IP Update: DPPA & Fashion Law Blog

By Kathleen Fasanella on Mar 10, 2010 at 11:57 am

Three strikes, you’re out! Yes? No?
Apparently not.

The Boston Globe reports that NY Senator Charles Schumer is preparing to reintroduce the Design Piracy Prohibition Act for the fourth time. His latest effort has been buoyed by Jeannie Suk, feminist cum fashionista at Harvard Law School who recently authored a paper entitled Law, Culture and the Economics of Fashion. From the Boston Globe:

Suk says she found it strange that there were laws in place protecting artists and writers, but not fashion designers. She was also concerned that this anomaly could deter people from going into fashion design.

Other than that there are existing laws and regulations to protect designers that aren’t being enforced, I’ll grant she knows more about law than I do but then I know more about apparel than she does. If the DPPA passes, our problem won’t be limited to deterring people from coming into the industry, it’ll be keeping the ones we already have alive. Under DPPA, every DE will have to spend incalculable thousands of dollars on legal fees to prove originality of their concepts or they’re not going to find a contractor who will sew it up for them. They won’t be able to find retail buyers either. Without indemnity, who wants to get sued and go to prison?

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