The best part of the Oscars is the fashion. While there were definitely some misses last night, and some boring entries, my favorite look was Sandra Bullock's metallic Marchesa gown. And for the record, she is one of my favorite actress ~ I am SO glad she won (Best Actress for The Blind Side in case you turned if off after the red carpet)!
This time, Schumer is being aided by Jeannie Suk, Harvard Law professor and co-author of Standford Law Review article, "The Law, Culture and Economics of Fashion," in which a new fashion copyright infringement standard is proposed. (because substantial similarity wasn't difficult enough for judges or Nimmer, see section 13.03).
Suk, and her co-author C. Scott Hemphill, propose that fashion designs will be "infringing" i.e. an illegal knock-off if they are a "close copy" or are not "substantially dissimilar."
WHAT DOES THAT MEAN?! And how in the world will judges figure that one out? Is a "style guide" included in the Act?
As a practicing fashion lawyer, litigator, former COO of apparel companies and the fourth generation of my family to work in fashion, law professors and politicians with no hands-on fashion industry experience should not be allowed to "fix" something that they have no practical knowledge of.
This proposed legislation will do nothing but hurt the $350 billion dollar United States Fashion Industry. Doesn't Schumer know the rule, "three strikes, and you are out?"
Stay tune for more on why the DPPA is a VERY BAD IDEA and will only harm the fashion industry.
Photo Credit: Fashionista.com