Off the cuff, I can't think of any prominent artists who pursued others for copyright infringement,
Dale Chihuly is currently suing two of his previous assistants for
copyright infringement.
James Binnion
@James_Binnion
James Binnion Metal Arts
360-756-6550
I am not recommending that artists take any steps to protect their
work. It is up to you. However, if you wish to do so, filing a
copyright application on your own is the right step to take. You can
probably use the short form for jewelry design and the instructions
are simple. The long form is almost as easy and the instructions are
easy to understand. The fact that these forms have a block to check
for jewelry designs, suggests that a lot of registrations are filed
for jewelers. The fee is $45.00 for each registration. If you are
making multiples, that cost is insignificant. Unlike the old days,
each item that you produce is now protected without the need for a
copyright notice on the item. However, adding one might scare off
some would be copiers.
Just Google ’ application for copyright '… you will get
Forms | U.S. Copyright Office as the first hit. Look at Short Form
VA and its directions first to see if it fits.
I suggest that you send your application by mail with a return
receipt requested and use a personal check so you know when it is
cashed. Don’t do this if there is any question about your check being
good, because there is a $75 charge for a bad check and that must be
paid along with the fee before the registration will be accepted. One
aspect of registration is extremely frustrating; it often takes
forever to get a copy of the registration application returned
indicating its acceptance. The return receipt and the fact your
check was paid help reduce the anxiety relating to the delay.
Where the application is filed after the infringement takes place,
it seems like the wait for registration is even longer. There are
services in Washington which will ‘walk’ your application through,
but these are not worth the expense unless litigation has already
started. Even then, the cost may not be justified because the
significance of registration usually does not arise until the end to
the lawsuit.
I have been involved in over twenty very significant copyright
disputes with litigation in federal court. In all of these matters,
the lawyers made a lot of money, but generally the prevailing party
received hefty compensation. I represented Gucci for a few years and
their claims were brought to stop copying and to maintain ‘brand’
integrity.’ They always prevailed, but they never recovered any money
for their claims. Dale Chihuly was supposed to have settled his
copyright infringement this month but the word is that it fell
through over the defendant’s demand that Chihuly admit that he was
not copying. Thus, it appears that his suit was brought to stop the
copying in the first place, not to collect damages. For the past ten
years my experience has been with lawsuits that were brought solely
for damages. It is true that you can only collect money if the person
who copies your work has money, but individual officers and employees
of a company which infringes on your work can be personally liable
for damages.
Komowkwa
Hi, I hate to start off posting this way, and as I’m still in the
learning process I’'m finding this whole argument really intriguing
from both sides of the coin. I think it all boils down to intention -
are you trying to copy something you saw that you liked, did
something just influence you and you wnat to bring something new to
the table, or did you truly think you came up with something on your
own, even if subconsciously works that have been done and influences
that you may have absorbed have contributed to your style?
Just the one jeweler I recall that has a pretty recognizable name
following where I once worked, Margaret Thurman. When I see her
work, I know her work. Was she copying, did she get influence? I
could never know (I don’t believe any similarity her work has is more
than influence or coincidence) but I have seen numerous other artists
that CLEARLY are just piggybacking (and not doing as quality work, I
might add). Just so we avoid it, PLEASE no tangent posts defending or
ripping on Margaret Thurman btw. I’m just using it as an example of
a style that I can’t assume bad intentions behind, as opposed to
other artists where it’s pretty clear that they’re consciously
piggybacking.
It would seem to me that it shouldn’t be too hard to sort out the
ones that are intentionally bogarting your style and works. Sheer
population dictates that there’s tons of people thinking they’re
original when they’re not, but the majority of them (I’d like to
think) aren’t just flipping through catalogs for the next piece they
can bogart. The intention is what makes it so complicated, and what
makes it nonetheless so important.
But I’m just curious Daniel, as after your discussion of SOO few
original designers in over three decades in the industry, and what I
read as a critique of copyrighting in general because so many things
are not as original as the designer would like to believe, etc. why
then is copyright listed on almost every page of your website in
larger than a footnote size font? Are you among the rare dozen or is
it for the jewelry or the website? Your statements on copying and
copyright versus how it seems it’s being applied to your work is
rather confusing to me. So, as someone just starting out designing
does this mean you think I should claim copyright or not?
Liz Sugermeyer
Dale Chihuly is currently suing two of his previous assistants for copyright infringement.
Jeanine Payer sent someone to court last year (year before?). I
consider her pretty prominent.
Dale Chihuly is currently suing two of his previous assistants for copyright infringement
Interesting, in view of the fact that it is/was his assistants who
do ALL the glasswork…under his “direction”, I assume. Sheesh,
like he doesn’t have enough money?
Wayne
PLEASE no tangent posts defending or ripping on Margaret Thurman btw.
Sorry, no dictating, (except by the inimitable Hanuman), on what one
can and can’t post here.
Interesting that you would choose that particular artist. If you
would like to know at least one of Ms Thurman’s influences, please
go to Gail Goldin’s website: : http://www.gailgoldin.com Ms Goldin
is assuredly one of Ms Thurman’s influences. I know and am familiar
with both artists and their work. Ms Goldin was making exactly this
kind of jewelry quite some years before Ms T ever took up the torch.
In any case, both of their jewelry is supremely simple. Nice, very
large bits, carved, (by someone other than themselves), or uncarved,
set in well made silver bezels with no embellishments. Very salable
work, but nothing there even slightly earth shattering.
So…“.uninfluenced”? “Original”…? I was hoping that you were
going to come up with someone supremely innovative and not prove
Dans’ point.
My latest jewelry favorite is Namu Cho, who introduced himself to me
at the last Philly show. All of those itty bitty bits sewn and
inlaid. An exquisitely original take on technique that has gone
before. Beautifully executed. Especially the larger pieces. Photos
certainly don’t do his work justice.
Cheers,
Lisa, (Thought I was going to go riding today, instead ended up
cleaning and repairing all of my tack. It involved a dead rat. Ugh!)
Topanga, CA USA
How many of you actually worry about your work being ripped off? If you do what are a few of your less than secret strategies for staying ahead.
If you are a manufacturing jeweler of significant volume you would
make your decision based on business considerations.
If you are an artist or individual craftsman you might look at the
knock-off and try to learn from it. What about the design made it
potentially profitable to copy? How did they handle execution? Is the
price point difference between the original and the knockoff the only
perceivable difference in the end customer’s view?
It would seem to me the way to combat cheap knockoffs is to be much
better in terms of detail and craftsmanship, that is IF you’re own
clientele really appreciates quality. And I would ask myself if I
really want the ‘price-only’ consumer as a customer. Are you going to
make any money by catering to that price mentality?
If your design is truly as special as you hope it is, then craft the
heck out of it, make it perfect, and sell it on the basis of
quality.
why then is copyright listed on almost every page of your website in larger than a footnote size font?
The copyright is on the web page itself not the designs. Although,
in my understanding of copyright law, simply by making my pieces they
achieve copyright, whether I announce it or not. The bigger question
is would I ever follow through on the copyright and the answer is no
because I couldn’t care less what anyone does with my stuff…except
when it comes to dealing with insurance companies who think they can
have their customers go to any commercial jeweler and get what I
make. With them, I push the copyright issue so it’s handy to have it
posted.
Daniel R. Spirer, G.G.
Daniel R. Spirer Jewelers, LLC
1780 Massachusetts Ave.
Cambridge, MA 02140
I was hoping that you were going to come up with someone supremely innovative and not prove Dans' point.
I went and looked at both of these artist’s work and quite frankly
Lisa, you’re right. They do prove my point. Both of their designs
lack originality and neither one strikes me as being particularly
creative (although I have to say that I favored Goldin’s work).
Sticking a bunch of bezel set stones together is certainly not
innovative. And unless they started in the 1950’s their style
certainly wasn’t new (as there were jewelers already doing stuff like
that then). What they both have though is good marketing. They have
nice artist’s statements. They claim to be following their own muse
and they’ve been around long enough to have developed a following.
But given these points it befuddles me why they’re still working
primarily in silver and not in gold. But then that’s another story.
Daniel R. Spirer, G.G.
Daniel R. Spirer Jewelers, LLC
1780 Massachusetts Ave.
Cambridge, MA 02140
(although I have to say that I favored Goldin's work).
I agree. I much prefer Gail’s work. It is simple, well thought out,
attractive, well made and highly marketable. Plus, she really
believes in what she does and loves it. That is always a big help. I
also recognize that most buyers merely want interesting decorations,
not thought provoking innovation. Innovation makes many people
nervous. Look at the popularity of mall jewelers and jewelry. Cute
little necklaces, simple nondescript earrings and diamond solitaires
reign for the most part don’t they? In silver or gold, it all looks
the same to me.
There is room for everyone on my planet. I would have to kill myself
if I could only make cute little $12 earrings, or hard edged,
rectilinear, achitectonic, statement brooches. I am sure that there
is a whole raft of jewelers who would slit their wrists with a dull
butter knife if faced with making my organic stuff…or carving as I
do, tiny nudes from fossilized walrus tusk…lol…lol…lol!
SIlver, gold, steel, titanium, dirt. Its all personal choice and
personal vision.
Hey…if we all saw things and did things in total agreement, 1. we
would be bored into catatonia. 2. We would no doubt still be wearing
loincloths and eating our food raw. If we all suddenly decided to be
“innovative”, or “original”, I would seriously fear for my sanity…
what there is left of it.
Cheers,( Off to dust for stars in aerogel, on the new Berkeley/
Johnson Space Centers" Stardust@home project, for which I am one of
13,067 plus volunteers, all looking on-line through a virtual
microscope searching for star dust! Wheee!) Topanga, CA USA
But given these points it befuddles me why they're still working primarily in silver and not in gold. But then that's another story.
Ummm…maybe because they like silver and don’t like gold ? Why do
you need to work in gold ? Are you not a “real jeweler” (whatever
that is) if you don’t ?
De gustibus non est disputandum.
Brian Corll
Brian Corll, Inc.
1002 East Simpson Street
Mechanicsburg, PA 17055
Ummm...maybe because they like silver and don't like gold ? Why do you need to work in gold ? Are you not a "real jeweler" (whatever that is) if you don't ?
“Why do you need to work in gold” Redundant. Covered previously. And,
off to the races, again…
“maybe because they like silver and don’t like gold” First of all,
not everything made in gold can be made in silver without major
compromises of strength and durability. Just a fact. If you are
content with the limitations, forge on.
So, theoretically, if I like silver, and my customer likes gold, am
I going to turn away business because of a “like”.? Like, not!
As a practical financial matter, how much quantity of sterling do
you have to sell to make the income you desire, if you were working
in gold, how much quantity, and if you are going to develop a plan
and spend the same amount of time making your work and marketing,
which is more beneficial to you. Working in metal, is working in
metal. I have never considered the color of the metal to be an
issue, just what can I do with it.
Then, the common cents is that if you make something in 14 kt., you
can get $40 to $60 per gram, that means you get 2-3 times mark up on
each gram. 6 grams, I get $240 profit on $120 investment.
There is a greater perceived value. I get paid much better for labor
on gold than silver. Do I work in silver? Yes. I make a lot of
sterling jewelry, I make sterling and gold, and I make gold jewelry
with or without colored gems and/or diamonds. Fact is, I don’t have
the clientele to only sell gold. If I did have that clientele, I
would be shooting myself in the foot to turn down gold work for
sterling.
People have no issue when I charge $12 to set a stone in gold.
People do not usually want to pay $12 to set a stone in a $10
sterling rings. Same labor.
Question might be, what would someone have against the profit on
gold, and the lack of resistance from customers.
If there is some esoteric dilemma as to what determines whether your
are considered a jeweler, perhaps put that in perspective with what
benefits you get financially, if you have talent and persistence, by
working in gold.
As a practical matter, “jewelry stores” are gold stores, not
sterling stores. I have a jewelry store, and I get more people coming
in for custom gold than custom sterling. I have my own line of art
jewelry in sterling, and sterling and gold. I sell far more gold,
white gold mostly, now.
If working in sterling is what rocks your world and that is the
client base you attract and you are satisfied then there should be
no issue as to whether you are a real jeweler. If you are externally
motivated by how you are perceived by others, take a poll, and figure
out how to change yourself for the sake of others.
Internally motivated, figure out how to make a living doing what you
love, regardless of what you call it. Let them figure out what to
call you.
I recently let my hair grow out like when I was a hippie. Now two
people said I look more like an artist. Do I charge more, or less?
Richard Hart
I recently let my hair grow out like when I was a hippie. Now two people said I look more like an artist. Do I charge more, or less?
Be bold! Make a statement! Charge the same.
(tongue firmly in cheek)
James S. Duncan, G.G.
James in SoFL
I recently let my hair grow out like when I was a hippie. Now two people said I look more like an artist. Do I charge more, or less?
I happened to see you and your longer hair over at Stella’s a few
weeks ago. I’d…uhhhhhh…cut it. Pricewise though, I’ve
always thought you underprice your lovely work.
Karen Hemmerle
I recently let my hair grow out like when I was a hippie. Now two people said I look more like an artist. Do I charge more, or less?
I hit the Bead and Button show a few years back here in
Milwaukee… Thses is actually quite a large annual show, and
depending on the year, can have some fascinating things going on…
For some reason I had let my hair go shaggy…and although I am
hirsutely challenged (evolved?) on the top of my head, it was almost
long enough for a short ponytail in back…
That, combined with a goatee and a worn out jean jacket, made
several vendors seem to think I was a designer, and they pressed
their cards on me and told tales of wild discounts available……
Gary W. Bourbonais
A.J.P.(GIA)
Well speaking of hair, I too am somewhat hair challenged but I make
a big attempt to use what little I have to make a big impression. I
have X’s cut into the sides of my hair and a really long (albeit it
thin) ponytail. I tried to get my hairdresser to put in diamond
shapes (the shape of a faceted diamond) but unfortunately he’s a
little artistically challenged. Nonetheless, whether it makes me more
or less of an artist, my customers never forget what I look like.
Daniel R. Spirer, G.G.
Daniel R. Spirer Jewelers, LLC
1780 Massachusetts Ave.
Cambridge, MA 02140
Well speaking of hair, I too am somewhat hair challenged but I make a big attempt to use what little I have to make a big impression. I have X's cut into the sides of my hair and a really long (albeit it thin) ponytail. I tried to get my hairdresser to put in diamond shapes (the shape of a faceted diamond) but unfortunately he's a little artistically challenged. Nonetheless, whether it makes me more or less of an artist, my customers never forget what I look like
I’ll bet they don’t. When I retired from the Air Force back in ‘93,
I resolved that it’d be at least another 20 years before I cut it
again. Apart from a trim every now and then, I stayed true to that
resolution. Around this time last year, it was down to my belt (and
I’m 6’2" if that gives you an idea how long it was), and I cut
exactly 12 inches of it to donate to Locks of Love, an organization
dedicated to providing wigs to children who have suffered medical
hair loss. At this time, I’m still around six inches short of its’
previous length. In my retail situation, nobody seems to mind, and
the only mention is usually women who want to know what I use to
keep it so silky.
I also had a fairly illustrious, 14-year career in the tattoo
business and I’m tattooed down to my knuckles. My friends’ kids all
think I’m cool, and so do the younger couples who come in looking for
bridal jewelry. Nearly all of them have some sort of tattoo (who
doesn’t, these days?) and it gives us a common core of experience.
Since bridal jewelry is my country’s highest selling item, I feel
advantaged.
Older folks just don’t care. Little old ladies think I’m just the
sweetest guy, and older men often recount their war days with me as
their wives shop and do business. The only real problem I ever get is
with people in my own age group (I’m 50). The other age groups
instinctively know that I’m an artist. The ones in mine are so obtuse
that I simply point the fact out to them, and they come around. I
guess it’s just too confusing for folks in my age group when they see
a (well-groomed) long-haired, tattooed guy in a long sleeved shirt
and tie unless I win them over somehow. Nobody seems to mind the Van
Dyke (a goatee is what Colonel Sanders has), though.
James S. Duncan, G.G.
James in SoFL
I guess it's just too confusing for folks in my age group when they see a (well-groomed) long-haired, tattooed guy in a long sleeved shirt and tie unless I win them over somehow.
I don’t wear a tie too often, but I regularly wear custom made suits
that are all based on suits from the 30’s and 40’s, a couple of which
look a little bit like zoot suits (although they aren’t–the jackets
aren’t long enough). And you wouldn’t believe how many people have to
ask me why I’m wearing a suit (like you, James, most of them are in
my-and yours-own age group). Actually when I do wear ties, they
routinely have scantily clad women on them (I would wear ones with
scantily clad men on them too but have been unable to find any—I
just don’t want anyone to think I’m being sexist here). Again, it
makes an impression. People don’t forget and it gives you something
to talk about besides how they are going to be spending their money
with you. In this day of casual everything sometimes not being so
casual makes you leave more of an impression than anything else.
James, I confess to not having any tattoos, but I do have four holes
in one ear. Does that count?
Daniel R. Spirer, G.G.
Daniel R. Spirer Jewelers, LLC
1780 Massachusetts Ave.
Cambridge, MA 02140
I confess to not having any tattoos, but I do have four holes in one ear. Does that count?
Daniel, they only count if you wear jewelry in them. And although I
have three in one ear and two in the other, I no longer wear jewelry
in mine. I guess we’re even 
James S. Duncan, G.G.
James in SoFL