Adventures in Copyright, News, The Business
Why the New Intellectual Property Bill Might Tranform the Fashion Industry
By Lauren Sherman
ABS won't be able to knock off dresses like this anymore.
Last week, we passed along the news that New York Senator Charles E. Schumer introduced a bill to the US Senate called the Innovative Design Protection and Piracy Prevention Act. It provides “very limited intellectual property protection to the most original design.”
The bill was introduced to the House of Representatives in April 2009. It was then amended with input from different groups within the fashion industry, and is now being presented to the Senate. If it passes in the Senate and the House, it will become a law. (As long as the President signs off on it, that is.)
We know that the law will help to protect original designs from piracy, but how? Susan Scafidi, an intellectual property attorney and author of the popular fashion law blog Counterfeit Chic, broke it down for us. PS: If you’re interested in fashion and intellectual property law, you should be following Scafidi. She teaches a fashion law course at Fordham Law School and has been instrumental in launching Fordham’s Fashion Law Institute, where she serves as Director.
But back to the bill. Here’s what it aims to do:
- Protect a new design for three years after it’s been put into production. While counterfeiting designer handbags and well-known monograms is criminal, younger designer whose pieces may be original–but not recognizable on a mass market–have had difficulty fighting fast fashion retailers that knock off a new silhouette or pattern. The law will protect very specific designs for three years, which means Allen Schwartz won’t be able to knock off Chelsea Clinton’s Vera Wang dress, or the next Marchesa red carpet favorite, for 36 months after it has debuted. “This bill finally allows designers to have their work recognized as an art, and receive the kind of protection that this article, paintings, and movies get,” says Scafidi.
- Spur creativity in mass retail. For years it’s been “accepted” that mass retailers would blatantly copy high-end designer items. Because they (presumably) won’t be able to do that anymore, retailers will probably begin allowing their talented designers to create more unique products. And that’s good for the consumer–it means more choice.
- Stop designers–peers–from knocking each other off. We tend to pick on the fast fashion retailers when it comes to copying, but contemporary and high-end labels do it, too.
This is the third time that the bill has been presented to congress since 2006–and lawmakers have attempted to get similar bills passed for the last 100 years to no avail. But it’s looking good this time. Hopefully, it’ll mean that in the future, we’ll have fewer opportunities to post under the title Adventures in Copyright.
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First of all fashion is NOT art- it is design because it deals with the human body. An artist doesn’t have to worry about making a shirt with two sleeves to fit our two arms-they don’t even have to consider it. But a designer must consider this and many other things. I think this law sounds horrible. It all sounds so selfish-in some countries sharing ideas and being inspired by others is not looked down at. I mean sure that copied dress in your picture wont look the same in the knock-off version. But the reality is that someone who buys a knock off can’t afford the real thing- so how exactly is that hurting the designer? Plus you honestly cant believe that a strapless ball gown has never been made!? Please- all clothing is going to be a copy of something else we have already made. We’ve been wearing clothing for thousands of years. What gives a designer in 2010 decide that they deserve the copyright for a garment that is influenced by garments made from other designer in the past. The more I write the more I realize what a stupid law this is. I’m sure it’s all being pushed by someone who wants to make money. This has nothing to do with fashion.
I disagree on so many levels.
-The people who knock off designer items aren’t in it for money?
-Do you honestly believe that something Rei Kawakubo or Yohji Yamamoto was created before?
-There is a HUGE difference between inspiration/sharing ideas & knocking off someone’s idea.
-Oh, and you suck.
It is indeed clear you didn’t know what you were writing when you started writing it.
Versions of this bill have been introduced over 80 times in the past several decades in Congress, and they’ve never managed to pass the House or the Senate. Oftentimes, it is introduced in the House, referred to the Intellectual Property Committee, where it then stalls until Congress recesses for the summer. There are also legitimate objections to the legislation as written dealing with overcrowding of the legal system, inconsistent judging on the part of cases, a lack of incentive for designers to follow the law due to insufficient repercussions (see overflooding the judicial system due to numerous lawsuits to ensure copyrights) and most importantly of all, a lack of support from merchandise giants such as Forever 21 and H&M. No matter how much you may hate F21 for their blatant copying of designer clothing and accessories, the fact of the matter is they are powerful economic entities that can use lobbying to ensure that this bill doesn’t make it past committee. It’s a great idea, but in the end, the legislation most likely going to fail. Also, think of the backlash against Obama if he signs this into law with everyone clamoring about the war in Iraq and the economy. Especially in an election year, I don’t think it’s going to happen.
It was already passed in the House.
There are a lot of legal loopholes that were outlined in a great little article in WWD yesterday. You may want to quote that in your next bit about this bill. It’s not all as easy as just preventing mass retailers from copying smaller designers. The backlash of this bill may affect much greater population than just industry insiders.
“-Oh, and you suck.”
a great point you make there…
Was it passed? On the LOC Thomas website says it was passed to the House committee on Judiciary on 4/30/09.
Do you know why these types of laws don’t work? It’s already hard enough for real innovators to get designs and patents recognized under trademark/copyright laws.
This is fashion, and the arena isn’t exactly unique. Philo’s minimalism isn’t new. Easily copied. There are so many loopholes when it comes to fashion law, that any law passed won’t be very effective. Especially when protecting young designers. It’s a nice sentiment and will get the Senator points with his NY constituents, but other than that…what does anyone think this will actually do?
I work as a lobbyist, and I can tell you that there are many many bills that the House passes that the Senate never brings to the floor. The various legislative staffers tell me that once the Senate is back from August recess, NO meaningful legislation, such as this, will pass. The air in the Senate is poisonous right now, made worse by the fact that campaign season is right around the corner.
For all of you who are interested in seeing this bill passed, there is a slight glimmer of hope. I checked out the co-sponsors of the bill, and it seems to be enjoying bipartisan support as is. Always a great thing in Washington. If you want action on this bill, write or call your Senator and encourage them to co-sponsor this bill (S.3728)! Trust me, the WILL listen to their constituents!
Designers don’t need legal protection.
They need to cut back on the coke and rentboys in the meatpacker backrooms.
Somebody is making a cheaper imitation of an absurdly overpriced design, but without counterfeiting the tag or branding?
Not illegal, not infringement and not something I give a fuck about.
Even if this bill were somehow to become law, it’s going to be very expensive for “little” designers to use. Bringing a lawsuit will be expensive. Sounds like a boon only for the big guys.