Design Piracy Prohibition Act
A bill to amend title 17, United States Code, to provide protection for fashion design.
8/2/2007--Introduced.
Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Excludes from such protection fashion designs that are embodied in a useful article that was made public by the designer or owner more than three months before the registration of cop more...
Committees
Amendments
This bill has no amendments.
Bill Status
| Introduced | ![]() | Voted on by Senate | ![]() | Voted on by House | ![]() | Considered By President | ![]() | Bill Becomes Law |
| August 02, 2007 |
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Blog Coverage
January 30, 2008 CFDA Fights Fashion Forgeries
CFDA Fights Fashion Forgeries January 29th, 2008 at 11: ... , Orrin Hatch and Hillary Clinton) introduced the S.1957 Design Piracy Prohibition Act in the United
Source: Fashion Design Blog
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January 29, 2008 CFDA Fights Fashion Forgeries
Since last August, when a group of US senators (including Dianne Feinstein, Charles Schumer, Orrin Hatch and Hillary Clinton) introduced the S.1957 Design Piracy Prohibition Act in the United States Senate, the CFDA has been rallying ...
Source: The Fashion Informer
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October 08, 2007 Protection of Design with Copyright Law
L. Rev. 1687, 1718-21 (2006). [14] Id. at 1722. [15] Marshall, supra note 2 at 314. [16] Design Piracy Prohibition Act, HR 2033, 110th Cong. (2007). [17] Design Piracy Prohibition Act, S. 1957, 110th Cong. (2007).
Source: Illinois Business Law Journal
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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.
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