Copyrights and jewelry designs

1. 57

   wjdinesposted 14 years ago

   I have come across a few crafters in the online store like Etsy and Artfire that seem to think it is ok to take a pattern for a book or even from another crafters sites.  Any ideas on how to enforce copyrights on new designs?

   replyreport
   1. 73

      livewithrichardposted 14 years agoin reply to this

      Recreating a design or following a published pattern is not a copyright offense.  Do some research on derivatives.

      replyreport
      1. 57

         wjdinesposted 14 years agoin reply to this

         Most book of patterns state that you may use the pattern to make yourself or your friends a copy but that you are not licensed to recreate for sell. So when I asked it was about those that are selling these copies.  If I create a new design and 3-5 days later I start see copies that is infringing on any copyright I might have and in this case I would mean a copy of an item not something that had been changed more then 50%

         replyreport
2. 72

   Enelle Lambposted 14 years ago

   I don't think there are copyrights on jewellery - take wire wrapping for example, unless you have a very creative pattern that can't be copied, everyone who makes wire wrapped jewellery is going to try and make your pattern if it is impressive. I have many people wanting to copy my work, but because it is mostly free form, there aren't patterns

   replyreport
3. 60

   Hestia DeVotoposted 14 years ago

   Talk to a lawyer who handles jewelry copyrights.  Or do a search for websites that specifically discuss the subject.  That's where you will find more expert info and advice.
   
   This is one of those instances where if you haven't filed official copyright paperwork it's going to be much harder to defend, more than something like writing.

   replyreport
4. 64

   lakeerieartistsposted 14 years ago

   All you have to do is change a design a tiny bit, and it is no longer the same design, and therefore, even if it is copyrighted, it is not the same.

   replyreport
5. 61

   beadydaniposted 13 years ago

   I don't believe any jewellery should be copied. Someone mentioned wire wrapping, that is a technique which is incorporated into a design. Copying another Artist's design is cheating and pure laziness.
   
   Jewellery making like most hobbies is about using your creativity and imagination. It is ok to be inspired by a design but you don't have to copy someone else's design and then try to sell as yours. I mean a lot of thought and effort has gone into creating the design.
   
   Copyright is wrong and I believe there are going to be laws in place soon - based on info I got from another forum. Design your own and be proud of it.

   replyreport
   1. 60

      anitaberglundposted 13 years agoin reply to this

      I have been a visual artist for over thirty years and the past three years have been learning a whole new craft, designing, creating and selling jewellery online at www.abergiecreation.etsy.com and must say that copyright laws are very strict in all areas regarding creativity, I suppose the only way to "police" it is, to make sure you say it is protected, and if someone breaches your copyright, then you would have to be willing to spend the funds and take legal action??
      
      Technically in Canada, it is illegal to even sing a song you heard on the radio, without paying the CCLI fee. But people sing all the time.
      
      Art work, including my own paintings are automatically copyrighted without having to do anything to say so, they just are. My jewellery designs, well I could consider them copyrighted too, but since there are thousands of pieces of jewellery, it is a difficult call. Like another person said, if one little part or bead on the design is different then it is not your "true" design. The same goes with photographs and other visual art, as long as the "copier" deviates enough from the original work, then they are safe from breaching copyright.
      
      From my experience and from the study of art history, basically, all art, crafts, jewellery, architecture, interior design, photography and such, are always inspired by someone else's work. It is safe to say that not one artist, including myself, created something without the inspiration from another artist. I always teach kids about copyright, but also encourage disgruntled children when a sibling copies their drawing, to consider it a compliment because it means they like what you did. Of course, then help encourage that child to then work on their own design.
      
      I am not an expert, and do recommend seeking legal assistance if it is a big concern.

      replyreport