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.
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.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2033 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2033
To amend title 17, United States Code, to provide protection for
fashion design.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2007
Mr. Delahunt (for himself, Mr. Goodlatte, Mrs. Maloney of New York, and
Mrs. Bono) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to provide protection for
fashion design.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Design Piracy Prohibition Act''.
SEC. 2. PROTECTION FOR FASHION DESIGN.
(a) Designs Protected.--Section 1301 of title 17, United States
Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Fashion design.--A fashion design is subject to
protection under this chapter.''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting ``or an article
of apparel,'' after ``plug or mold,''; and
(B) by adding at the end the following new
paragraphs:
``(7) A `fashion design' is the appearance as a whole of an
article of apparel, including its ornamentation.
``(8) The term `design' includes fashion design, except to
the extent expressly limited to the design of a vessel.
``(9) The term `apparel' means--
``(A) an article of men's, women's, or children's
clothing, including undergarments, outerwear, gloves,
footwear, and headgear;
``(B) handbags, purses, and tote bags;
``(C) belts; and
``(D) eyeglass frames.''.
(b) Designs Not Subject to Protection.--Section 1302 of title 17,
United States Code, is amended in paragraph (5)--
(1) by striking ``(5)'' and inserting ``(5)(A) in the case
of a design of a vessel hull,'';
(2) by striking the period and inserting ``; or''; and
(3) by adding at the end the following:
``(B) in the case of a fashion design, embodied in a useful
article that was made public by the designer or owner in the
United States or a foreign country more than 3 months before
the date of the application for registration under this
chapter.''.
(c) Term of Protection.--Section 1305(a) of title 17, United States
Code, is amended to read as follows:
``(a) In General.--Subject to subsection (b), the protection
provided under this chapter--
``(1) for a design of a vessel hull shall continue for a
term of 10 years beginning on the date of the commencement of
protection under section 1304; and
``(2) for a fashion design shall continue for a term of 3
years beginning on the date of the commencement of protection
under section 1304.''.
(d) Infringement.--Section 1309 of title 17, United States Code, is
amended--
(1) in subsection (c), by striking ``that a design was
protected'' and inserting ``or reasonable grounds to know that
protection for the design is claimed'';
(2) in subsection (e), by inserting ``or from an image
thereof,'' after ``copied from a design protected under this
chapter,''; and
(3) by adding at the end the following new subsection:
``(h) Secondary Liability.--The doctrines of secondary infringement
and secondary liability that are applied in actions under chapter 5 of
this title apply to the same extent to actions under this chapter. Any
person who is liable under either such doctrine under this chapter is
subject to all the remedies provided under this chapter, including
those attributable to any underlying or resulting infringement.''.
(e) Application for Registration.--Section 1310 of title 17, United
States Code, is amended--
(1) in subsection (a), by striking the text and inserting
the following:
``(1) Vessel hull design.--In the case of a design of a
vessel hull, protection under this chapter shall be lost if
application for registration of the design is not made within 2
years after the date on which the design is first made public.
``(2) Fashion design.--In the case of a fashion design,
protection under this chapter shall be lost if application for
registration of the design is not made within 3 months after
the date on which the design is first made public.''; and
(2) in subsection (b), by striking ``for sale'' and
inserting ``for individual or public sale''.
(f) Examination of Application and Issue or Refusal of
Registration.--Section 1313(a) of title 17, United States Code, is
amended by striking ``subject to protection under this chapter'' and
inserting ``within the subject matter protected under this chapter''.
(g) Recovery for Infringement.--Section 1323(a) of title 17, United
States Code, is amended by striking ``$50,000 or $1 per copy'' and
inserting ``$250,000 or $5 per copy''.
(h) Other Rights Not Affected.--Section 1330 of title 17, United
States Code, is amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(3) any rights that may exist under provisions of this
title other than this chapter.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
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