Is there any reason why this can’t be an extension of patent law? It is important that the scope of copyright is maintained and that there continues to be clear rules between copyright and patent. If there is a concern for ‘uniquely identifying a product or service’ authenticity, use a trademark. That is what trademark law is for. Are they really going to try to argue that name branding hasn’t a positive impact on the sale of high end fashion items? The law is already there to protect them. Vote NO!

After reading the fashion design blog, I had some other thoughts:
As mentioned in the article, it is easy to tell a knock off from the original. Is there really so many problems
with this ‘piracy’ that people don’t want the newest trendy thing because it looks like the knockoff
everyone else wears? I don’t think so. Trademark law protects designers and consumers from
these plagiarized works by uniquely allowing them to mark them in a way that will distinguish them.
People know and respect Prada for their innovative and classy designs, with their superior craftsmanship,
and it can’t be mistake for the $10 slave labor knockoff. If people are copying their trademark, then there is STRONG legal protection that already lasts forever. A 3 year ‘special’ copyright would distort the intended
scope of copyright (USC 17 SEC 102), and set a bad precedent, despite the understandably good intentions
of the CFDA.

I am highly for the protection but against this particular bill. There is no stipulation that the fee for a fashion copyright can’t be exorbitant. Big companies copy the little people and they could get OUR copyrights first if it’s say the most expensive form. I’m also curious about a bulk filing discount, as I heard it’s done in music. Send in 30 tapes for $30 – one fee. Something like that can be affordable, especially since we can only pick select designs that fall under being sooo unique. I think this would protect indie designers if done right. It would mean that no one can carry around a Birkin inspired bag though, so consumers could be against it.

Adelie, your 2nd comments refer to protections in place by and for huge companies only, or mostly only. Large brands knock off independent designers and get away with it (I’m not saying Prada does, but I just read DVF did)! Also, most small companies, especially start-ups, cannot afford to brand our items with logos as much as the well-funded big boys. Why is this so necessary anyway, from a style perspective, when many women do not want to be advertisers for a brand? Yes, stamped hardware is usually subtle, but your argument implies we indies need to do it too or else we deserve to be copied, as I read it.