A new law that would extend copyright protection to clothing has designers in an uproar. It threatens to widen the rift in the American fashion industry. The Design Piracy Prohibition Act (DPPA) would protect the designers work for three years from knock-offs. It would also put the United States on par with Europe and Japan where fashion has strong copyright protection.
In America labels and logos are protected by trademark but clothing designs are not. Many designers claim their work has been copied. Designers fear that DPPA could widen the rift between the fashion and apparel industries while leaving consumers with fewer options.
The two most prominent U.S. fashion associations have come down on opposite sides of the bill, creating a split in the industry. The Council of Fashion Designers of America strongly supports the DPPA. It says the worldwide fashion counterfeit market may exceed $200 billion. Many of its members are designers whose work is vulnerable to copyists. But the larger American Apparel and Footwear Association, which represents some of the retailers, believe the law would encourage collaboration between the two sides of the clothing market.
Under the DPPA, mass market retailers would have to hire designers to consult, instead of copying. Prominent designers also worry that the DPPA would give high fashion a monopoly on trends, making good design more expensive and reducing consumer choice.
The DPPA, which is pending in the U.S. Senate, aims to protect independent designers from companies that copy their work. If would require U.S. designers to register their designs for a fee in exchange for limited copyright protection. In Europe, registration is not mandatory, and copyright protection can last up to 25 years.