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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 2430 times)
Isaac
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Re: Jewelry Copying problem- how can i protect my
« Reply #20 on: Jun 15th, 2006, 7:24am »
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on Jun 15th, 2006, 7:06am, RMissimer wrote:
I am truely sorry Isaac. I am not sure why I thought your name was Jim.

 
It's easy to tell me from Jim.  Jim spells much better than I do.
 
Quote:
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.

 
In my opinion, whether or not the work is classified as VA, TX, etc. is not even relevant.
 
37 CFR 202.3(b)(1) Describes the classes of work and presumably all registerable works fall into a class.
 
However there does not seem to be any language in 37 CFR 202.3(b)(3)(i) that would require you to sort out which class a work belongs in before determining that it can be registered as a collection.
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Isaac
RMissimer
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Re: Jewelry Copying problem- how can i protect my
« Reply #21 on: Jun 15th, 2006, 12:25pm »
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Ok... I just got off with the copyright office and they explained this easily.
 
It is a matter of whether the items are published or unpublished.  Items that are one of a kind and sold for profit would be considered unpublished, producing 10 and selling them would be considered published.
 
If they are unpublished they can be combined whenever and submitted under one application with one fee.
 
If they are published,  then it matters how many are published together.  If all ten were then those ten can be combined.  If they were made and sold 10 at a time, then they must be registered as they are published.  Once published they do not need to be registered again.
 
So, If I over the course of a month make and sell 10 each of three different designs, all were sold separately, I must register them as individual designs.
 
That is what they said,  don't shoot the messenger.
 
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RS Missimer
Patents Penned, Inc.
PO Box 486
Butler, WI 53007-0486
(262) 565-8200
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