Number: RS22685
Title: Copyright Protection for Fashion Design: A Legal Analysis of the Design Piracy Prohibition Act (H.R. 2033 and S. 1957)
Authors: Brian T. Yeh, Legislative Attorney 
Abstract: Fashion design does not currently receive explicit protection under U.S. copyright law. Limited avenues for protection of certain types of apparel designs can be found through trademark and patent law, though proponents of copyright protection for fashion design argue that these limited means are insufficient. Two bills that were introduced in the 110th Congress, H.R. 2033 and S. 1957 (the Design Piracy Prohibition Act), would have amended Chapter 13 of the U.S. Copyright Act, which currently provides protection for designs of vessel hulls. Both bills would have granted fashion designs a three-year term of protection, based on registration with the U.S. Copyright Office. This report analyzes the amendments that the Design Piracy Prohibition Act would have made to Chapter 13 of the Copyright Act. It also summarizes arguments both in favor of and against extending copyright protection to fashion designs.
Pages: 6
Date: January 16, 2009