Special fashion law to protect American fashion-industry

For some time now the US government is trying to create a special copyright law for the fashion industry. In spite of many negative comments, it seems that the government wants to continue the plan. Especially large brands like Louboutin want a copyright law for the fashion industry.

As far as we know, the US doesn't have a specific law for protecting copyright for the fashion industry. The Copyright Act can protect a design or part of a design, but this protection is limited. Now the government of the US wants the Vessel Hull Design Protection Act to also protect fashion designs. This means that fashion designs will actually be protected by law, but this will only count for certain fashion designs such as real haute couture. The protection by this 'Act' will be more extensive and will be based on protection by registration, while protection by the Copyright Act is not registered.

The reason the US does not have such a law yet is because of the advantages of not having a copyright law. By not having such a law, innovation has become very important. It forces designers to develop the latest trends. Besides that, the 'real' stuff like clothing, bags and shoes are worth more because there are a lot of 'fakes' on the market. And it stimulates people to eventually buy a 'real' bag.

Large designers aren't happy with the lack of protection of their copyright. Louboutin, designer of exclusive ladies stiletto-heeled shoes with distinctive red soles, announced that he will have a zero-tolerance policy concerning the fake shoes.

The fashion-industry is one of the few industries that doesn't have a distinct copyright law. This is remarkable because many people consider designing clothes or bags as creations of an artist. The possibility that there will not be innovation at all because of a copyright law, does not seem to be a strong argument for not having such a law. Originality may just be greater because of the fact that people cannot copy others. Therefore it will be interesting how the fashion industry will react if a copyright law is established.
 
Sources: Techdirt.com and Copyright.gov

By: Karen Groen