Can you reasonably prove it was you that created and sold that
original to them? Not just "something" but THAT thing? Or is it an
I said/he said contest? The copier sells the
I’ve been on this thread a lot, not because I’m an expert on the
topic, but literally because I’m NOT an expert on the topic. Is
James’ “muddy” posting how you want to spend your life? Are you
going to scour every show and showcase to see if somebody copied your
precious design (that’s likely not as original as you think it is)?
And if they do, what are you going to do then? Pout? All of this is
again recognizing that someone could take your actual design and go
big-time with it, and THEN you might have recourse. IMO, for all of
us Podunk jewelers just making a living, we are better off being
generous in spirit, and just get over it. Yes, it bothers me that
someone might take my design and make some money on it - no, I’m not
outraged and emotional and litigious about it, on a small scale. You
all didn’t buy Lark’s “1000 Rings” because you are retail shoppers
for rings, now did you?
On another note, in the mock trial I mentioned, we had several things
to decide. One of those things was that one aspect wasn’t patentable
to begin with, and was inappropriately granted to begin with. That’s
patent, not copyright, yes, but as James says - those are some fuzzy
lines out there.
The “inventor of wire rope jewelry” and a few others, have had more
than a simple design to make themselves rich. They have taken big
risks and invested countless dollars in building out their designs
into ready to sell product, more money in marketing and untold cash
in advertising. They have taken all of the risks of bringing
products to market and building an image of themselves around those
products. I am sure that there are a few of these individuals on this
list server. Good for them. They are great business people. They have
not just come up with a couple of design “ideas”, but have created an
environment that justly compensates them.
Due to health reasons, I have taken a sabbatical that may in fact
result in my permanent retirement. I do have about thirty eight years
of full time bench experience behind me and think that there is
plenty of room here for some honest discussion of what in fact
happens in your average as well as higher end trade shops in regard
to custom order work.
Both as an employee and a contractor, I have been asked to build out
product, usually with the client’s stone/stones based on anything
from a “stick drawing” to an artists rendering to a print photo. I
can’t remember a design that I turned down nor a design that a boss
turned down out of fear of copyright infringement. The “stick
drawings” and artist renderings may or may not have originated in the
"designer’s" mind. I doubt very many of them were in fact original
ideas. For sure, I have done work for designers that produced
original work, but for the most part, designs have been just based on
each other. Certainly, designs that I executed based on print media
had little to do with the “creative genius” of my clients or bosses.
None of these ideas, however, ever went into a scale of production
beyond a “one off”. There was little if any cost savings, for the end
client, as these custom orders did not allow much in the way of cost
savings through mass production. Obviously, there was no mass
production. My or my boss’s liability in such cases would likely not
go beyond damages caused by that single copy, perhaps we were liable
for treble damages on a single copy. That’s pretty hard to justify
hiring an attorney for. Perhaps the DMCA allows for greater
liability.
I think that I am just trying to open the previous thread to
open/honest discussion. Anyone have anything to add?
Bruce Holmgrain
JACMBJ
Hi Bruce,
First, I’m very sorry to hear of your health issues and I hope you
get well…I’m sending you good vibes.
My feelings line up with yours on this issue. I have spent my
working life making custom rings for people from their sketch of a
ring they saw or my sketch of a design they had seen or a photo of a
piece they brought in. Today, with the internet, people just send me
the link to see the ring they want made. We always just make one for
the client, it’s always slightly different and they almost always
cost more than the original would have cost. The client pays more
because they want us to make it because they know us and trust us,
and they feel the quality will be better. I have never lost any sleep
over this, we are not producing a line that copies another, just a
single piece to the clients specifications. This is the kind of work
that makes the jewelry world go round, at least a good part of the
jewelry world. I have always done custom work for retail jewelers,
and this is what they want to pay you to do. You can choose not to do
it, but if you like to eat you might regret that choice. Most of the
work for retailers is making custom wedding bands, because thankfully
the manufacturers can’t seem to make nice matching bands that fit the
engagement rings properly. But a big part of it is making something
for someone that is like a piece they have seen somewhere else. I
will give the client 4 sketches, one of the original idea and 3
others that are variations of that idea. If they pick the original
one, the one that’s like something they saw somewhere else…then
that’s the one I make for them.
Mark