My opinion on the Design Piracy Prohibition Act…

Here’s the deal….

A deal is in the works between two powerful industry groups over Congressional legislation that would provide copyright protection for fashion designs for three years.

Much hangs in the balance for designers, who are seeking copyright protection for their designs, as well as for many apparel vendors and brands, which are concerned such restrictions would stifle their ability to pick up on trends and lead to an escalation in expensive litigation.

At the center of the debate is the Design Piracy Prohibition Act, which was introduced in the House and Senate last year. As written, the bill would allow companies and designers to register their fashion designs for three years of copyright protection. Apparel, handbags, footwear, belts and eyeglass frames would be covered, but designs that are already part of the public domain would not. The measure would also establish penalties for designers or companies knocking off designs. The fine would be $250,000, or $5 for each copied item, whichever is greater. This legislation would provide the standard for liability and definition of original design . 

In addition, the new legislation should provide “clear and transparent rules,” including a “fully search-able electronic database of registered original designs.

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AHEMM….

If I were to put myself in Christian Louboutin’s shoes (no pun intended), I would claim that the red sole is my trademark and is my original idea BUT if I was smart, I would make the claim with the specific color of red, the specific type of material used to put on the sole, and specifically where/how much of it is on the sole. Yet, he did not do that. Christian Louboutin will not succeed in trademarking his “red soles” because of the fact that it is a just a color and the sole is just a placement. I believe that this theory applies to every designer, and not many designers will succeed taking civil action towards a design that is similar to another’s. I also don’t think that Martin Margiela’s peaked shoulder jackets is even a good example of what would meet the standards of something unique and non-trivial because there will always be and always has been different types of shoulder designs on jackets. How pointy would that shoulder be? Would we take it to the point of taking a ruler and measuring how far out the shoulders go? That would be ridiculous.

 

Say the Design Piracy Prohibition act pulls through, what would happen? The fast fashion industry would go down hill and no one in middle class or lower would be able to look fabulous anymore. We would say goodbye to H&M, Forever 21, Express, and even more of our favorite places. I think that taking action of someone copyrighting a logo is enough. Becoming a fashion designer, the whole point is to impact the rest of the world with your designs and start trends! Would there even be such thing as a “trend” anymore if every design is copyrighted? Yes, of course be known for your innovative design, but appreciate the fact that people like what you did and need it cheaper! 

 

There will never be enough money in the world. Copyrighting designs would shut out thousands of businesses, disappoint millions of consumers, and consumers would literally disappear. Lets be honest, everything in Forever 21 was someone else’s idea but how many people actually bought that version than the one that costs thousands of dollars on the runway? I bet that the amount that was sold in mass production of the “copy” would be equal to ONE of the originals, as far as profit goes. So wouldn’t they just cancel each other out and no one gets hurt? 

 

I say “NO” to the Design Piracy Prohibition act, but I also believe in the alternative. The act should apply to those on the higher end of the fashion industry; Fast fashion excluded. For example, if we see Alexander Wang with a new innovative design on the runway and then go over to the next tent at NYFW and see that Stella McCartney has an identical one, he has the right to take civil action. They are in the same “league,” she doesn’t need to copy his design, Forever 21 does. Their main consumers are the ones with money, Forever 21’s consumers don’t have any compared to them. The only thing that the Design Piracy Prohibition Act benefit’s is a designer’s ego and pride. 

by: Alyssa Camille Pablo <3 

Posted: Mon February 20th, 2012 at 1:31pm