The Innovative Design Protection & Piracy Prevention Act of 2011 (“IDPPPA”) crafts a sui generis form of copyright protection for fashion designs. The IDPPPA is not a revolutionary attempt for the U.S. Congress; it is instead a reflection of the fashion industry’s unique history, the fashion industry’s unique economics, decades of heated academic debate, scores of previous legislative drafts, and hours of testimony during Congressional hearings. This Note argues that copyright protection should be extended to fashion designs, and that a viable extension of such protection is possible through the IDPPPA with two modifications.
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