Back to Ganoksin | FAQ | Contact

Models for medical jewelry


#1

Hi,

I’m a newbie to the list, and a newbie to the industry as well.
Partially because of my medical problems, I am trying to design
medical alert jewelry that is beautiful and versatile enough to wear
for fancy occasions. I’m not talking a variation of the dog-tag curb
chain stuff I have hidden in the bottom of my jewelry box. I’ve seen
$700 gold med-id bracelets that still look like the military designed
them.

Although I plan on having a variety of border styles that are very
different from what is out there, the main inset will be pretty
constant with a variation of the star of life symbol. The differences
between the star of life portion in the styles may be only surface
texture, but the 2-D design is pretty much cut and paste.

I am trying to determine what the most economical way to get models
made for the pendant/bracelet medalions. Would it cost significantly
less on subsequent designs if employ a CAD/CAM service to get the
models made, or will a CAD/CAM design have to be designed as much
from scratch as a traditional wax model.

I also have a question on the copyright of said designs. I want to
make sure that my initial outlay is the only financial obligation I
have to the modeler for each design I have seen a few modellers on
the net who want a portion of each piece sold. What is the
terminology I need in contracts to avoid this dilemma.

I know with Jewelry Genie I’d retain all rights, but I’d also be
spending the same amount each time I made a variation to the design.
Can CAD/CAM programs cut & paste? What is a decent per hour charge
for a good quality CAD/CAm or wax modeller, and can anyone recommend
any? Oh, if it helps, I want the snake and the staff to be a
graduated rounded thickness, not the “stamp” look that is so common.

Any info would be much appreciated.

Thanks,

Tina McDonald
@tlmcd


#2

I have made several real expensive med alert baracelets some with
diamonds and platinum some with rubies but it is real important to
remeber the purpose of the bracelet it needs to be immediatly
recognizable and when they get real pretty they might not be. My
father in law is a doctor and he had some serious misgivings about
making these things due to the potential liablilty for them to be
misinterperted as a piece of jewlery instead of what they are a life
saving device he told me i could potentialy be liable if one was
overlooked due to the design of it so I have since stopped making
them. They look a certain way because all doctors and emergency
workers know what they look like. The doctors and hospitals are
liable if they overlook one and it would probably fall on the
manfactures head if anyone died because of it.

Just my 2cents good luck with the project.

Sincerely
Kevin Potter


#3

This topic has been discussed extensively before – and one comment
that I recall was that there’s a reason medic alert tags are ugly
– because they need to stand out and be noticed by the
paramedics.

One of the newer options for men is a tag that attaches to a watch.
For women,one could use the same tag, but put it on a more
attractive bracelet or necklace.

I don’t mean to be too discouraging. Just suggesting that there
might be a simpler way to make wearing this thing more attractive,
while still letting it do it’s job. I encourage you to read back in
the archives.

Welcome to Orchid, and good luck!

Elaine
Elaine Luther
Metalsmith, Certified PMC Instructor
http://www.CreativeTextureTools.com
Hard to Find Tools for Metal Clay


#4

Cad Cam would be the way to go. Most service bureaus only charge for
their work, no additional royalties etc. Cut and paste is one of the
great things about cad cam.

Thomas Cavagnaro, GG
Cadsmithing, LLC A Service Bureau
480 688 4136
cadsmith@cox.net
www.cadsmithing.com


#5
    I also have a question on the copyright of said designs.  I
want to make sure that my initial outlay is the only financial
obligation I have to the modeler for each design I have seen a few
modellers on the net who want a portion of each piece sold. What is
the terminology I need in contracts to avoid this dilemma. 

Google search on ‘“work for hire” assignment’ (excluding the single
quotes–AKA apostrophes) and you’ll get lots of material to study.
In short, if they are simply executing your design expressions they
would not be the “author,” you still would be and thus would own the
entire bag of copyright rights. However a contract is strongly
recommended. Technically then all your contract needs is a statement
to the above effect, BUT. Most of the time it won’t hurt to go beyond
that and specify that it is a “work for hire”----thus if they
contribute anything classifiable as “expression” beyond your
instruction you’ll still own it. And lastly, but it does involve more
paperwork, you can include a clause that specifies that “should” any
"authorship" ever be construed to be theirs that they assign 100% of
it to you.

The reality is that the vast majority of the people you would WANT
to work with would happily sign the first simple statement and never
bother you after that. The second clause (“work for hire”) will stop
the that want to steal your work and still won’t even get a
blink from the parties you WANT to work with. And the third clause
will (generally) stop the REAL that have the brass to haul
you into court to try to kill the contract----and again won’t get
even a second thought from the folks you WANT to work with. Your
Intellectual Property Attorney will help you sort out just what you
probably should include contract wise for what you want to do design
and development wise.

Did you notice that “WANT to work with”? Rule number one of
contracts is NEVER EVER SIGN A CONTRACT with someone you don’t feel
you’d be comfortable dealing with on just a handshake. The purpose of
a contract is NOT to FORCE anyone to do anything but to provide a
written agreement so you all know and remember what you intended the
deal to be.

    Can CAD/CAM programs cut & paste? 

Yes. But they’ll have a whole lot easier time of it if YOU spell out
IN ADVANCE what you expect to be modifying (and if you don’t
mis-guess in what you spell out!).

    any? Oh, if it helps, I want the snake and the staff to be a
graduated rounded thickness, not the "stamp" look that is so
common. 

No matter what you do with it it would not surprise me if the
Copyright Office required you to totally disclaim any rights in the
basic symbols (and they likely may so amend your copyright
registration application(s) without your approval anyway—even
though they know you would be laughed out of court for any attempt to
claim copyright infringement of such).

Also, if I were you, I’d do some careful research on the symbols to
see if you have as much freedom as you’d like to “adjust” them and/or
use them as you want.

And ask a good liability lawyer how much damages you might expect to
pay should your object/symbology go UNDETECTED by emergency crews and
whether you could live with the costs of the insurance and the
knowledge you contributed to a death or severe impairment (or even
just a minor temporary problem).

Heck, ask yourself if YOU’D be happy to accept the consequences if
your own creation FAILED to get the needed OBSERVATION/RESPONSE when
it counted while YOU were wearing it. That may change your perception
of “ugly”:-).

James E. White
Inventor, Marketer, and Author of “Will It Sell? How to Determine If
Your Invention Is Profitably Marketable (Before Wasting Money on a
Patent)” Info Sites: www.willitsell.com www.inventorhome.com,
www.idearights.com www.taletyano.com www.booksforinventors.com


#6

I have been following this thread closely as our son has asked me to
design medical alert jewelry for him.

As a nurse I particularly understand the need for immediate
recognition of the emblem and as a mother . . . well, I think you’ll
understand my caution.

After addressing that most important issue, my next concern is the
legality of my use of the “star of life” symbol.

I emailed the National Association of State EMS Directors and asked
that they direct me to the proper authority regarding use of the
emblem. I acknowledge that their reply (see below) should not be
considered a legal opinion.

Since I do not intend to sell the jewelry in question, I believe
that my use is permissible. Perhaps James White could weigh in? I got
this response to my NASEMSD Enquiry:

  Thank you for your email. 

  I am being told that there is no copy right on the star of
  life emblem. Therefore, yes you can use it on custom medical
  alert jewelry. 

  If we can be of further assistance please let us know. 

  Best regards. 

  Sharon Kelly
  Executive Assistant
  National Association of State EMS Directors
  Website: www.nasemsd.org

Pam Chott
www.songofthephoenix.com


#7
    I am being told that there is no copy right on the star of life
emblem. Therefore, yes you can use it on custom medical alert
jewelry. 

My expectation is certainly that the symbol was created to be
"public domain" (meaning everyone owns it and can use it) but I don’t
KNOW that for a fact. I don’t plan to do the research on it either.
But there may be more to it than that. It is not unusual for safety
and emergency symbols to have specific laws codified regarding them
either nationally or on a state by state basis. I don’t intend to do
the research on that either but if I were going to use the symbol on
jewelry I’d do one of two things, 1) verify just what all the
applicable rules are for where you plan to use it or 2) only
reasonably ascertain (such as the above NASEMSD reply) that I could
use it then use it only in ways that seemed to comply with the full
intent of the symbol (perhaps 2-D, blazing red, and above some
reasonable size per readily available examples—or whatever).

Okay, just out of curiosity, I did do some NON-FINAL research: See
http://northern.vaems.org/history_of_star.htm but also note that
that article DOES NOT go into the rules applicable to the Medical
Identification Symbol (Medic Alert) of the American Medical
Association----so maybe they are the ones that should be contacted.
If I were going to use the symbol I certainly would.

(I do KNOW, for example, that the "let your fingers do the walking"
telephone yellow pages symbol, here in the US at least, was
explicitly given to the public domain back when AT&T created it so
anybody can use it. BUT, if you use it as a “confidence builder” for
the public and are NOT in the yellow pages, in general, in the area
you’re using the symbol it is still fraud. I.e., the symbol is
available for you to use but it must be used correctly within other
rules too.)

James E. White
Inventor, Marketer, and Author of “Will It Sell? How to Determine If
Your Invention Is Profitably Marketable (Before Wasting Money on a
Patent)” Info Sites: www.willitsell.com www.inventorhome.com,
www.idearights.com www.taletyano.com www.booksforinventors.com