Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Includes as protected items clothing, handbags, duffel bags, tote bags, and eyeglass frames. Excludes from such protection designs embodied in a useful article made public by the designer more than six months before the registration of copyright application. Prohibits considering certain factors in determining the originality of a fashion design. Sets the term of protection at three years.
Declares that it is not infringement to make, have made, import, sell, or distribute any article which was created without reasonable grounds to know that design protection is claimed.
Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is original and not closely and substantially similar in overall visual appearance to a protected design; (2) merely reflects a trend; or (3) is the result of independent creation.
Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design.
Applies the doctrines of secondary infringement or secondary liability to actions related to original designs.
Requires that applications for design registration be made within two years after the design is made public for vessel hulls and within six months after the design is made public for fashion designs. (Current law sets such a time limit at two years for designs in general.)
Increases allowable damage awards for infringement of original designs and for false representation.
Requires the Register of Copyrights to establish and maintain an electronically searchable fashion design database available to the public without charge.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2196 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2196
To amend title 17, United States Code, to extend protection to fashion
design, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2009
Mr. Delahunt (for himself, Mr. Goodlatte, Mr. Nadler of New York, Mr.
Issa, Ms. Jackson-Lee of Texas, Mrs. Bono Mack, Mr. Sensenbrenner, Ms.
Wasserman Schultz, Mr. Coble, Mr. Maffei, Mr. Weiner, Mr. Rangel, Mr.
Wexler, Ms. Waters, Mr. Cohen, Mrs. Maloney, Mr. George Miller of
California, and Ms. DeLauro) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to extend protection to fashion
design, and for other purposes.
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. AMENDMENTS TO TITLE 17, UNITED STATES CODE.
(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:
``(7) A `fashion design'--
``(A) is the appearance as a whole of an article of
apparel, including its ornamentation; and
``(B) includes original elements of the article of
apparel or the original arrangement or placement of
original or non-original elements as incorporated in
the overall appearance of the article of apparel.
``(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, wallets, duffel bags,
suitcases, tote bags, and belts; and
``(C) eyeglass frames.
``(10) In the case of a fashion design, the term `trend'
means a newly popular concept, idea, or principle expressed in,
or as part of, a wide variety of designs of articles of apparel
that create an immediate amplified demand for articles of
apparel embodying that concept, idea, or principle.''.
(b) Designs Not Subject to Protection.--Section 1302(5) of title
17, United States Code, is amended--
(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 6 months before
the date of the application for registration under this
chapter.''.
(c) Revisions, Adaptations, and Rearrangements.--Section 1303 of
title 17, United States Code, is amended by adding at the end the
following: ``The presence or absence of a particular color or colors or
of a pictorial or graphic work imprinted on fabric shall not be
considered in determining the originality of a fashion design under
section 1301 or 1302 or this section or the similarity or absence of
similarity of fashion designs in determining infringement under section
1309.''.
(d) 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.''.
(e) 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) by amending subsection (e) to read as follows:
``(e) Infringing Article Defined.--
``(1) In general.--As used in this section, an `infringing
article' is any article the design of which has been copied
from a design protected under this chapter, or from an image
thereof, without the consent of the owner of the protected
design. An infringing article is not an illustration or picture
of a protected design in an advertisement, book, periodical,
newspaper, photograph, broadcast, motion picture, or similar
medium.
``(2) Vessel hull design.--In the case of a design of a
vessel hull, a design shall not be deemed to have been copied
from a protected design if it is original and not substantially
similar in appearance to a protected design.
``(3) Fashion design.--In the case of a fashion design, a
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, if
it merely reflects a trend, or if it is the result of
independent creation. This paragraph shall not be construed to
permit the copying of a discrete design protected by this
chapter.''; and
(3) by adding at the end the following:
``(h) Secondary Liability.--The doctrines of secondary infringement
or 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.''.
(f) Application for Registration.--Section 1310 of title 17, United
States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Time Limit for Application for Registration.--
``(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 6 months after
the date on which the design is first made public by the
designer or owner in the United States or a foreign country.'';
(2) in subsection (b), by striking ``offered for sale'' and
inserting ``offered for individual or public sale''; and
(3) in subsection (d)--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and moving
such subparagraphs 2 ems to the right;
(B) by striking ``The application for registration
shall be made to the Administrator and shall state--''
and inserting the following:
``(1) In general.--The application for registration shall
be made to the Administrator and shall state--''; and
(C) by adding at the end the following:
``(2) Vessel hull designs.--In the case of a design of a
vessel hull, the application for registration may include a
description setting forth the salient features of the design,
but the absence of such a description shall not prevent
registration under this chapter.
``(3) Fashion designs.--In the case of a fashion design,
the Administrator shall require a brief description of the
design for purposes of matching the search criteria of the
searchable database established under section 1333, except that
such brief descriptions shall in no way limit the protection
granted to the design or the subject matter of the registration
under this chapter.''.
(g) Recovery for Infringement.--Section 1323 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) Penalty for False Representation.--Section 1327 of title 17,
United States Code, is amended--
(1) by striking ``$500'' and inserting ``5,000''; and
(2) by striking ``$1,000'' and inserting ``$10,000''.
(i) Common Law and Other Rights Unaffected.--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.''.
(j) Searchable Database for Fashion Design.--
(1) In general.--Chapter 13 of title 17, United States
Code, is amended by adding at the end the following:
``Sec. 1333. Searchable database for fashion design
``(a) In General.--The Administrator shall establish and maintain a
computerized database of fashion designs protected under this chapter.
The database--
``(1) shall be searchable electronically, by general
apparel and accessory categories;
``(2) shall include the information required by
subparagraphs (A), (B), (C), (D), and (F) of paragraph (1), and
paragraph (3), or section 1310(d); and
``(3) shall be available to the public without a fee or
other access charge.
``(b) Additional Requirements.--The database under subsection (a)
shall contain a substantially complete visual representation of all
fashion designs that have been submitted for registration under this
chapter, and shall include information as to the status of those
designs, such as whether such designs are--
``(1) registered under section 1313(a);
``(2) denied registration under section 1313 (b);
``(3) cancelled under section 1313(c); or
``(4) expired under section 1305.''.
(2) Conforming amendment.--The table of sections for
chapter 13 of title 17, United States Code, is amended by
adding at the end the following:
``1333. Searchable database for fashion design.''.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the amendments made by this subsection.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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