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Copyright protection for fashion designs reintroduced in Congress


From: David Farber <dave () farber net>
Date: Thu, 23 Jul 2009 17:50:52 -0400



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From: dewayne () warpspeed com (Dewayne Hendricks)
Date: July 22, 2009 6:44:46 PM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] Copyright protection for fashion designs reintroduced in Congress

[Note:  This item comes from friend Esme Vos.  DLH]

Copyright protection for fashion designs reintroduced in Congress
22 July 09
By Esme Vos
<http://www.shopplr.com/2009/07/copyright-protection-for-fashion-designs-reintroduced-in-congress/ > Don’t Congressmen have better things to do? William Delahunt (D-MA) has reintroduced legislation called the Design Piracy Prohibition Act (H.R. 2196), which extends copyright protection to fashion designs in clothing and accessories. There are several problems with this piece of legislation:

(1) It takes time and money to register a design and to go after infringers. So although proponents claim it will protect young designers from having their designs poached by large fashion companies, in reality, it won’t. Young designers don’t have enough money to keep registering their designs or prosecuting infringers. They will also have to clear their designs first with copyright lawyers. Imagine that - lawyers getting into fashion design!

What this law will do, if passed, is to allow large well-known designer brands that have big legal departments and lots of money to terrorize young designers. Although proponents claim that this will prevent people from copying, the truth is that well-known brands such as Louis Vuitton already go after counterfeiters, not just in the US but around the world. Why then do we need this law?

(2) The Congressman who sponsored this bill has no idea whatsoever that fashion designers have been copying since the beginning of time. Nothing is original. Those Vionnet gowns from the 1920s that look like Greek dresses?

Now take a look at the clothes sold in any year. In one season, designers are channeling the 1950s so you see dresses that look like Christian Dior’s postwar New Look. Next season, they’re into the French-Deauville look (that means they are “inspired” by Chanel). Another year they’re channeling the late 1960s and making safari jackets which Yves Saint Laurent “pioneered” (of course, he copied it from the real safari jacket which men wore decades before). This year, the designers are in a 1980s mood and that means they’ve raided the old lookbooks of Thierry Mugler.

The fashion industry would DIE if this law were passed. We’ll end up dressed in flour sacks, but I’m sure someone will copyright that design and then we’ll just have to walk around naked (now the thought of that should terrorize Congress into killing this bill).

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