Recently, a controversy arose in my jewelers’ guild. I’d be
curious to hear people’s opinions on it. The arguing started when I
suggested the following additions to our guidelines. I THOUGHT the
topic was a no-brainer. Boy, was I wrong!
“The reproduction of designs copyrighted by others is illegal and
prohibited. The reproduction on non-copyrighted designs by others,
while not illegal, is discouraged.”
A big chunk of our group doesn’t actually object to the
reproduction of copyrighted work, but I can argue that one on the
basis of it being illegal. There are enough places to legally
acquire line drawings for reproduction, clip-art books being one of
the best.
The big fight is over the ripping off of designs by other
contemporary jewelry designers. In my opinion, it’s unethical for
me to read Lapidary Journal, see a photo of a piece by someone like
Michael Boyd, make a piece enough like it that it can be confused
for his work, and offer it for sale as my design. It’s not good
ethics, art, or business.
To justify the design stealing, guild members are using a quote
from Charles Lewton-Brain’s article, “Some Thoughts on Modes of
Working”, in which he discusses various types of jewelry design
styles and systems. The passage they are using is noted. Charles
wrote:
“FORMAL The composition consists of fixed or regular elements
organized according to traditional or non-traditional design rules:
strict design. Often the elements are simple in form, sometimes
geometric. The organization is based upon rhythms, visual balance
and mass, texture, color and form relationships. <<While the work
may make references to other works, it is in a formal manner and is
essentially self-sufficient;>> able to stand by itself without
knowledge of context or reference. One needs little or no further
to understand it…”
I read this to mean that when I design a pendant with natural
lines and flowing curves, it makes reference to Art Nouveau design,
but is not a reproduction of Art Nouveau, nor need the viewer have
any knowledge of Art Nouveau to appreciate my design. It doesn’t
say to me that I may copy a design of my contemporaries with
impunity.
I’d like to hear what my fellow jewelry designers have to say on
this topic. Charles, obviously, I’m especially interested in your
thoughts here.
Thanks,
Karen Hemmerle
Boulder, CO