8/5/2010--Introduced.Innovative Design Protection and Piracy Prevention Act - Extends copyright protection to fashion designs. Includes as protected items clothing, handbags, duffel bags, tote bags, belts, and eyeglass frames. Excludes from such protection designs embodied in a useful article made public by the designer more than three years before the date upon which protection of the design is asserted. Prohibits considering certain factors in determining the protection of a fashion design. Sets the term of protection at 3 years for a fashion design and 10 years for a design of a vessel hull. Declares that it is not infringement to make, have made, import, sell, offer for sale, advertise, or distribute any article embodying a design which was created without knowledge, either actual or reasonably inferred from the totality of the circumstances, that a design was protected and was copied from such protected design. Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. Prohibits deeming a fashion design to have been copied from a protected design if it:
(1) is not substantially identical in overall visual appearance to and as to the original elements of a protected design; or
(2) is the result of independent creation. Applies the doctrines of secondary infringement or secondary liability to actions related to original designs. Rewrites provisions concerning the remedy for infringement. States, in general, that:
(1) in the case of a vessel hull, the owner of a design is entitled, after issuance of a certificate of registration of the design, to institute an action for any infringement of the design; and
(2) in the case of a fashion design, the owner of a design is entitled to institute an action for any infringement of the design after the design is made public. Increases the penalty for false representation.
Comment: This bill should be opposed because "fashion" can't really be copyrighted. This is foolishness and a waste of taxpayers money. Schumer is creating legislation for one of his special interest groups.
Repeal the 17th Amendment and we'll remove the special interest influence from our legislative process.
Additional Information: Air Jordan 4 does not offer protection to fashion designs.
1 comment:
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"
We've come a long way with this intellectual "property" nonsense, haven't we?
Note also that "limited" meant 14 years, they've been extending it since 1909 until a few years ago when the Supreme Court said "limited" could mean the anything (including the current 120+ years)
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