REAL OR FAKE? Fashion Designers Take on Pirates
- added November 13, 2007
- 4 responses
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- mirimysweet
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A bill pending in the Senate would protect the style of a garment, and not just the logo, under copyright.
Under the federal Copyright Act of 1976, the line between design piracy in fashion (co-opting the cut, shape and silhouette of an item) and counterfeiting (faux goods posing as designer merchandise) is razor-thin. Only artwork is protected: brand labels, logos, original prints and embroidery. The patterns -- or blueprints -- for garments and accessories are not. But many in the fashion industry consider the classifications ludicrous and are trying to have the law changed.
"There is no counterfeiting without design piracy," designer Diane Von Furstenberg said in an interview at her Beverly Hills estate. "It's counterfeiting without the label."
As the president of the New York-based Council of Fashion Designers, a nonprofit trade organization, Von Furstenberg is backing a bill pending in the Senate that would amend the Copyright Act. Dubbed the Design Piracy Prohibition Act, it would extend the protections in fashion design beyond artwork to encompass "the appearance as a whole" (the cut and silhouette) of an article for three years.
Though the bill has garnered strong support from Seventh Avenue, many L.A. fashion professionals have voiced doubt as to whether the bill could really make a dent in design piracy -- or if it will increase litigation in an already hyper-litigious industry.
Under the federal Copyright Act of 1976, the line between design piracy in fashion (co-opting the cut, shape and silhouette of an item) and counterfeiting (faux goods posing as designer merchandise) is razor-thin. Only artwork is protected: brand labels, logos, original prints and embroidery. The patterns -- or blueprints -- for garments and accessories are not. But many in the fashion industry consider the classifications ludicrous and are trying to have the law changed.
"There is no counterfeiting without design piracy," designer Diane Von Furstenberg said in an interview at her Beverly Hills estate. "It's counterfeiting without the label."
As the president of the New York-based Council of Fashion Designers, a nonprofit trade organization, Von Furstenberg is backing a bill pending in the Senate that would amend the Copyright Act. Dubbed the Design Piracy Prohibition Act, it would extend the protections in fashion design beyond artwork to encompass "the appearance as a whole" (the cut and silhouette) of an article for three years.
Though the bill has garnered strong support from Seventh Avenue, many L.A. fashion professionals have voiced doubt as to whether the bill could really make a dent in design piracy -- or if it will increase litigation in an already hyper-litigious industry.
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- mirimysweet
- 10 months ago
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How to spot a fake Louis Vuittoncheck the article for tips.
I don't know how I feel about the proposed bill. The designers have a right to protect their designs. However, based on cut and silhouette? I dunno. Depending on how detailed the parameters are and the limits on what the designers can claim, it could make for a lot of litigation. We really need the courts for more important stuff, not "oh you copied my Louis."
However, I coud see it working if the bill were similar to getting a patent in requirements but not length of time. The design outline would have to be super detailed. This might cut down on frivolous suits. -
Old business think: Just like TV networks, film studios, music megaconglomerates--all figured out that the socialized reproduction of information was impossible to withstand, so to will the habberdashers realize that with globalization anything can be made without artists approval in collectivities far from the weight of national laws. Death to the individual and their 19th century ways of protecting identity. Privacy, private property, idea-hording, are all evaporating into the panopiticon web.
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Ahh yes, litigation about the most important of things: fashion.
As much as I may feel it seems silly, it is important to protect the rights of designers or else they lose all incentive to create. That being said, they also make boat loads of money off of really silly things like the clothes we all wear and accessories.
I agree that if there is going to be such a law it must be, and yes this is going to be a terrible pun of sorts, narrowly tailored to ensure that litigation can only be brought in the appropriate circumstances.
At the same time, I can see the point ppl in LA are trying to make: it's already illegal to make fake LV bags yet there are SOOOO many of them out there. So laws that already exist to prevent blatant piracy don't even do so. Who cares if your bag has the same shape as an LV bag when u can go out and buy one in the same shape and with the same logo on it for cheap?
It also seems this could do a disservice to the fashion industry in that it would allow the big time labels to sue each other for stealing "silhouettes." Lots of companies make things that are strikingly similar in shape/design.
Something to think about: federal law does protect trade dress...so the layout of a McDonald's is protected under federal intellectual property law...in some ways similar protection for other designs seems intuitive.
As frivolous as intellectual property law may seem to some [and i'm not referring to anyone whose commented here] it is exceedingly important for the arts and sciences. Many policy considerations go into IP laws and these laws play a crucial role in the developments and progression of our society. But obviously they laws can be used in silly ways and depending on how this potential law is shaped it could end up in many lawsuits that aren't really necessary or beneficial. -
Check It: Forever 21 pilfers Diane von Furstenbergs StyleTake a look at the comparison between a $325 DvF dress and its $32 Forever 21 counterpart.-
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- sassypants
- 10 months ago
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