Do you think I need a copyright?

Definitely...or else you may see your design with someone elses name on it. Good luck with your venture!!

Thanks Kristie! Anyone else with an idea on what type of lawyer? Are they called copyright lawyers? Sorry for my ignorance! I appreciate the help...

PamO: There are relatively few lawyers who do only copyright work. Most lawyers who do this kind of work call themselves "intellectual property" lawyers, and they also handle patent and trademark cases. I imagine that very few lawyers have ever handled a jewelry design copyright case, but maybe if there are any jewelry trade journals you could look in the classified ads to see if any lawyers advertise their expertise in this field. Otherwise, contact your local bar association (here's the Houston Bar Association website) and ask them to provide you with the names of some intellectual property lawerys or law firms.

Thank you so much. I will do just that. Thank you again, joefromchicago.

I know about copyrights in the field of software-- so my informed layman's understanding of copyrights is centered on computer programs.

But, I doubt if a jewelry design can be copyrighted.

Copyrights protect a "specific expression of an idea". In software, this means that the exact program is protected (that is the words I used) but the "idea" is not protected. Someone could make a program that looks and works like mine, and if the code wasn't copied word for word, there isn't much I can do about it.

There is no way to protect an idea using a copyright. You could try for a patent, but this requires proof that it is unique as well as time and expense and trouble.

For this reason, in the field of software, we often get "non-disclosure" agreements (NDAs) in situations like this... when we have a great idea and we want other folks to work on it, but we want to ensure they won't steal the idea. NDA are quite common when you are trying to start a new business.

You should certainly discuss this with a lawyer.

When I was looking into starting a business, I spoke to a small business lawyer that was paid for by the SBA. They were fully capable to answer this type of question. You probably want to look at other issues like tradmarks etc.

I would ask your outsourcers to sign a NDA (or non-compete contract) before I gave them any secrets.

I was undert the impression that works of art are automatically copyrighted. Just like writing. is that not the case?

I think it only needs copywriting if it's going to be mass produced. That's just a guess.

Try this link. It might have some information you can use. Good luck. http://www.ganoksin.com/orchid/archive/199912/msg00123.htm

Thanks for the link, cicerone imposter. My husband is a geologist and we are going to the big Tuscon Gem and Mineral show (Feb.05) that is heavily advertised on that site.

scoates, I would like to mass produce these pieces...so I do think a copyright is in order. Thanks for chiming in!

I know that I can reasearch this myself and I will...I always use A2K as a resource first, because everyone is so knowledgeable/helpful and full of ideas.

Oh and thanks as well to ebrown_p!

ebrown_p: Jewelry designs can be copyrighted. In fact, one of the cases that is probably in every copyright law textbook is a case involving just that question (I wish I could remember it -- if I find it on the web I'll post a link).

In general, any artistic work that can be fixed in a medium is copyrightable, whereas utilitarian objects cannot be copyrighted. The question in many cases, then, is whether the object is primarily artistic or primarily utilitarian. Jewelry, I think, is a fairly easy case: although there is a utilitarian purpose for jewelry (decoration), it is primarily an artistic expression. Thus, jewelry designs can be copyrighted.

SCoates: You are correct: works of art are automatically copyrighted under the Berne Convention. Registration of the copyright, however, provides additional -- and extremely valuable -- protections for the copyright holder.

Joe, I am always curious about this stuff.

What do you copyright with jewelry?

If I make a silver ring that has 4 rubies in a square, and someone else has a silver ring that has 4 rubies in a rectangle, is this violating my copyright...

It seems that there would be a lot of gray area.

I know that since I wrote "George Bush is a dumb as a rotten tomato on the third of July" this unique combination of words is now owned by me.

As I understand it I don't have any claim to the idea Bush is dumb, or even to comparing Bush to a tomato.

It seems to me that claiming damages for a similar jewelry design would be awfully hard to prove, unless it were a clear egregious and exact copy.

I guess that's what they have law school for...

Based on my knowledge of the lack of protection for ideas in software, I still think a NDA is a great idea.

The artistic work that is embodied in the jewelry itself. For instance, if I designed a ring, I could not copyright the ring's circular form, since that is purely utilitarian. For the same reason, I couldn't copyright the post on an earring. But I could copyright the design of the ring or the earring.


A lot would depend upon the uniqueness of the design. I couldn't copyright the pattern of four stones in a square, because I'm certain that particular design is already in the public domain.


A simple phrase like that can't be copyrighted. Your best bet would be to trademark it.


I'm sure those sentiments are also in the public domain :wink:


I'm no expert on jewelry, but I imagine that the designer aims for uniqueness of expression. I don't know the extent to which such uniqueness is attainable.


Well, that's one of the reasons.


A non-disclosure agreement is only practical when one is dealing with trade secrets. Since jewelry is expressly designed to be displayed in public, however, a non-disclosure agreement really doesn't offer very much protection for the designer.