Thank you Richard. Do you remember when, back in the summer of 2006
this came up, and Daniel Spirer said this about Copyright
Infringement:
Then there's the issue of original designs. I've been a jeweler
for over 35 years, and during that time I can honestly say that I
have only see about 12 "original" designs created during that
period. I mean something that is truly unique to an individual
designer who went in a completely new direction. Everything else
is built on old work. To some extent this is unavoidable. There
are limitations to what someone can physically wear on their
fingers. There are limitations to how many things you can do with
a circle. There is always going to be some overlapping and there
is also more than 2000 years of jewelry work and designs that
have already been done before you make up that "new" design. Can
two people make up the same design independently of each other.
Absolutely. It happens all the time. Look at the current
"fashion" of circle pins. How creative can you possibly be with a
circle in a pin? Sure you can set some stones in it. You can add
some pearls. You can put on some squiggles. But you know
something it's still a circle pin. If David Yurman makes it he'll
do it out of twisted wire (something the Celts did more than 1000
years ago), but it's still just a circle. The difference is that
Yurman has huge pockets and a team of lawyers working for him
and he can sue the pants off of you if he chooses to (that, mind
you, is for copying a design he copied from people who are
already dead). But if all the "designers" decide circle pins are
hot and they are going to make them up do you really think there
isn't going to be some overlap?
Then there's the issue of derivative work. When I was very young
I did craft shows and there was a jeweler's work that I admired.
One of his "techniques" was to cut out a piece of silver in the
middle of a piece of sheet for a ring and solder a different
colored metal behind the cut out and repousse it from behind so
it puffed out. Neat idea. As I found out later not entirely
original (it had been done before although I don't know whether
he had seen it or not). But I was into making repousse/chased
faces. And I realized that you could do the same thing he was
doing only do a face in it instead of just a lumpy piece of
metal. So for a few years I made rings with repousse faces
sticking up through them. Was that stealing his design? He never
put anything like a face (or any other realistic design) on his
they were just somewhat lumpy looking. Over time I went in
different directions (although I still use faces) and they aren't
in my repertoire anymore. But the reality is that when you go
back in time far enough you see similar rings with faces. I
hadn't seen them at the time. So was my idea original because I
hadn't seen it before? Was it original if I borrowed a technique?
Frankly, I don't care as I agree with the comments that claim
most work is derivative in some way.
For those of you who think you have an absolutely, never before
done, completely original jewelry design, I first would urge you
to research thoroughly the entire history of jewelry and see if
anything like it has been done before. Then let me know and I'll
add you to my incredibly short list of designers who have
actually come up with "original" designs.