Hey fashionistas, listen up!

What if I were to tell you that your new clothing design can be freely imitated without any repercussions for the person stealing your chic, innovative line?  Of course certain “pieces” of clothes can be protected, such as a distinct print, accessory, trademark, etc.  But what does this mean if the actual design cannot be protected against the notorious copycats?  We all know that the design of the garment is the heart, the soul, and the backbone to any great fashion piece.   However, right now in the U.S. the law does not protect the actual fashion design, meaning all our hard work can easily be made into cheap knockoffs.

But is there a way out of the potato sack fitting situation?  Repeatedly, legislators have argued over the Design Piracy Prohibition Act (“DPPA”).  Though the act failed in 2006, legislators have recently reintroduced it into the discussion.  One of the goals of this act would be to allow fashion designers to copyright their designs so that a garments’ likeness could not be reproduced or copied.   To put this into context, if protected, your favorite department store would not be allowed to sell a more affordable version of that new stylish dress you saw walking down the red carpet.

Nevertheless, fashion experts are asking, “Is this really such a good idea?”  Many people argue that copyrighting designs would drastically hurt up-and-coming fashion designers that do not yet have the financial means to obtain copyrights.  Also, others argue the copyright process timetable cannot keep up with the ever-changing fashion trends, so by the time a copyright is granted, us fashionable folk have already moved onto the next “fad.”  However, what about those staple items that a fashion designer has worked so hard to create, should those be thrown into the water to feed the mooching copycat sharks without any protection whatsoever?

What do you think?  Do you think fashion designs/designers would benefit or hurt from the proposed act?  How would we know if a design resembles another to the point of infringement?  At what point should a design be considered “original?”

In a world where some of us are solids and others swear by stripes, it should be interesting to see where this legislation falls.