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How to Copyright a Jewelry Design

Member
By geltdesigns
User-Submitted Article
(2 Ratings)

Ideas and concepts for jewelry, no matter how original, are not protected by United States intellectual property law. Original jewelry designs may be protected by both copyright and patent law. This article will explain the process to copyright your original jewelry design.

Difficulty: Moderately Easy
Instructions
  1. Step 1
     

    Under Section 102 of the Copyright Act, original jewelry designs are considered "pictorial, graphic, and sculptural works" and are protected by copyright law.

  2. Step 2
     

    Copyright protection is automatic under federal law when the original work is created in a fixed form.

  3. Step 3

    The jewelry design must actually be original. Certain jewelry designs have been around and can be found throughout the ages and will not be able to take advantage of copyright protection. You can search the copyright office database and popular internet search sites to help determine whether the design you thought up is in fact original. Note that just because you created it does not mean it was necessarily first.

  4. Step 4
     

    Although copyright protection is automatic, there are numerous incentives to registering your work with the US copyright office.

    By registering your work, you create a public record of your copyright claim on your jewelry design. This public record enables you to file a law suit to enforce your rights against anybody who later copies or otherwise infringes upon your work. Registering with the copyright office also gives you the right to record your registration with the United States Customs Service to protect your work against the importation of infringing copies-- an important right considering all the inexpensive jewelry imports from China and other countries. Moreover, timely registration with the copyright office allows the copyright holder the right to seek certain statutory damages not otherwise available in the event the work is infringed.

  5. Step 5
     

    Take a number of very good photographs of your work from various angles. The photographs should graphically show the details of your jewelry design rather than be arty presentations of your work.

  6. Step 6
     

    Go online to the U.S. Copyright Office at http://www.copyright.gov/forms/ Download the forms needed to submit by mail and include a check or money order in the amount of $45. Send the assembled package to:
    U.S. Copyright Office
    101 Independence Avenue SE
    Washington, DC 20559-6000
    (202) 707-3000

    You can also use the Electronic Copyright Office and submit the forms online and payment in the amount of $35. The copyright office currently prefers online submissions. In most cases, it will take under an hour to submit your copyright electronically. Jewelry artists submitting online are well advised to take the eCO tutorial before completing the online copyright forms.

  7. Step 7
     

    The copyright office will process the application and send a certificate of registration back in the mail. If there are problems with the application you may get a call or letter from the US copyright office.

Tips & Warnings
  • If you publish your photographs of your jewelry on the internet (whether offering it for sale or not) it is a good idea to include a notice of your copyright with the photograph. For example, we mark jewelry made by us this year and published on the internet: © 2009 GeltDesigns. All rights reserved.
  • There is no automatic protection under patent law. The rules for obtaining a patent on a design are different and more rigorous than copyright protection. Inventors can obtain a patent on a design for manufacture that is new, original and ornamental. Note that design patents protect only the appearance of designs and not the structural or utilitarian aspects of design-- the later are protected by a different type of patent. In general, patents are more difficult and expensive to obtain than are copyrights.
  • Section 102(2) of the Copyright Act states that: "In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."
  • While you do not need a lawyer to register a copyright or file a patent, hiring an intellectual property lawyer is recommended since intellectual property is a very technical area of the law. A lawyer can help you prepare a filing that will better protect your work.
  • This article is intended as an overview of the law and is not intended to give specific legal advice. Your facts and circumstances may change the legal analysis. See an attorney to see how the law applies to you.
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