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February 15, 2008
Update on copyright for fashion design
In a number of earlier postings, I raised the issue of copyright for fashion designs. Yesterday, the House Judiciary Subcommittee on Courts, the Internet, and Intellectual Property held a hearing on the topic. According to Women's Wear Daily:
A bill that would put more teeth into copyright protection for fashion designs that is trumpeted by the Council of Fashion Designers of America has been stuck in committee because of industry infighting. On Thursday, the pro-and-con cases were presented before a House committee by Narciso Rodriguez and the owner of a California apparel firm, respectively.
The CFDA is trying to bridge the divide with the rest of the apparel industry and has held discussions with the American Apparel and Footwear Association for over a year, according to the designer and written testimony from Kevin Burke, the association's president and chief executive officer. The AAFA represents most of the industry's major brands and companies.
Rodriguez, who claimed knockoffs of his designs take away millions of dollars a year from his business, told lawmakers he is "hopeful" the two associations will reach an agreement within a month on the language of the bill regarding the scope and risk of litigation.
. . .
But the bill's opponents argue that inspiration will be stifled by such legal restrictions, leaving thousands of companies exposed to frivolous lawsuits that could drive them out of business.
Steve Maiman, co-owner of Stony Apparel Corp., a moderate women's and children's apparel manufacturer based in Los Angeles, carried the flag for those in the industry who oppose the bill.
"Extending the copyright laws to the fashion industry is thoroughly a bad idea,' said Maiman. "The bill is misguided and unnecessary, for several reasons."
Maiman told lawmakers the fashion industry has thrived without "help or interference" from this type of copyright law. He argued that it is "impossible to determine the originality of a design because all designs are inspired by existing designs and trends."
No word on whether the legislation will move anytime soon. According to the WWD story, "The subcommittee is expected to wait to see if the CFDA and the AAFA can reach a compromise on the acceptable language in the bill before voting whether to move the legislation."
Posted by Ken Jarboe at February 15, 2008 11:15 AM
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