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   Jewelry Copying problem- how can i protect my desi
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Isaac
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Re: Jewelry Copying problem- how can i protect my
« Reply #5 on: Jun 12th, 2006, 2:03pm »
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on Jun 12th, 2006, 1:00pm, RMissimer wrote:
Response from a filing doesn't take all that long.  It will be a lot faster than the back and forth negotiations prior to litigation.  So, I stand on my comment.

 
It takes months (maybe six or more) to get registered although I think there is an expedited procedure.
 
Quote:

As for proof of copying.  I have seen locally here, several litigations that were based soley on contact with the other party.  One of the cases, they artist gave a copy to a printing company, and they out right stole the work.  That was a fast settlement.  The artist filed, and then threatened to sue.   So, again I stand on my comment.

 
From your description, it sounds like the elements for proving copying were present.   Evidence of giving the copy to the printing company => proof that the printing company had access.   Although you did not state any facts alleging copying, isn't that what you meant by "stole the work"?   Further, this description of yours does not involve litigation; just threats and a settlement.
 
Perhaps I'm missing your point.    
 
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Isaac
RMissimer
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Re: Jewelry Copying problem- how can i protect my
« Reply #6 on: Jun 13th, 2006, 6:20am »
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Hi Jim,
 
YES, agreed there was definate proof in the printing case.  The suit was filed but not served.  That happens allot up here.  Allows the plaintiff a chance to resolve the issue and remove the case from the docket with chance of response.
 
As you know, sending a letter to the infringer gives them the chance to file suit in their jurisdiction (a definate negative).  So, the artist had filed the suit here to control venue, but did not serve the defendant (because it was settled).
 
Proof of contact is either a) not provable at all,  or b) really easy to prove.  There doesn't seem to be must in between.  The alternative is a "comparable art" which is costly, and really hard to win.
 
I assumed by his comments that he had some basis to his claims that they were copies.  Especially the part about the "descriptions, jewerly card back grounds and photos."
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RS Missimer
Patents Penned, Inc.
PO Box 486
Butler, WI 53007-0486
(262) 565-8200
RMissimer
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Re: Jewelry Copying problem- how can i protect my
« Reply #7 on: Jun 13th, 2006, 6:26am »
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Let's address one other question he had.
 
Can we agree that he CAN NOT combine the works into a set and copyright them.  If he does, I believe that he must protect it as a set -or- prove that the taking is significant part of the collection.
 
It would be like being an architect and taking pictures of your buildings.  Having them as a set does not protect the building design,  just the set of photographs.  So, someone else taking pictures of the same building would not be protected.
 
Where if the photos were submitted as a single filing for the architecture of the building,  then the building design would be protected.
 
This is also like recording music, instead of submitting it in sheet form.  It is my understanding that sound recording only protects the sound recording,  and not the content.  So a different rendition of the song might not be protected if not in sheet music format.
 
Comments will be appreciated.
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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 #8 on: Jun 13th, 2006, 7:11am »
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on Jun 13th, 2006, 6:26am, RMissimer wrote:
Let's address one other question he had.
 
Can we agree that he CAN NOT combine the works into a set and copyright them.  If he does, I believe that he must protect it as a set -or- prove that the taking is significant part of the collection.

 
I don't have any personal knowledge, but macktheknife who responded to this question in another thread used to work at the copyright office and indicated that collections of jewelry can be registered.
 
I think there are some limits to protecting an individual item by registering a collection, but I don't think the fact that an individual item is a small part of the collection is quite the issue you sugggest when the individual parts are authored by the same person who registers the collection.  There is not a percentage rule for excusing infringement.   Copying one item of a set does not seem likely to me to be considered de minimis even if there are 2000 items in the set.  
 
You can register for both the copyright in the performance and the copyright in the music using a single registration supported by a submission of a recording.   So if your analogy is correct (and I don't quite understand the analogy) it would seem to argue against your position.
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Isaac
JSonnabend
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Re: Jewelry Copying problem- how can i protect my
« Reply #9 on: Jun 13th, 2006, 7:16am »
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Response from a filing doesn't take all that long.

What's "all that long"?  In my experience, the wait is six months or more.  What's your experience?
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
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