Is this jewelry design infringing?

[richard_hart4]

Has anyone made a ring like this, do you have a picture of one, please!
Need to find out if it is a copyright infringement to make one.
Someone is claiming infringement, an application has apparently been filed, not approved, and the person who filed is being manipulative, not using a lawyer, not filing in court, filed copyright infringement on Etsy against a friend who has been on Orchid over the years, Laura Ann Brito.

[seth-ganoksin-admin]

@richard_hart4 this is a new topic, unrelated to makers mark sizes. I've moved it to a new thread.

Separately, just my .02, I do not recommend discussing specific pending legal matters on a public online forum. I'd suggest anyone with insights contact you via private message here on Orchid.

[jonhorton30]

i would be surprised someone could claim copyright on such a basic design. i was making similar rings many years ago.

[gerrylewy18]

"Even a very slight deviation from the original design, can prevent
copyright infringement!" At least, this is what I was told.

Gerry Lewy

www.gemsettingtutor.com http://www.gemsettingtutor.com

[DonMeixner]

My brother and I have several bracelet designs that we view as legacy pieces e inherited from our Dad. Since we both started at different times in our own shops we had different agreements with Dad as to what we would produce. Dad encouraged and gently insisted we develop our own designs and we pretty much have.

I am not convinced there is much in the way of truly original work in the world. And I am not convinced I am the only person to ever make Dragons, spiders, and reticulated earrings so I would never tell some one Hey that was my idea.

Mark Twain said History doesn't repeat but it does rhyme. In craft jewelry we have to accept that as a reality too.

Just my thought and .02.

Don Meixner

[vladimirfrater]

Ted Here in the UK.
I was making this type of design some 30 yrs ago out of titanium wire the 2 ends were wound in a circle to look like the soldered on disks in the picture above.. Nothing soldered. nor added. I have a picture of it somewhere.
Dont waste your time copying this beginners design, do something more interesting.
Prior art is clearly there. What was stuck on the disks? plastic half round beads!!!
It shows how stupid some people are. A real crap product unworthy of this forum..

[mpandfamily]

I agree with what's been said. It really bugs me when people try to copyright natural forms. Things that nearly any maker would come up with if left alone without any outside influence.

That said, I have a close friend who sells a ton of her work on Etsy and that place is just out of control. People not only knock off her designs but actually steal and use her actual photograph from her Esty store. They don't even bother to make it and then photograph it themselves. You can't really stop it because the people operating Etsy are no longer working to promote handmade objects as much as working to increase the share price. It was a great idea that has gone sour. It's all about the money.

Speaking of money, another issue is that people are selling things that will take a talented person at least 2 hours to make for $12 or less. It's become ridiculous.
Mark

[royjohn]

I agree with the other comments in this thread that indicate that it's such a simple design it isn't likely that a copyright is possible. However, why fight about something silly such as this with someone who is obviously possessive, mean spirited and possibly not too bright. Just modify the design some and move on...I don't think the three circular cabs are particularly creative and appealing anyway...or change to square wire, etc.

[Cameron]

Lol I agree with Mr. Frater.

[Antiquitiez]

This ring looks Five and Dime, what is the problem? Is this a joke. You've waisted my time. The subject is interesting, but I would expect more of Ganoksin, that's it. Lyn Maloney

[mpandfamily]

Yikes! This sort of harsh criticism is a good way to keep people from showing us their work or participating on the forum at all.

[JimGrahlDesign]

I understand that the previous incarnation suffered from comments and criticisms that were not constructive or were mean spirited.
I request that if one is responding to a post, especially from someone who has a concern, that the opinions shared are of the nature that moves things forward.
No one is forcing another to read a post, much less waste their time.
Each response shares an opinion reflecting a the concern of the individual who created this post.
I can respect that, but, if these forums, which are presently moderator free, devolve into demeaning comments, it will beg moderation.
Respectfully,
Jim Grahl

[gerrylewy18]

that kind of description of fine jewellery, is not what Orchid is all
about!!! Those people who describe jewellery in that tone & manner, will
not get any help from the rest of the membership when asked, trust me! I
suggest tone it down an octave! Gerry!..;>(

Gerry Lewy

www.gemsettingtutor.com http://www.gemsettingtutor.com

[Betty2]

@gerrylewy1836

Gerry, is that your World Record chip in your avatar?

edited to add:

I looked it up, and here is some info. for those of you who don't know: http://www.jewellerybusiness.com/features/toronto-gem-setter-sets-world-record/

[Leanne1]

I'm new to metalsmithing, taking classes and reading all and everything I can find. Stumbled upon this site and joined immediately. I'm a lurker but look forward to my daily email so I can read solutions to problems. It only shows me how little I know and how big the learning curve. I'm curious, seems the comments above refer to this site being fine jewelry only and looking at your profiles it does seem to be the case; however from some of the comments it seems people like me to not belong here and if I dared to ask a question or post a picture I would be discredited for my lack of knowledge. Maybe I'm being passively aggressive but this didn't set well with me and I doubt you will hear from me in the future but I'll still be lurking in the shadows. Leanne

[rockdewd]

Leanne,

Please don't take the recent flap as the norm. Orchid has a plethora of expertise from beginner to known masters. Orchid is a resource for any level and no one should hesitate to ask a question or post an observation regardless of their skill level.

Rick Copeland
Rocky Mountain Wonders

[JimGrahlDesign]

Leanne11h
I'm new to metalsmithing, taking classes and reading all and everything I can find. Stumbled upon this site and joined immediately. I'm a lurker but look forward to my daily email so I can read solutions to problems. It only shows me how little I know and how big the learning curve. I'm curious, seems the comments above refer to this site being fine jewelry only and looking at your profiles it does seem to be the case; however from some of the comments it seems people like me to not belong here and if I dared to ask a question or post a picture I would be discredited for my lack of knowledge. Maybe I'm being passively aggressive but this didn't set well with me and I doubt you will hear from me in the future but I'll still be lurking in the shadows. Leanne

Thank you for posting this Leanne.
Please go through all the recent posts on each topic (or at least scan) I don't think you will find anything but encouragement for folks with any level of skill. This site was (and is) designed to create a space to share, encourage and explore. There are enough articles here to get a doctorate if all were read (about 50,000, not all up yet).
I have been in the jewelry world for 53 years now, and, I learn something new from this site every day. I am distressed that this thread created negative commentary, but offer that it is not reflective of my experience of Ganoksin (revised).
Please join us openly, share your work at whatever stage development it's in, same with sharing your self and your passion with creating jewelry.
I appreciate your comments and understand the concerns you've voiced.
I think it's useful and constructive criticism.
Thanks,
Jim

[Betty2]

Welcome @Leanne1

Even though the New Moon makes it too dark to see the nocturnal creatures, you can still hear them quibbling. Just wear earplugs if you can't ignore it.

[Betty2]

@JimGrahlDesign

You should be our silver-tongued moderator.

[JimGrahlDesign]

Hi Betty,
I don't like BS.....
However, I firmly live my life based on creating my world through my speaking, therefor thinking. It's not that I don't have thoughts that can be slimy, or diminishing to others or, especially, toward myself. But I have learned that pretty much anything can be said in a way that is a contribution. I see that ability in all but today's thoughts shared in the previous posts. I may verbalize , or write with a certain intention, and, I see that with all of the current contributors to Ganoksin. Really,, the contribution to the art and craft of expressing creativity through the medium of jewelry.
That is the object, jewelry, and behind the object is the human being, and for better or worse, here we are... and we have a choice, to empower, ignore, or diminish the ones around us.
I stand behind the possibility that Ganoksin is for us, and , ultimately the whole jewelry community, pro and hobbiest alike. The buyers of our work research deeply, we will be discovered. What will they find? People passionate about an evolving art form, and willing to share pertinent information and growth...
Or bickering....
It's our choice, I prefer the former.
Thanks for your support.
Jim