Third Time\u27s a Charm - Why Congress Should Modify the Newest Incarnation of the Design Piracy Prohibition Act

Throughout America history, our legal system has tended to overlook the fashion industry. While trademark law vigorously protects certain intellectual property in fashion, copyright law has played a very minor role, protecting only prints, images, and similar artistic features that are separable from the clothing. The Design Piracy Prohibition Act (DPPA), in its third iteration as H.B. 2196, represented the ongoing effort to amend U.S. copyright law to provide protection for the actual structure and design of clothing. This Comment argues that the artistic value of fashion design, and the prevalence and ease of design piracy, makes it worthy of copyright protection. However, this Comment also concludes that as written, the DPPA, re- introduced in April 2009, would not provide the type of protection sought and was too broad in scope. The Bill never did pass, but the push for copyright protection for fashion designs remains strong. The DPPA has been succeeded by the Innovative Design Protection and Privacy Act (IDPPPA) as S.3728, introduced in August 2010 and placed on the Senate Legislative Calendar in December 2010. Some of the recommendations laid forth in this Comment have coincidentally been implemented in the most recent legislation