On 13/12/10 01:47, Alec Story wrote:
I'm still not clear on exactly what would be copyrightable under this
bill. Can anybody explain?
"A "fashion design" under the IDPPPA would be defined as an entire
article of apparel including its embellishment and also includes
elements of the original apparel that are the creative work of the
original designer and are unique."
https://secure.wikimedia.org/wikipedia/en/wiki/The_IDPPPA_%28S.3728%29
An IP Maximalist view is that:
"In the end, this bill addresses the needs of emerging designers, offers
recognition and protection to all creative fashion designers, brings the
U.S. in line with IP law in other fashion design-producing countries,
closes a legal loophole related to counterfeiting, and will force former
copyists to actually design clothing or at least sign licensing
agreements -- meaning more jobs for designers and more affordable
choices for consumers."
http://www.counterfeitchic.com/2010/08/introducing-the-innovative-design-protection-and-piracy-prevention-act.html
(I find those arguments at best factually incorrect and logically
incoherent, but I am presenting them as they are the ones that will be
being made.)
A non-IP-Maximalist view is that the bill will:
" * put numerous small businesses that don't have $400,000 to spend on
litigation out of business;
* cause 1.6 jobs to be lost in Los Angeles for every fashion job lost;
* severely disrupt the fashion manufacturing process;
* cause lenders to stop lending;
* increase expediently the work load of the federal judiciary --
the court that rules on copyright litigation;
* narrow your choice of clothes; and
* increase the cost of the few items you can buy by at least 30%.
"
And that it is flawed because:
" * it violates due process because designers are not required to file
a copyright registration on their alleged "original design;" and
* its has new, uninterpreted terms - like "substantially
identical," "deliberate copies" and "independent creation."
"
http://fashionlaw.foxrothschild.com/tags/idpppa/
- Rob.
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