Industry Voices: Response to the IDPA Design Piracy Bill
A response to an Oct. 12 Industry Voices story, titled “A Case in Support of the Innovative Design Protection Act,” by Kevin M. Burke of the American Apparel & Footwear Association and Steven Kolb, Council of Fashion Designers of America
In Kevin Burke’s recent article, the AAFA is trying to make us believe that this is a simple bill that will protect originality and innovation. There is nothing simple about this bill. As a matter of fact, there is nothing simple about any bill that is meant to appease a small group of supporters and that can drastically change as legislation after going through any number of regulatory rewrites.
The AAFA does not address the fact that those opposed to the bill have asked, numerous times, for an example of a garment that would be protected under the proposed bill. A year later we are still waiting for that example. If supporters of this bill cannot even show what they want to protect, then we should all be suspicious of what we cannot see. No matter how much the supporters talk around the issue, only the courts will decide what is original and “innovative.”
As a defendant, standing your ground to defend yourself will easily cost $120,000. Even if you can successfully oppose an accusation of “copying” by settling out of court, you will have first called your attorney after receiving the letter, and the clock starts to tick. The bill will turn into a lawyer’s legal mill, churning out threats to settle out of court.
Only a court determines what “substantially identical” means. Only a court will determine what “access to a design” means. Since there is no registration or copyright required, there is no way of knowing what is protected and what is not.
If a manufacturer sees a garment on the runway or on the Internet, changes the fabric and/or the print, puts on snaps rather than buttons, puts in their own label, and charges $159 rather than $1,595, is that still substantially identical? If you do not think this justifies a lawsuit, you cannot support this bill and should do everything possible to oppose it.This is a bad bill that hinders creativity. It restricts our rights. It creates additional roadblocks for businesses and adds on additional cost to manufacturing. Is this what we want to do to ourselves in the apparel industry?! ●
Read more:
A Case in Support of the Innovative Design Protection Act
By Kevin M. Burke, AAFA, and Steven Kolb CFDA
A Response to the 'New' Bill To 'Protect' Fashion Design
By Ilse Metchek California Fashion Association
