S. 1957 · 110th Congress
Design Piracy Prohibition Act
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Never voted on. It didn't reach a floor vote before the 110th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
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SchumerSponsor10 cosponsors · 6 D, 4 R
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Clinton
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Feinstein
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Graham
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Hatch
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Hutchison
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Kohl
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Snowe
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Whitehouse
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Boxer
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Cardin8 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Excludes from such protection fashion designs that are embodied in a useful article that was made public by the designer or owner more than three months before the registration of copyright application. Gives fashion designs copyright protection for three years.
What it does: CRS summary · Introduced in Senate · Aug 2, 2007
Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Excludes from such protection fashion designs that are embodied in a useful article that was made public by the designer or owner more than three months before the registration of copyright application. Gives fashion designs copyright protection for three years.
Declares that is not infringement to make, have made, import, sell, or distribute any article embodying a design which was created without knowledge or reasonable grounds to know that protection for the design is claimed and was copied from such protected design.
Extends the definition of infringing article to include any article the design of which has been copied from an image of a protected design without the consent of the owner. Provides that a fashion design shall not be deemed to have been copied from a protected design if it is original and not closely and substantially similar in overall visual appearance to a protected design.
Applies the doctrines of secondary infringement and secondary liability to actions related to original designs. Makes any person who is liable under either such doctrine subject to all the remedies, including those attributable to any underlying or resulting infringement.
Requires the Register of Copyrights to determine whether or not the application relates to a design which on its face appears to be within the subject matter protected as original designs and, if so, register the design.
Increases allowable damage awards for infringement of original designs.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Design Piracy Prohibition Act
Latest action (Aug 2, 2007): Read twice and referred to the Committee on the Judiciary.
Policy area: Commerce · Origin: Senate · Introduced: Aug 2, 2007
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.