Although the fashion industry has always been part of the creative landscape, it has never been privy to the same protections as other artistic endeavours like film, music and books. This is why knockoffs of designer items come so easily and are often times comparable in style (although rarely in quality). Under the current law (basically none concerning this issue), a low-end manufacturer could replicate a designer gown exactly and not face any repercussions so long as the label accurately reflects the manufacturer - not the designer. However, this may all change in the coming months. Last week a bill was introduced to the US senate to protect designers from this phenomenon entitled The Design Piracy Prohibition Act.
The act, says designer Jeffrey Banks, who has helped lobby for it, would allow a designer to photograph a garment, digitally archive it and register it for copyright protection for a nominal fee. It would be protected for three years. The designer could sue for damages up to $250,000 and press to have the fake goods destroyed.
The handbag industry is one of the biggest proponents of the copycat market, so it will be interesting to see how this law will affect it. Any item that is already available to the public will not be affected by the law and this will not prohibit manufacturers from creating designs inspired by the fashion greats.
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