Fashion Design Copyright Bill Reintroduced
The effort to extend copyright protection to fashion designs was renewed on Sept. 10, when Sen. Charles Schumer (D–N.Y.) reintroduced legislation that has drawn heated debate within the industry over whether fashion can—or should—be protected and what impact the legal protection would have on the industry.
Past versions of the legislation have been called the Innovative Design Protection and Piracy Prevention Act (IDPPPA) and the Design Piracy Protection Act. (Schumer also introduced the IDPPPA.).
The newly reintroduced bill, called the Innovative Design Protection Act, seeks to protect “the fashion industry from copycat knockoffs,” according to a statement from Schumer’s office. The IDPA’s intellectual-property protection is “very limited,” applying to “the most original fashion designs—those that are extremely unique and distinguishable—and does so in a way that limits any collateral costs,” according to the statement.
The proposed bill—which covers apparel as well as accessories, including gloves, footwear, “headgear,” handbags and wallets, belts, and eyeglasses frames—is concerned with items that are “substantially identical.” There are exemptions for designs determined to be “the work of a defendant’s independent creation” and for designs created for personal use. In addition, retailers and consumers are protected from liability.
First introduced in 2009, the move to grant copyright protection to fashion designs has drawn heated debate from organizations including the California Fashion Association, which has fought earlier versions of the bill, and the Council of Fashion Designers of America, which has supported earlier versions.Proponents are seeking to grant three-year protection to original designs, while opponents argue that the law, if enacted, will stifle the free flow of trends.
The American Apparel and Footwear Association was originally an opponent but later supported the measure after working with lawmakers to change several points in the previous version of the bill. The current bill includes changes based on suggestions by NetCoalition, an organization representing international Internet and technology companies.
—Alison A. Nieder
