Design Piracy Prohibition Act

In 2006, Congressman Bob Goodlatte (R-VA) introduced H.R. 5055, the Design Piracy Prohibition Act, that would provide a three-year copyright on original fashion designs.   A hearing held in late July 2006 highlighted some important concerns from parts of the fashion industry on the bill, as a result of the many legal challenges the legislation would create if enacted. 

In April 2007, Congressman Goodlatte’s democratic cosponsor from the 109^th Congress, Congressman William Delahunt (D-MA), took the lead and reintroduced the legislation (H.R. 2033) for consideration in the 110^th Congress.  A Senate companion bill (S. 1957) was also introduced by Senators Chuck Schumer (D-NY) and Orrin Hatch (R-UT).  Upon introduction of the bill, Senator Hatch restated in the Congressional Record some of the issues illustrated in 2006 by opponents of the current bill:

“It must be recognized that this bill is not perfect and there are several legitimate concerns with the way this bill attempts to protect designs. I will be working with my colleagues to make improvements to this bill as it goes through the Senate process. Some areas of the bill that need to be improved are: the standard for liability, the definition of designs in the public domain, and the secondary liability provisions. However, I am certain we will be able to work through these issues and move this bill forward.”

AAFA has reached out to the Council of Fashion Designers of America, the industry sponsors of the legislation, to work through some of these problems and craft legislation that will not stifle creativity and innovation in the development of fashion designs.  In its current form, AAFA has come out in opposition to the legislation and sent a letter to each member of the House and Senate explaining these concerns.

5.19.08
By a vote of 410-11, the Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2007 passed out of the House of Representatives and is making its way to the Senate Judiciary Committee for its consideration. The legislation will give the Department of Justice new and expanded abilities to better confront and prosecute intellectual property rights violations. As the PRO-IP Act moves through Congress, the misguided Design Piracy Prohibition Act, aka the "fashion police" bill, has stalled since public debate on the bill was part of a March subcommittee hearing on the overall issue of design rights under the Copyright Act. Given the short legislative calendar for the rest of the year and Congress’s already jam-packed schedule, it remains quite unlikely that the legislation will see any further action in the House or Senate. Nevertheless, AAFA staff is continually educating congressional staff on the unique nature of the fashion industry and further expressing the association’s deep commitment to supporting measures that will actually protect its members’ intellectual property.