The IDPPPA (H.R. 2511), a bill pending in the House of Representatives, is a proposed amendment to the Copyright Act that provides for a three-year term of protection for original elements or arrangements of fashion designs that are the result of a designer’s “own creative endeavor” and that “provide a unique, distinguishable, non-trivial and non-utilitarian variation over prior designs.” The IDPPPA has been lauded by numerous icons in the fashion industry, including the American Apparel and Footwear Association (AAFA) and the Council for Fashion Designers America (CFDA). However, the IDPPPA also carries significant opposition; the primary argument against the bill is that it would increase production costs in the fashion industry and, more than likely, consumers will bear this burden in the form of higher prices. The bill has been referred to the House Subcommittee on Intellectual Property, Competition and the Internet.

Recently, on September 10, 2012, a companion bill, the IDPA (S. 3523) was introduced into the Senate by Senator Charles Schumer (D-NY). The IDPA reported favorably out of the Senate Judiciary Committee on September 20 and now awaits action by the full Senate. There are some key differences between the recently introduced IDPA and the IDPPPA, namely...

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