HR 2196 IHCommentsClose CommentsPermalink

To amend title 17, United States Code, to extend protection to fashion design, and for other purposes.CommentsClose CommentsPermalink

April 30, 2009CommentsClose CommentsPermalink

Mr. DELAHUNT (for himself, Mr. GOODLATTE, Mr. NADLER of New York, Mr. ISSA, Ms. JACKSON-LEE of Texas, Mrs. BONO MACK, Mr. SENSENBRENNER, Ms. WASSERMAN SCHULTZ, Mr. COBLE, Mr. MAFFEI, Mr. WEINER, Mr. RANGEL, Mr. WEXLER, Ms. WATERS, Mr. COHEN, Mrs. MALONEY, Mr. GEORGE MILLER of California, and Ms. DELAURO) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend title 17, United States Code, to extend protection to fashion design, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Design Piracy Prohibition Act’.CommentsClose CommentsPermalink

SEC. 2. AMENDMENTS TO TITLE 17, UNITED STATES CODE.

(a) Designs Protected- Section 1301 of title 17, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by adding at the end the following:CommentsClose CommentsPermalink





‘(3) FASHION DESIGN- A fashion design is subject to protection under this chapter.’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (2), by inserting ‘, or an article of apparel,’ after ‘plug or mold’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(7) A ‘fashion design’--CommentsClose CommentsPermalink





‘(A) is the appearance as a whole of an article of apparel, including its ornamentation; andCommentsClose CommentsPermalink





‘(B) includes original elements of the article of apparel or the original arrangement or placement of original or non-original elements as incorporated in the overall appearance of the article of apparel.CommentsClose CommentsPermalink





‘(8) The term ‘design’ includes fashion design, except to the extent expressly limited to the design of a vessel.CommentsClose CommentsPermalink





‘(9) The term ‘apparel’ means--CommentsClose CommentsPermalink





‘(A) an article of men’s, women’s, or children’s clothing, including undergarments, outerwear, gloves, footwear, and headgear;CommentsClose CommentsPermalink





‘(B) handbags, purses, wallets, duffel bags, suitcases, tote bags, and belts; andCommentsClose CommentsPermalink





‘(C) eyeglass frames.CommentsClose CommentsPermalink





‘(10) In the case of a fashion design, the term ‘trend’ means a newly popular concept, idea, or principle expressed in, or as part of, a wide variety of designs of articles of apparel that create an immediate amplified demand for articles of apparel embodying that concept, idea, or principle.’.CommentsClose CommentsPermalink





(b) Designs Not Subject to Protection- Section 1302(5) of title 17, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘(5)’ and inserting ‘(5)(A) in the case of a design of a vessel hull,’;CommentsClose CommentsPermalink





(2) by striking the period and inserting ‘; or’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) in the case of a fashion design, embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than 6 months before the date of the application for registration under this chapter.’.CommentsClose CommentsPermalink





(c) Revisions, Adaptations, and Rearrangements- Section 1303 of title 17, United States Code, is amended by adding at the end the following: ‘The presence or absence of a particular color or colors or of a pictorial or graphic work imprinted on fabric shall not be considered in determining the originality of a fashion design under section 1301 or 1302 or this section or the similarity or absence of similarity of fashion designs in determining infringement under section 1309.’.CommentsClose CommentsPermalink





(d) Term of Protection- Section 1305(a) of title 17, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(a) In General- Subject to subsection (b), the protection provided under this chapter--CommentsClose CommentsPermalink





‘(1) for a design of a vessel hull, shall continue for a term of 10 years beginning on the date of the commencement of protection under section 1304; andCommentsClose CommentsPermalink





‘(2) for a fashion design, shall continue for a term of 3 years beginning on the date of the commencement of protection under section 1304.’.CommentsClose CommentsPermalink





(e) Infringement- Section 1309 of title 17, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (c), by striking ‘that a design was protected’ and inserting ‘or reasonable grounds to know that protection for the design is claimed’;CommentsClose CommentsPermalink





(2) by amending subsection (e) to read as follows:CommentsClose CommentsPermalink





‘(e) Infringing Article Defined-CommentsClose CommentsPermalink





‘(1) IN GENERAL- As used in this section, an ‘infringing article’ is any article the design of which has been copied from a design protected under this chapter, or from an image thereof, without the consent of the owner of the protected design. An infringing article is not an illustration or picture of a protected design in an advertisement, book, periodical, newspaper, photograph, broadcast, motion picture, or similar medium.CommentsClose CommentsPermalink





‘(2) VESSEL HULL DESIGN- In the case of a design of a vessel hull, a design shall not be deemed to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design.CommentsClose CommentsPermalink





‘(3) FASHION DESIGN- In the case of a fashion design, a design shall not be deemed to have been copied from a protected design if it is original and not closely and substantially similar in overall visual appearance to a protected design, if it merely reflects a trend, or if it is the result of independent creation. This paragraph shall not be construed to permit the copying of a discrete design protected by this chapter.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Secondary Liability- The doctrines of secondary infringement or secondary liability that are applied in actions under chapter 5 of this title apply to the same extent to actions under this chapter. Any person who is liable under either such doctrine under this chapter is subject to all the remedies provided under this chapter, including those attributable to any underlying or resulting infringement.’.CommentsClose CommentsPermalink





(f) Application for Registration- Section 1310 of title 17, United States Code, is amended--CommentsClose CommentsPermalink





(1) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink





‘(a) Time Limit for Application for Registration-CommentsClose CommentsPermalink





‘(1) VESSEL HULL DESIGN- In the case of a design of a vessel hull, protection under this chapter shall be lost if application for registration of the design is not made within 2 years after the date on which the design is first made public.CommentsClose CommentsPermalink





‘(2) FASHION DESIGN- In the case of a fashion design, protection under this chapter shall be lost if application for registration of the design is not made within 6 months after the date on which the design is first made public by the designer or owner in the United States or a foreign country.’;CommentsClose CommentsPermalink





(2) in subsection (b), by striking ‘offered for sale’ and inserting ‘offered for individual or public sale’; andCommentsClose CommentsPermalink





(3) in subsection (d)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and moving such subparagraphs 2 ems to the right;CommentsClose CommentsPermalink





(B) by striking ‘The application for registration shall be made to the Administrator and shall state--’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- The application for registration shall be made to the Administrator and shall state--’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) VESSEL HULL DESIGNS- In the case of a design of a vessel hull, the application for registration may include a description setting forth the salient features of the design, but the absence of such a description shall not prevent registration under this chapter.CommentsClose CommentsPermalink





‘(3) FASHION DESIGNS- In the case of a fashion design, the Administrator shall require a brief description of the design for purposes of matching the search criteria of the searchable database established under section 1333, except that such brief descriptions shall in no way limit the protection granted to the design or the subject matter of the registration under this chapter.’.CommentsClose CommentsPermalink





(g) Recovery for Infringement- Section 1323 of title 17, United States Code, is amended by striking ‘$50,000 or $1 per copy’ and inserting ‘250,000 or $5 per copy’.CommentsClose CommentsPermalink





(h) Penalty for False Representation- Section 1327 of title 17, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘$500’ and inserting ‘5,000’; andCommentsClose CommentsPermalink





(2) by striking ‘$1,000’ and inserting ‘$10,000’.CommentsClose CommentsPermalink





(i) Common Law and Other Rights Unaffected- Section 1330 of title 17, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink





(2) in paragraph (2), by striking the period and inserting ‘; or’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) any rights that may exist under provisions of this title other than this chapter.’.CommentsClose CommentsPermalink





(j) Searchable Database for Fashion Design-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 13 of title 17, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 1333. Searchable database for fashion design

‘(a) In General- The Administrator shall establish and maintain a computerized database of fashion designs protected under this chapter. The database--CommentsClose CommentsPermalink





‘(1) shall be searchable electronically, by general apparel and accessory categories;CommentsClose CommentsPermalink





‘(2) shall include the information required by subparagraphs (A), (B), (C), (D), and (F) of paragraph (1), and paragraph (3), or section 1310(d); andCommentsClose CommentsPermalink





‘(3) shall be available to the public without a fee or other access charge.CommentsClose CommentsPermalink





‘(b) Additional Requirements- The database under subsection (a) shall contain a substantially complete visual representation of all fashion designs that have been submitted for registration under this chapter, and shall include information as to the status of those designs, such as whether such designs are--CommentsClose CommentsPermalink





‘(1) registered under section 1313(a);CommentsClose CommentsPermalink





‘(2) denied registration under section 1313 (b);CommentsClose CommentsPermalink





‘(3) cancelled under section 1313(c); orCommentsClose CommentsPermalink





‘(4) expired under section 1305.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- The table of sections for chapter 13 of title 17, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘1333. Searchable database for fashion design.’.CommentsClose CommentsPermalink





(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out the amendments made by this subsection.CommentsClose CommentsPermalink

SEC. 3. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink