Is jewelry design intellectual property?

[Perry]

I want this necklace. But I don't want to spend $350 on it when I can make it myself for a fraction of that. I enjoy making jewelry but I'm not good at design, so I use others' ideas as a jumping off point. I haven't ever copied something exactly. I bought some similar beads but started to feel guilty that I was stealing someone's intellectual property.

 

Obviously, designers are copying someone else's ideas to a degree all the time, but I'm not sure where the line is crossed.

 

Is it illegal to make a similar necklace myself? Or just tacky?

[Blessedfamily]

I know for a fact that fashion design is not copyrighted or protected by law in the US. Anyone can copy your design legally (hence knock-offs). I would imagine jewelry would be the same.

 

(Europe does have law to protect fashion designs.)

[lmrich]

imitation is the most sincere form of flattery

[Blessedfamily]

Oh dear. I just found this answer (from a lawyer )to your question.

 

 

"Unlike fashion designs, jewelry designs may be copyrighted under current law. (Those who are interested in the protectibility of fashion designs may wish to follow the status of the Design Piracy Prohibition Act which is currently pending before the United States Senate as Senate Bill 1957.) "

 

 

(The bill for fashion design she referenced is apparently dead.)

Edited May 1, 2010 by Blessedfamily
additional info

[Perry]

Oh dear. I just found this answer (from a lawyer )to your question.

 

 

"Unlike fashion designs, jewelry designs may be copyrighted under current law. (Those who are interested in the protectibility of fashion designs may wish to follow the status of the Design Piracy Prohibition Act which is currently pending before the United States Senate as Senate Bill 1957.) "

I'd think if it was copyrighted it would say so on the product information page, and I don't see it there. Maybe it's okay to copy it for personal use, as long as I don't sell it....

[Blessedfamily]

You're absolutely correct in saying designers are inspired by each other all the time: Not just fashion design, but music, writing, and other forms of art.

 

I stumbled on a blog for people who like to design jewelry, and copyright infringement seems to be a hot topic. Most seem to think it's wrong when you're trying to make a profit, as you say.

[mommaduck]

The difference here is also that it is for yourself; you aren't selling it ;)

[Harriet Vane]

The difference here is also that it is for yourself; you aren't selling it ;)

 

:iagree:

[Orthodox6]

Without reading other responses, I want to post my gut-reflex that yes, jewelry design is "intellectual property." Jewelry is an art form, just as are sculpture and painting.

 

(Now I'll see what others have said !)

[TXMomof4]

I would venture that if it is for your own personal use it's not an issue.

I would guess that when I 'copy' something I'm sewing for my girls, it isn't an issue. If I opened a shop and tried to sell copies of something I could get in trouble.

 

Also, if the designer has it copyrighted, it should be stated. Just because it's possible doesn't mean it is, kwim?

[mommaduck]

I would venture that if it is for your own personal use it's not an issue.

I would guess that when I 'copy' something I'm sewing for my girls, it isn't an issue. If I opened a shop and tried to sell copies of something I could get in trouble.

 

Also, if the designer has it copyrighted, it should be stated. Just because it's possible doesn't mean it is, kwim?

Precisely. I'm a seamstress that has a huge love for various fiber arts. You will find plenty of conversation on just this topics at various crafting and WAHM boards. When another crafter/artist posts their pattern for free, it usually comes with the stipulation of for self or gifting, but not for use of sale (you will also find this on the back of patterns from Simplicity, McCall's, etc). You rarely can copy something exactly, but the fact that you want to is a form of flattery. Certain ideas may be copyable as long as you change other aspects and as long as the idea itself is not copyrighted (if you are considering for sale and as long as you aren't claiming to be the originator of the idea).

 

In this case, it is personal use...you would merely be flattering the artist of whom you would not be a purchaser from either way and you are not putting yourself into direct competition with her. I say go for it.