Design Piracy Law Heads to U.S. Senate
The Design Piracy Prohibition Act, the proposed law that would extend copyright protection beyond textile print and surface design to include original garments, was introduced to the U.S. Senate on Aug. 20.
The bill was introduced to the House of Representatives in April.
The proposed law was first introduced by Rep. Bob Goodlatte (R–Roanoke, Va.) last year and has been under review by a subcommittee chaired by Rep. Howard Berman (D–San Fernando Valley, Calif.).
If passed, the law would grant copyright protection to original garments for a period of three years, in effect giving designers and manufacturers a legal avenue to maintain some exclusivity to their creations. The rationale behind the three-year protection is to give the designer time to bring the look to market, then be able to knock it off on a lower-priced diffusion line before releasing it to the public domain.
And while the proposed law has attracted some high-profile supporters, including Council of Fashion Designers of America President Diane von Furstenberg and “Project Runway” star Tim Gunn, there are many in the fashion industry who oppose the law, including California Fashion Association Executive Director Ilse Metchek.
Opponents argue that the law would stifle creativity and halt the flow of trends from the top echelon of design down to the mass market.
Those in favor of the law respond that trends will still permeate the market, but the law will give designers a legal avenue to protect their designs from being copied as soon as—or sometimes before—they hit the retail floor. —Alison A. Nieder
