Design Piracy Prohibition Act

A bill to amend title 17, United States Code, to provide protection for fashion design.

8/2/2007--Introduced.
Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Excludes from such protection fashion designs that are embodied in a useful article that was made public by the designer or owner more than three months before the registration of copyright application. Gives fashion designs copyright protection for three years.
Declares that is not infringement to make, have made, import, sell, or distribute any article embodying a design which was created without knowledge or reasonable grounds to know that protection for the design is claimed and was copied from such protected design. Extends the definition of infringing article to include any article the design of which has been copied from an image of a protected design without the consent of the owner. Provides that a fashion design shall not be deemed to have been copied from a protected design if it is original and not closely and substantially similar in overall visual appearance to a protected design. Applies the doctrines of secondary infringement and secondary liability to actions related to original designs. Makes any person who is liable under either such doctrine subject to all the remedies, including those attributable to any underlying or resulting infringement.
Requires the Register of Copyrights to determine whether or not the application relates to a design which on its face appears to be within the subject matter protected as original designs and, if so, register the design.
Increases allowable damage awards for infringement of original designs.


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Sponsor

• Sen. Charles Schumer [D, NY]
• and 10 Co-Sponsors
  • Sen. Barbara Boxer [D, CA]
  • Sen. Benjamin Cardin [D, MD]
  • Sen. Hillary Clinton [D, NY]
  • Sen. Dianne Feinstein [D, CA]
  • Sen. Lindsey Graham [R, SC]
  • Sen. Orrin Hatch [R, UT]
  • Sen. Kay Hutchison [R, TX]
  • Sen. Herbert Kohl [D, WI]
  • Sen. Olympia Snowe [R, ME]
  • Sen. Sheldon Whitehouse [D, RI]
  close

Committees

• Senate Judiciary

Amendments

This bill has no amendments.

Amendments to S.1957

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
August 02, 2007

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All Bill Actions

• Aug 02, 2007: Read twice and referred to the Committee on the Judiciary.
• Introduced on Aug 02, 2007.

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Related Bills:

• H.R.2033

Related Issue Areas:

• Intellectual property
• Business
• Clothing
• Copyright
• 5 more
• Damages
• Eyeglasses
• Law
• Liability (Law)
• Shoe industry

Data from the Congressional Research Service

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Blog Coverage

November 10, 2008 Black Hole of Calcutta - New World Encyclopedia

Churchill, Winston S. 1957. A History of the English-Speaking Peoples. London: Cassell. OCLC 186160163. Busteed, H. E. 1908. Echoes From old Calcutta, Being Chiefly Reminiscences of the Days of Warren Hastings, Francis and Impey. ...

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Source: New World Encyclopedia

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August 07, 2008 Copyright Laws on Clothing

IH], and Senate Bill [S.1957.IS] both titled “Design Piracy Prohibition Act” and introduced April 25, 2007 and August 2, 2007 respectively are taking aim at fashion counterfeiters. The introduced legislation now provides protection for ...

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Source: Bennu Interests

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January 30, 2008 CFDA Fights Fashion Forgeries

CFDA Fights Fashion Forgeries January 29th, 2008 at 11: ... , Orrin Hatch and Hillary Clinton) introduced the S.1957 Design Piracy Prohibition Act in the United

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Source: Fashion Design Blog

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