hasn\u2019t had the same impact within luxury fragrance because fragrance lovers are ultimately looking for originality, craftsmanship and emotional connection \u2013 not mass appeal.\u201d\u00a0<\/p>\n<p>As AI evolves, bringing the prospect of near-perfect scent replicas closer, we may see legal protections for fragrances expand. For now, Molloy remains open to what dupe culture reveals. \u201cMy heart hesitates between two positions. On one hand, I look down on copies. They are almost always poor in quality, and ultimately quite depressing. On the other, I love the fact that perfume cannot truly be protected; that it remains invisible, free, almost wild. It allows trends and creative movements to emerge naturally.\u201d And that, perhaps, is the beauty of scent: its profound ability to help us make sense of the world.<\/p>","protected":false},"excerpt":{"rendered":"<p>They are odes to craftsmanship, but why aren\u2019t perfumes protected like other art forms?\u00a0 A luxury fragrance can take years to compose, yet a dupe that mimics its scent profile \u2013 and sells for a fraction of the price \u2013 can appear within weeks. It\u2019s a phenomenon plaguing perfumers, whose largely intangible work is difficult [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":4187,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","beyondwords_generate_audio":"","beyondwords_project_id":"","beyondwords_content_id":"","beyondwords_preview_token":"","beyondwords_player_content":"","beyondwords_player_style":"","beyondwords_language_id":"","beyondwords_title_voice_id":"","beyondwords_body_voice_id":"","beyondwords_summary_voice_id":"","beyondwords_error_message":"","beyondwords_disabled":"","beyondwords_delete_content":"","beyondwords_podcast_id":"","beyondwords_hash":"","publish_post_to_speechkit":"","speechkit_hash":"","speechkit_generate_audio":"","speechkit_project_id":"","speechkit_podcast_id":"","speechkit_error_message":"","speechkit_disabled":"","speechkit_access_key":"","speechkit_error":"","speechkit_info":"","speechkit_response":"","speechkit_retries":"","speechkit_status":"","speechkit_updated_at":"","_speechkit_link":"","_speechkit_text":""},"categories":[1],"tags":[],"class_list":["post-4186","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general"],"_links":{"self":[{"href":"https:\/\/facesjournal.com\/index.php?rest_route=\/wp\/v2\/posts\/4186","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/facesjournal.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/facesjournal.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/facesjournal.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/facesjournal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4186"}],"version-history":[{"count":0,"href":"https:\/\/facesjournal.com\/index.php?rest_route=\/wp\/v2\/posts\/4186\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/facesjournal.com\/index.php?rest_route=\/wp\/v2\/media\/4187"}],"wp:attachment":[{"href":"https:\/\/facesjournal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4186"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/facesjournal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4186"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/facesjournal.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4186"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}