Senate Judiciary Committee Approves and Sends IDPA to Senate

The fashion copyright protection bill is on its way to the Senate. In the midst of all the excitement surrounding NYFW a couple weeks ago, Senator Chuck Schumer brought fashion law to the forefront and introduced thenewest version of the fashion design protection legislation originally proposed in 2006 and currently pending in the House of Representatives. The bill's title changed from "Innovative Design Protection and Piracy Protection Act" (IDPPPA) to  the "Innovative Design Protection Act" (IDPA). Other changes to the bill included (1) a provision requiring detailed written notice to alleged infringers; and (2) a 21-day moratorium on commencement of an action after that notice. To view a copy of the new bill, click here.

This morning, the Fashion Law Institute provided twitter coverage as the Senate Judiciary Committee reviewed the IDPA and sent the bill to the full Senate with only 4 opposing votes. Of course, there were a few expressed concerns. Senator Michael Lee proposed an amendment to have the losing party who files a designer copyright infringement suit to also pay attorneys fees in order to discourage opening the floodgates of litigation, but the suggested amendment was shot down. Senator Schumer pointed out that the 21 moratorium on litigation commencement will provide enough protection against increased lawsuits, a safeguard that other copyright laws do not have. Senator Schumer went on to state that IDPA is a balanced bill that "protects couture design [and] allows others to proceed in a way that ensures survival." 

Senator Charles Schumer

The next steps for the IDPA is to pass the full Senate and then the House before the congressional session ends in January. We here at TFG are very excited to see the legislative efforts of those who believe in copyright protection for fashion come to fruition and will be sure to keep you updated on IDPA's further progress.