“Originality v. Piracy: A Designer’s Perspective”

by Andraé Gonzalo

September 30, 2010

Originality v. Piracy A Designers Perspective

The 10 Worst Things About the New Design Piracy Bill

This article by Andrae Gonzalo (most recognized from the show Project Runway) is about Senate Bill 3728. This bill is said to “protect those designs which are so original  as to approach art rather than utilitarian fashion and to do so in a way that limits any collateral costs such as frivolous litigation”. Basicaly as Andrae puts it the bill would make it, “illegal to plagiarize the work of another designer until three years after the date that they made their designs public.” Andrae’s take on the bill is positive, saying that plagiarism should not be allowed in the fashion industry. He also says that because the bill only makes it illegal to not copy work from the last three years that someone should be creative enough to find inspiration from all of history before that.

I agree with Andrae to a certain extent; yes it is wrong to steal other’s work but who is to determine who thought of what first? Like Tom Ford was saying in his interview, the hints to what is going to be big next in fashion are all around us and many pick up on these clues at once, which is why designers tend to have similar ideas at similar times. It would be much too difficult to decide who owned what, especially because this bill does not require the designer to submit a formal copy write. I believe that overt plagiarism should not be o.k. but the lines of “who thought of what” are too blurry to slap a bill on the issue.