Tuesday, 5 May 2009

Fashion Design Piracy Bill set to return

Above: funky fashions for pirates

According to this piece in WorldTrade/Interactive, informed sources in the United States are expecting to see the reintroduction of the Fashion Design Piracy Bill. This provision, if enacted, would extend the currently skimpy copyright protection available for fashion designs.

The bill is predicted to be based on its predecessor, which sought to give three years' copyright protection to fashion designs registered within three months of their launch, with a fine of $250,000 or $5 per copy -- whichever the greater -- to deter knowing infringers.

The American Apparel & Footwear Association has opposed this Bill on the basis that it would stifle creativity by giving individuals the ability to seek legal action against designs that are merely “substantially similar” to registered designs. Instead, says the Association, designers should rely on the "vast array" of available options. Fashionista wonders why, if there is a vast array of legal options at the disposal of designers, anyone would trouble themselves to try to push a Bill through Congress at all: wouldn't it be a dreadful waste of shopping time?

Hat-tip to Miri Frankel for supplying this link.


localjurisdiction said...

the bill in question was introduced in the House on April 30th, sponsored by Delahunt (D-MA).

similar to the bills introduced in the 110th and 109th Congresses, but there are a few changes.