Design Protection Act of 1980
Latest action. Referred to House Committee on the Judiciary.
Design Protection Act of 1980 - Amends the Copyright Act to provide for the protection of original ornamental designs of useful articles, except designs that are: (1) not original; (2) staple or commonplace; (3) determined solely by a utilitarian function; or (4) composed of three-dimensional features of shape and surface in wearing apparel. Stipulates that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adoption, or rearrangement of such subject matter. Sets the term of protection at five years, which may be renewed for an additional five years upon proper application. Requires the design to be marked with a design notice when it is made public. Stipulates that omission of such notice shall not cause loss of protection or prevent recovery for infringement against any person who receives written notice of the protection. Specifies the criteria for determination of infringement of a protected design. Provides that protection of a design shall be lost if application for registration is not made within six months after the date on which the design is first made public. Provides procedures for application for the protection of a design. Specifies the ownership and transfer rights of designs subject to protection. Provides remedies for infringement of a registered design, including injunctive relief and damages. Allows judicial review of a final refusal of the Administrator of the Copyright Office to register a design. Prescribes penalties for fraudulent registration, false marking, and false representation of any design. Provides that this Act shall take effect one year after the date of enactment. Stipulates that no design made public prior to the effective date shall be protected. Provides protection of a pictorial, graphic, or sculptural work for which copyright subsists if such work is utilized in an original ornamental design of a useful article.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on June 19, 1979. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on June 19, 1979: Referred to House Committee on the Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
TOM RAILSBACK (R-IL) introduced it on June 19, 1979. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on June 19, 1979, 17250 days ago. The most recent recorded action was 17250 days ago, on June 19, 1979.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers