Style & Focus News Bites

Adapted from Copyrighting a Dress: Congress Mulling Bill To Protect Designers (WWD.com)

According to Women's Wear Daily (WWD.com), Congress is thinking over a copyrighting bill that would protect designer's work from being copied.

Currently it's hard to define the terms "piracy," "knockoffs" and "original" designs under intellectual property laws. What does the trademark laws protect? Designer logos and "innovative or ornamental" design elements. Prints and artwork are protected by intellectual property laws, but fashion designs have no protection under copyright laws (WWD).

Wednesday, April 25th, Nicole Miller and others visited Capitol Hill to lobby lawmakers on a bill that could change the current copyright law.

"Design piracy denigrates the integrity of the style," said Miller. "This year, we have been copied more than we have in past years. With this legislation, people will be deterred from making everything too literal. It's the line-for-line copies that bother me."

Diane von Furstenberg, the new president of the Council of Fashion Designers of America, is involved in the aggressive campaign on Capitol Hill.

"It has gotten to a point at which, unless we get regulation, people will continue to boast about copying," said von Furstenberg, famous for her ubiquitous wrap dress. "Laws are really about intimidation, and we need to have a little law here and a little intimidation. By passing a law, we emphasize the value of designs. It is not an elitist thing. Even Target and Wal-Mart are beginning to use designers in their stores."

Now for the other side of this issue:

David Wolfe, creative director for Doneger Creative Services, said in an interview when the bill was introduced last year, "My worry is that it will make people so frightened that fashion will stop dead in its tracks. I think fashion is like a live reef — all creatures feed off of one another and that stimulates growth and movement."

Allen B. Schwartz, founder and design director of A.B.S. by Allen Schwartz, who has built a portion of his multimillion-dollar business on copying designer gowns of the Academy Awards and other Hollywood awards shows, bristles at the concept of copyright protection for designs.

"Designers have for 100 years been going to Europe on boats and bringing inspirations from couture back and putting a spin on things," said Schwartz. "Nothing is original when it comes to silhouettes or a fabric."

Schwartz draws the line at prints, graphics and artwork, which he believes should be protected. As for the law under consideration, Schwartz said, "It's not a good idea. It will create a lot of disruption and litigation, and people will worry more about what they can and can't do as opposed to bringing fashion to the consumer."

The bill could have an impact on retailers such as H&M and Zara, which reinterpret runway designs and trends to sell to the public at lower prices, as well as on retailers' private label businesses.

"It is looking at fashion as an artistic expression and a unique design versus the commonplace belief that apparel is more utilitarian," said Liz Oesterle, government relations council at the National Retail Federation. "The question is, can you protect something that is a commonplace good versus something that is unique and special? We have members on both sides of the issue."

She said retailers that have their own labels or have close relationships with high-end designers might want the protection, while others are concerned the law is too broad and could place restrictions on trends.