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Copyright Q&AQ - Does a copyright protect an idea or concept? A - A copyright registration protects original intellectual property and designs. For jewelry designs, you can register a copyright for both the actual piece and the drawings. Q - If my client wishes me to duplicate the design of a copyrighted diamond ring that she saw in a magazine, but would like to replace the diamond with a sapphire or ruby. Can I duplicate it since I will be changing the gemstone in the design? A – Simply changing the gemstone(s) in an item of jewelry would not be considered a sufficient or significant change in order to hold you harmless for copyright infringement. Q - How would I know when I am infringing on someone else’s design? A - When you are making a copy! If you make significant changes and the finished product is substantially different it may not be infringement. However, you have to be very careful. Q – What’s the difference between a copyright and a trademark? A - A registered copyright protects the esthetics of a design, the way the product looks. A trademark is means to identify a manufacturer to distinguish the product from those of others. For additional information on this subject, go to www.uspto.gov |
Jewelers Vigilance Committee
Does Not Provide Any Form Of Legal Advice.