From Reuters:
A proposed new law that would extend copyright protection to clothing has designers in an uproar and threatens to widen a rift in the American fashion industry.
For Maria Cornejo, whose Zero + Maria Cornejo label is a favorite of First Lady Michelle Obama, the Design Piracy Prohibition Act (DPPA) would protect her work for three years from knock-offs.
It would also put the United States on par with Europe and Japan where fashion has strong copyright protection.
Like other independent designers in America, where labels and logos are protected by trademark but clothing designs aren’t, Cornejo says her work has been copied.
But Isabel Toledo, creator of Michelle Obama’s inauguration outfit, fears the DPPA could widen the rift between the fashion and apparel industries - and leave consumers with fewer options.
The DPPA, which is pending in the U.S. Senate, aims to protect independent designers from companies that copy their work. If would require U.S. designers to register their designs for a fee in exchange for limited copyright protection.
The two most prominent U.S. fashion associations have come down on opposite sides of the bill, creating a split in the industry.
The fashion industry’s ambiguity over DPPA is for good reason; while few designers would willingly have their work knocked off, there can sometimes be a “fast and loose” quality to the industry that doesn’t always lend itself to the organization nor the liquid assets necessary to file all the copyright paperwork and sue violators if necessary.
There is also a staggering amount of grey area when it comes to establishing whether or not one design is overly reminiscent of another. Sure, the Louis Vuittons hanging around in Chinatown are clearly not the originals, but designers, like so many other artists, are frequently influenced by the work of their contemporaries. Legislating the nuances of apparel design seems an impossible feat.