Design Piracy Prohibition Act - Criticism

Criticism

Critics claim that, contrary to the bill's claims, the bill will actually harm independent fashion designers. The majority of independent designers do not have the litigation funds to effectively challenge big business should they be accused of copyright infringement. Furthermore, because distributors of accused designs can be penalized as well as the designer, distributors of clothing will become very wary of new designs unless the designer has adequate funds, influence, and power to hire skilled and effective lawyers. Pattern companies frequently utilize prevailing trends; so they too are vulnerable. Because of the legal risks of producing fashion patterns, fewer people will sew their own clothing, and fabric and sewing stores will suffer losses as well. As evidence of the bill's hypocrisy, critics point to how one of the most vocal supporters of the bill, Diane Von Furstenburg, was recently caught copying and distributing a piece of clothing originally designed by an independent Canadian designer. Critics also argue that the industry is already thriving commercially and encourages innovation. They point attention to the concept that originality in fashion design is too insubstantial for copyright law to distinguish protected elements from non-protected elements, and that extending copyright protection would stifle independent designers while giving powerful, big-business fashion houses a near-monopoly.