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This article reviews current US copyright protection available to fashion designers and discusses how the Design Privacy Prohibition Act (DPPA) would broaden those rights. Lacking meaningful copyright protection, fashion designers joined together in the early 20th Century to try to halt design piracy. Because of the very limited availability of copyright protection for fashion items, designers arguably have diverted money, time, and effort from design to the promotion of trademarks. But a trademark does not protect the overall design. Trademark law therefore offers relatively little protection against copyists as opposed to counterfeiters. Some prominent fashion designers and the Council of Fashion Designers of America have pushed for the enactment of a new statute, the DPPA, to curtail copying of their designs. As proposed, the legislation would amend the vessel hull design protection already provided for in the Digital Millennium Copyright Act by including qualifying designs in clothing and accessories.
This article reviews current US copyright protection available to fashion designers and discusses how the Design Privacy Prohibition Act (DPPA) would broaden those rights. Lacking meaningful copyright protection, fashion designers joined together in the early 20th Century to try to halt design piracy. Because of the very limited availability of copyright protection for fashion items, designers arguably have diverted money, time, and effort from design to the promotion of trademarks. But a trademark does not protect the overall design. Trademark law therefore offers relatively little protection against copyists as opposed to counterfeiters. Some prominent fashion designers and the Council of Fashion Designers of America have pushed for the enactment of a new statute, the DPPA, to curtail copying of their designs. As proposed, the legislation would amend the vessel hull design protection already provided for in the Digital Millennium Copyright Act by including qualifying designs in clothing and accessories.
