[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1957 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1957

   To amend title 17, United States Code, to provide protection for 
                            fashion design.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

 Mr. Schumer (for himself, Mrs. Hutchison, Mrs. Feinstein, Mr. Hatch, 
  Mr. Whitehouse, Mr. Graham, Mr. Kohl, Mrs. Clinton, and Ms. Snowe) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 17, United States Code, to provide protection for 
                            fashion design.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Design Piracy Prohibition Act''.

SEC. 2. PROTECTION FOR FASHION DESIGN.

    (a) Designs Protected.--Section 1301 of title 17, United States 
Code, is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Fashion design.--A fashion design is subject to 
        protection under this chapter.''; and
            (2) in subsection (b)--
                    (A) in paragraph (2), by inserting ``or an article 
                of apparel,'' after ``plug or mold,''; and
                    (B) by adding at the end the following:
            ``(7) A `fashion design' is the appearance as a whole of an 
        article of apparel, including its ornamentation.
            ``(8) The term `design' includes fashion design, except to 
        the extent expressly limited to the design of a vessel.
            ``(9) The term `apparel' means--
                    ``(A) an article of men's, women's, or children's 
                clothing, including undergarments, outerwear, gloves, 
                footwear, and headgear;
                    ``(B) handbags, purses, and tote bags;
                    ``(C) belts; and
                    ``(D) eyeglass frames.''.
    (b) Designs Not Subject to Protection.--Section 1302 of title 17, 
United States Code, is amended in paragraph (5)--
            (1) by striking ``(5)'' and inserting ``(5)(A) in the case 
        of a design of a vessel hull,'';
            (2) by striking the period and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(B) in the case of a fashion design, embodied in a useful 
        article that was made public by the designer or owner in the 
        United States or a foreign country more than 3 months before 
        the date of the application for registration under this 
        chapter.''.
    (c) Term of Protection.--Section 1305(a) of title 17, United States 
Code, is amended to read as follows:
    ``(a) In General.--Subject to subsection (b), the protection 
provided under this chapter--
            ``(1) for a design of a vessel hull shall continue for a 
        term of 10 years beginning on the date of the commencement of 
        protection under section 1304; and
            ``(2) for a fashion design shall continue for a term of 3 
        years beginning on the date of the commencement of protection 
        under section 1304.''.
    (d) Infringement.--Section 1309 of title 17, United States Code, is 
amended--
            (1) in subsection (c), by striking ``that a design was 
        protected'' and inserting ``or reasonable grounds to know that 
        protection for the design is claimed'';
            (2) in subsection (e)--
                    (A) in the first sentence, by inserting ``or from 
                an image thereof,'' after ``copied from a design 
                protected under this chapter,'';
                    (B) in the third sentence, by striking ``A design'' 
                and inserting ``In the case of a design of a vessel 
                hull, a design''; and
                    (C) by adding after the third sentence the 
                following: ``In the case of a fashion design, a design 
                shall not be deemed to have been copied from a 
                protected design if it is original and not closely and 
                substantially similar in overall visual appearance to a 
                protected design.''; and
            (3) by adding at the end the following:
    ``(h) Secondary Liability.--The doctrines of secondary infringement 
and secondary liability that are applied in actions under chapter 5 of 
this title apply to the same extent to actions under this chapter. Any 
person who is liable under either such doctrine under this chapter is 
subject to all the remedies provided under this chapter, including 
those attributable to any underlying or resulting infringement.''.
    (e) Application for Registration.--Section 1310 of title 17, United 
States Code, is amended--
            (1) in subsection (a), by striking the first sentence and 
        inserting the following:
            ``(1) Vessel hull design.--In the case of a design of a 
        vessel hull, protection under this chapter shall be lost if 
        application for registration of the design is not made within 2 
        years after the date on which the design is first made public.
            ``(2) Fashion design.--In the case of a fashion design, 
        protection under this chapter shall be lost if application for 
        registration of the design is not made within 3 months after 
        the date on which the design is first made public.''; and
            (2) in subsection (b), by striking ``for sale'' and 
        inserting ``for individual or public sale''.
    (f) Examination of Application and Issue or Refusal of 
Registration.--Section 1313(a) of title 17, United States Code, is 
amended by striking ``subject to protection under this chapter'' and 
inserting ``within the subject matter protected under this chapter''.
    (g) Recovery for Infringement.--Section 1323(a) of title 17, United 
States Code, is amended by striking ``$50,000 or $1 per copy'' and 
inserting ``$250,000 or $5 per copy''.
    (h) Other Rights Not Affected.--Section 1330 of title 17, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(3) any rights that may exist under provisions of this 
        title other than this chapter.''.
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