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    The United States Provides Copyright Protection For Costume Design.

    2010/12/14 18:18:00 51

    Copyright Protection Of American Fashion Design

    The Senate Judiciary Committee has just passed the innovative design of the piracy protection and Prevention Act, which aims to provide copyright protection for fashion design.

    The bill on protection of fashion design has been submitted to the Senate and the house of Representatives, but it has never been approved before.


    Whether for big fashion companies or independent small fashion designers, the motion that has been discussed for many years is a breakthrough.

    The motion was proposed by Senator Charles Schumer, which provides copyright protection for the unique innovative design for three years.

    For the fashion industry, three years have been equivalent to ten years.


    Susan Scafidi, Dean of Fordham fashion law, analyzed the motion in her blog.

    Independent design of independent fashion designers and small companies, if they happen to be similar, need not worry too much that big companies will find trouble for them.

    According to SusanScafidi's legal interpretation, there are three kinds of behavior restrictions under the bill which is quite important to small fashion designers:


    1. there is an independent design defense.

    This means that if you are completely independent of your own design, if it happens to be the same as others' design, it will be used for defense of copyright infringement.


    2. home sewing exceptions.

    If you are an independent design, tailoring and sewing, this is a little like the "fair use" (similar to general copyright law) exception clause, which is used to protect lovers from infringement of fashion infringement.


    3. the substance is the same.

    This standard indicates that it is necessary to prove that one design causes infringement on another design, and the two must be "substantially the same".

    In other words, if there is a certain degree of imitation, the two designs are only close to appearance.

    If not, see clause 1.


    Both big and small fashion designers should be very happy that the new motion has finally been passed through a lot of work and continuous attention from the American Fashion Designers Association.

    If the bill becomes part of the copyright law, it will be an amendment to the thirteenth chapter of the statute.

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