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[RMissimer]

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?

[Isaac]

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.

[RMissimer]

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 ?

[Isaac]

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  

I don't want to wager if you're just going to pay Jim when I win!

[RMissimer]

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.

[Isaac]

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.

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.

[RMissimer]

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.