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   How can i protect my jewelry designs?
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   Author  Topic: How can i protect my jewelry designs?  (Read 6249 times)
Jill Bailey
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How can i protect my jewelry designs?
« on: Jun 10th, 2006, 2:29am »
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I started creating vintage style jewelry this year and started selling on ebay and on my site. On my site I have the whole disclaimer that the designs are mine, and that they cannot be reproduced. I noticed 2 girls selling copies (bad copies) of my pieces - some with my descriptions, jewelry card back grounds and photos.  
 
Is there a way i can protect my collection? I have a catalog of 2000 items coming out- and i dont want to make life easier for them. What it comes down to - is that they dont have creativity, or design skills...  
 
Can i create a copyright to protect an entire collection - EX: J Bailey Summer 2006 Collection  
which will protect all of the pieces under that description?  
 
Any advice would be so helpful.  
 
warmest regards,  
J Bailey
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JSonnabend
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Re: How can i protect my jewelry designs?
« Reply #1 on: Jun 12th, 2006, 6:58am »
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Jill -
 
I don't think there is an effective way to register a blanket copyright for the individual pieces of jewelry.  You'd best file registrations for each piece individually, I believe.  I've never registered jewelry, so I'd have to look into the matter to give a more definitive answer.
 
As for stopping the infringers, you can take some specific, often effective steps without registration.  One is to write a DMCA take down notice to Ebay.  They're quick to act on those.  Second is to write (or better yet, have an attorney write) a cease and desist letter to the infringers.
 
- Jeff
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Re: How can i protect my jewelry designs?
« Reply #2 on: Jun 12th, 2006, 8:51pm »
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on Jun 12th, 2006, 6:58am, JSonnabend wrote:

I don't think there is an effective way to register a blanket copyright for the individual pieces of jewelry.  You'd best file registrations for each piece individually, I believe.  I've never registered jewelry, so I'd have to look into the matter to give a more definitive answer.

 
I know that the visual arts section will routinely register groups of jewelry designs together.  However, they warn us (the other sections) that the registration doesn't mean every particular piece of jewelry is "protected"--they will base the registration on those designs that have enough authorship.  Other than that, they probably have to meet the same requirements that other collections of songs and poems do--that they are owned by the same person(s), etc.
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Re: How can i protect my jewelry designs?
« Reply #3 on: Jun 13th, 2006, 6:58am »
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Well, for the first time I've delved a little deeper into the registration of "groups of related works".  I've successfully asserted copyright infringement claims based on such registrations, but never had to address a jurisdictional challenge under 17 U.S.C. § 411.  I was unfamiliar with section 408(c)(1).  
 
Mr. Knife, off the top of your head, can you point us to the Copyright Office rules promulgated under 408(c)(1) regarding registering groups of related works?  I'd be interested to see them.
 
- Jeff
« Last Edit: Jun 13th, 2006, 6:58am by JSonnabend » IP Logged

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Re: How can i protect my jewelry designs?
« Reply #4 on: Jun 14th, 2006, 7:55am »
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The regulation you're looking for is 37 CFR 202.3(b)(3)(i).  There's also case law somewhere that deals with this-- I believe one of the parties is either Wixen Music or Eric Szabo.
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