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    Senate Judiciary Committee Protects Fashion Design Bill

    2010/12/10 11:13:00 53

    Fashion Designers Association Of American Fashion Designers

    The Senate Judiciary Committee has just passed the innovative design of the piracy protection and Prevention Act.

    Latest fashion

    The design provides copyright protection.

    The bill on protection of fashion design has been submitted to the Senate and the house of Representatives, but it has never been approved before.


    Whether it's a big fashion company or an independent little fashion.

    Designer

    The motion that has been discussed for many years is a breakthrough.

    The motion was proposed by Senator Charles Schumer, which provides copyright protection for the unique innovative design for three years.

    For the fashion industry, three years have been equivalent to ten years.


    Susan Scafidi, Dean of Fordham fashion law, analyzed the motion in her blog.

    Independent design of independent fashion designers and small companies, if they happen to be similar, need not worry too much that big companies will find trouble for them.

    According to SusanScafidi's legal interpretation, there are three kinds of behavior restrictions under the bill which is quite important to small fashion designers:


    1. there is an independent design defense.

    This means that if you are completely independent of your own design, if it happens to be the same as others' design, it will be used for defense of copyright infringement.


    2. home sewing exceptions.

    If you are an independent design, tailoring and sewing, this is a little like the "fair use" (similar to general copyright law) exception clause, which is used to protect lovers from infringement of fashion infringement.


    3. the substance is the same.

    This standard indicates that it is necessary to prove that one design causes infringement on another design, and the two must be "substantially the same".

    In other words, if there is a certain degree of imitation, the two designs are only close to appearance.

    If not, see clause 1.


    Big or small fashion designers should be happy to get a lot of work done.

    American Fashion Designers Association

    Under constant concern, the new bill was finally passed.

    If the bill becomes part of the copyright law, it will be an amendment to the thirteenth chapter of the statute.

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