The designer selling renderings to a manufacturer is in a different situation. In that case, the design is being sold, not a single example. The clear intent of both parties would be for the manufacturer to produce and sell the products, and the copyright would be sold along with the rendering.
Although there’s nothing on this thread this morning, I still want
to wrap it up - you’ll see. A jewelry design in the industry is the
same thing as a patent, just different words in different
industries. You can try to call something a “fee”, but the courts
(and I) look at the flow of capital, and disregard labels.
I mentioned that I’d referred something to Andrew - that referral
could be called “design work”, but it’s actual glorified data entry.
I had some dealings with CNC lately that was essentially the same -
inputting a sketch from the customer. Not truly original work. In
cases like that, it is certainly reasonable to expect to be paid.
But the topic of this thread is someone making a new line in
collaboration with a store, which is business to business, and
original work. And then a few people piped up and said, “You should
charge her for the designs”. Or the “design work”, which is the same
thing. In my mind, and I believe any court would agree, when you say
such a thing you have made an agreement to sell your designs to the
store. That is, unless you somehow think they’re going to support
you while you do your own job in your own business.
…Mommy… I don’t see that, “give me money for the designs”
is difficult to understand. You are selling the farm, and by your
own initiative, to boot.
But whether I am right or wrong is beside the point. The real point
is that I don’t buy it, and this whole discussion that has ensued
stems from that. If you just make your designs and sell the product
of the designs, as I said long ago, it is clean business, there are
no arguments or disputes, and everybody’s happy. This whole
discussion of, “Well, I bought the designs - no you didn’t, you
bought my labor but not the designs, well how does that work
exactly, did you think I was a charity?” is completely unneccessary
if you just work in the “normal” way. You come up with a design, you
produce it, and you sell it. Prorate the design work into the final
product, just like everybody else on the planet. That’s the model
that has served the world just fine for many centuries.