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   Jewelry Copying problem- how can i protect my desi
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   Author  Topic: Jewelry Copying problem- how can i protect my desi  (Read 2432 times)
RMissimer
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Re: Jewelry Copying problem- how can i protect my
« Reply #15 on: Jun 14th, 2006, 8:48pm »
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Hi Jim,
 
I am not disagreeing that jewelry falls under "VA,"  I am saying that the section that was referenced does not seem to include jewelry specifically.  That section reads like it is photographs and sound recordings.  Sculpture was the only not film or sound media discussed in the section.
 
Did you read something different in that text ?
 
Is there another statute that covers jewerly on its own?
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RS Missimer
Patents Penned, Inc.
PO Box 486
Butler, WI 53007-0486
(262) 565-8200
Isaac
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Re: Jewelry Copying problem- how can i protect my
« Reply #16 on: Jun 14th, 2006, 9:07pm »
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on Jun 14th, 2006, 8:48pm, RMissimer wrote:
Hi Jim,
 
I am not disagreeing that jewelry falls under "VA,"  I am saying that the section that was referenced does not seem to include jewelry specifically.  That section reads like it is photographs and sound recordings.  Sculpture was the only not film or sound media discussed in the section.
 
Did you read something different in that text ?

 
"three dimensional works of the fine, graphic, and applied arts"    
 
That reads like something that might include jewelry.
 
 
Jim's that guy on the west coast.  I'm east coast Isaac.
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Isaac
RMissimer
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Re: Jewelry Copying problem- how can i protect my
« Reply #17 on: Jun 14th, 2006, 11:08pm »
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The description you used was in the example after they already definde the class but they did not include jewelry. (i.e. 37 CFR 202.3(b)(3)(i))  Your case is not a strong one.  I am not saying you are not correct,  it just isn't clearly stated in the CFR that was referenced.
 
I will gladly call the copyright office tomorrow and clarify this point.  But it is not clear by the statute that was given that jewelry is absolutely covered in combinational submittals.
 
Shall we place a wager on it, Jim ?
 
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RS Missimer
Patents Penned, Inc.
PO Box 486
Butler, WI 53007-0486
(262) 565-8200
Isaac
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Posts: 3472
Re: Jewelry Copying problem- how can i protect my
« Reply #18 on: Jun 15th, 2006, 5:41am »
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on Jun 14th, 2006, 11:08pm, RMissimer wrote:
The description you used was in the example after they already definde the class but they did not include jewelry. (i.e. 37 CFR 202.3(b)(3)(i))  Your case is not a strong one.  I am not saying you are not correct,  it just isn't clearly stated in the CFR that was referenced.

 
I'm completely baffled as to your reasoning here.   Read copyright circular 40 if you still have doubts about what constitutes visual arts.
 
In my opinion, only a very motivated reading of rule 37 CFR 202.3(b)(3)(i) could lead one to conclude that visual arts excludes jewelry.    
 
Given that you know that jewelry is copyrightable, in what category do you think it is classified?
 
And why do you continue to call me Jim?   I don't find it insulting, but Mr. Ivey might  Smiley
 
I don't want to wager if you're just going to pay Jim when I win!
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Isaac
RMissimer
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Re: Jewelry Copying problem- how can i protect my
« Reply #19 on: Jun 15th, 2006, 7:06am »
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I am truely sorry Isaac.  I am not sure why I thought your name was Jim.
 
I do believe that jewelry falls under "VA."  It is the section under combination where it seems to be left out.   If that section had stated and anything considered "VA" I would not be so confused.
 
But its wording doesn't do that.  It goes out of its way to include just a few things, and gives no broad definition that would lead me to believing all is included.
 
I just don't see it being (by the rule) so obvious.
I'll call over there and see.
 
I have never had to copyright a combination of jewelry before,  so it will be a learning experience for me.  Thank you Isaac.
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RS Missimer
Patents Penned, Inc.
PO Box 486
Butler, WI 53007-0486
(262) 565-8200
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