Hi Jeanne,
I realize that I’m going to upset a lot of people with what I’m about
to say, but I think it’s important enough to say it, anyway…
Now, I may be mistaken about the finer points of this – and I
welcome any dissenting perspectives from IP attorneys who may be
reading – but it’s my understanding that Copyright law only covers
the publication, itself, and not the contents of that publication.
So, for example, if you were to publish a book full of jewelry
designs and someone were to copy even the most subtle curves and
textures of one of those designs precisely, you would have no legal
claim aginst him or her, unless they copied the Book precisely, or
unless you had also undertaken the process of protecting the
design(s) in question via some other avenue, as well. A great many
people who haven’t bothered to read up on this confuse the
protections offerred by copyrights, trademarks and patents, and
erroneously assume that the least expensive of these carries with it
all of the protections and enforcabilities that the most expensive
forms do. All that a formally applied for and subsequently granted
copyright says is that you designed and created something on a given
date and that, to the best knowledge of the person issuing said
copyright, you were the first one to do so. Period. It does not say
that no one else has the right to produce something similar to it, or
that, in the case of your project(s) discussed or outlined in
exploded detail in a textbook, no one else may try it out for size.
Actually, if I’m not mistaken, the fact that you’ve gone out of your
way to diagram and explain each and every aspect of each of the
successive steps necessary for its completion would make it utterly
impossible for you to ever defend that piece against infringement, in
a court of law. That would be like standing up in a court of law, and
telling the judge, "Yes, your Honor, I DID bake the chocolate cake in
the front window of my bakery, and I DID televise each and every step
of its creation with full-color videotape, music and voice-overs, and
I DID use high-power fans to blow its sweet scent out the front door
of the shop to the sidewalk, where all of the homeless folks
congregate and then, after baking it, I DID place it, and a dozen
plastic forks and party plates on a card table on the sidewalk, in
front of the bakery window…
…But I NEVER formally gave anyone out there my permission to EAT
it!" (In other words, actions speak louder than words and, by virtue
of the steps leading up to your disclaimer, “yes, you did”.)
Oh, and for what it’s worth, Jeanne, I, too, am working on a book
that’ll be filled with and designs (in my case, they’re
faceting designs). Instead of asking folks not to copy your designs
(especially, after you’ve gone out of your way to tell them what
tools and supplies they’ll need to complete each project, and in
which order to do each of the steps – which, frankly, I think makes
it kind of silly, not to mention indefensibly unreasonable to then
assume that no one will do just that – I think the best you can
reasonably ask and hope for is, if they copy these designs for resale
to the general public, that they make an effort to acknowledge you
and/or your design by name, on their hang-tags. (i.e. “A pendant
inspired by the works of…”.) That way, you get your 15 minutes of
fame as both an author, educator and metalsmith, they get to enhance
their skillset and (if they did the job[s] well enough), recoup their
investments, and everyone goes home happy. Of course, if your pieces
are unique enough, and you have the tens of thousands of dollars
necessary to do patent searches and apply for design patents, and
then the hundreds of thousands of dollars necessary to defend each
infringement upon them, that’s another way to go, as is trademarking,
but that only works if the piece being copied contains the trademark,
or is exactly the same as the item submitted for patenting. As one of
my mentors used to say, "Sometimes, ya gotta just shrug your
shoulders and say, “Hey, it sucks, but it is… Next!”
Best regards,
Doug
Douglas Turet, G.J.,
Turet Design
P.O. Box 242 Avon, MA 02322-0242
Tel: (508) 586-5690 Fax: (508) 586-5677
doug. at.turetdesign.com