Design Piracy Prohabition Act

We the undersigned, are opposed to passage of the The Design Piracy Prohibition Act (HR 2196) currently under consideration by the U.S. Congress, proposed at the behest of CFDA (Council of Fashion Designers of America).

Independent designers, nearly none of whom are members of the exclusionary, invitation only CFDA, have limited finances and production resources. Requiring registration of designs represents a dramatic increase in the cost of doing business. Unless proof of design ownership is forthcoming, businesses we rely on for production will refuse to extend manufacturing services in the interests of avoiding liability. The unfortunate outcome is that rampant job losses industry wide across the United States is inevitable. Internationally, untold millions will be unemployed and unable to care for their families. If Congress and the CFDA were intent upon destroying what's left of manufacturing in the United States and Canada, they couldn't have devised a better plan.

It's an ugly open secret that well known socialite designers have been copying nameless unknown independent designers for years. Unfortunately, this law will not prevent that. Being a civil matter rather than criminal, an independent who manages to accumulate the capital needed to hire attorneys and afford design registration, is not likely to also have the financial means to pursue cause against their infringers. For these reasons, registration is worthless. Even Diane Von Furstenberg, champion of this bill and head of the CFDA recently copied an independent designer (cit.1). Unfortunately the designer she copied -being Canadian- has no recourse in US courts assuming the company (Mercy) even had the money to sue.

Results of a poll (cit.2) show that over 86\% of independent designers are opposed to the implementation of this bill. Furthermore, over 98\% agree that this law will not protect them. This bill does not speak for the 68\% of domestic apparel manufacturers who employ fewer than 20 employees. Rather than protecting innovation, this proposed law will stifle creativity more effectively than any other imagined alternative.

With over 90% of the competition eliminated, apparel production in the United States will become a market a monopolist can only dream of. Consumers will be forced to spend thousands of dollars for high end designer apparel sold in luxury stores or go without. The price of used clothing will dramatically escalate. Many consumers will find nothing to buy assuming they had the money because few CFDA designers make anything larger than a size 12. Older consumers with different styling and color preferences will be hard pressed to find apparel commensurate to their dignity. Few women over 40 can wear mini skirts, navel baring tops or whatever constitutes the fashion whim of the season.

Make no mistake, design piracy whether loosely defined as "inspiration" or out right copying is beyond repugnant. However, as financially damaging as being copied is and has been, this proposed law is the last nail in the coffin of US apparel manufacturing and retail. To whit, if the CFDA and Congress intended to kill what's left of domestic manufacturing in the United States, they would have been hard pressed to devise a better plan than this.

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Citations:
1. http://network.nationalpost.com/np/blogs/theampersand/archive/2009/04/23/copycat-style.aspx
2. http://www.fashion-incubator.com/archive/protecting_fashion_ideas_law/

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