Congress is considering extending copyright protection to fashion designs, building on provisions to that provide protection to vessel hull designs.
Jessica G. Jacobs provides analysis for the Congressional Research Service: Copyright Protection for Fashion Design: ALegal Analysis of the Design Piracy Prohibition Act, H.R. 2033 (Congressional Research Service via Open CRS, June 28, 2007).
From the abstract:
Fashion design does not currently receive explicit protection under U.S. copyright law. Limited avenues for protection of certain types of apparel designs can be found through trademark and patent law, though proponents of copyright protection for fashion design argue that these limited means are insufficient. H.R. 2033, the “Design Piracy Prohibition Act,” would amend Chapter 13 of the U.S. Copyright Act, which currently provides protection for designs of vessel hulls. The bill would grant fashion designs a three-year term of protection, based on registration with the U.S. Copyright Office.
This report analyzes the amendments that H.R. 2033 would make to Chapter 13 of the Copyright Act. It also summarizes arguments both in favor of and against extending copyright protection to fashion designs.
And the first paragraph:
H.R. 2033, the Design Piracy Prohibition Act, was introduced by Representative William D. Delahunt, for himself and Representatives Goodlatte, Maloney, and Bono, on April 25, 2007. The bill would amend Chapter 13 of the U.S. Copyright Act (the Act) to provide copyright protection for fashion design. U.S. copyright law does not protect useful articles, and copyright protection has been denied to fashion designs because clothing garments have traditionally been viewed as useful articles — basic items of necessity having utilitarian value — rather than as artistic creations. The Act does specify protection for the designs of one category of useful articles, the designs of vessel hulls. H.R. 2033 would amend the Act to add protection for fashion designs as well, for a term of three years, provided that registration is filed with the U.S. Copyright Office within three months from the time that the design is first made public.
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