Warren Feld Jewelry

COPYRIGHT

You can copyright any documents or marketing materials (brochures, instructions, etc). You can do this by registering a copy with the Library of Congress, or just putting © YOUR NAME, date somewhere on the document.

Or you can send a copy to yourself in a Registered letter, write on the outside of the envelop what is inside, and don’t open the envelop when you receive it back in the mail. This is a proof of date, should you need to challenge anyone.

Crittenden Jewelry

One jewelry dealer I know, and who exemplifies many other jewelry artists I’ve met, owns a business called Crittenden Jewelry. Ulrich is his name. Ulrich is very pleasant, interesting to talk with, knows the jewelry business in and out, but is somewhat of an odd duck. He sells some of the most beautiful and intricate jewelry you will ever see anywhere, except in a museum.

But he hides it.

He keeps all these phenomenal pieces in boxes under the floorboards of the store. He fears if they were on display, other jewelry makers would copy them. And he would be out of business. So he only takes these pieces out for a select few.

Not surprisingly, Ulrich works alone. As he often explains, “I don’t want to hire anyone to assist me, because all they’re going to do is steal my designs.”

Business is about taking risks. If you are unwilling to take risks, as Ulrich has done, you probably don’t really have a viable business.

When you have written copy you want to copyright, first, somewhere on the document, you want to either use the copyright symbol © or write out the word COPYRIGHT. List your name and the year.

Examples: ©Warren Feld, 2020 or COPYRIGHT, Warren Feld, 2020

At this point, your document is considered copyrighted. The issue for you is if someone violated that copyright and you went to court to contest this, this would not be sufficient evidence for the courts.

Library of Congress: You can get an official certificate of copyright by submitting an application to the US Library of Congress. Your copyright starts the date the application is submitted. There is a minimal fee. It usually takes about one year before you actually receive the certificate. Courts usually require this certificate as evidence.

US Post Office: You can put your material in a self-addressed, stamped envelope and mail this Registered/Certified to yourself. On the outside of the envelope, write what is inside. When you receive it, however, DO NOT OPEN IT. The post mark date will be evidence of copyright. This will usually hold up in court.

NOTE: It is difficult to copyright a specific jewelry design. While there is no legal rule about what constitutes a copyright violation of the design, it is generally accepted that merely a 10% difference would not be a violation. That 10% difference might be a different clasp, a slightly different pattern, or a different color scheme (though the courts allow you some flexibility with color issues).

NOTE: It is expensive to contest a copyright violation in court. This might run $3,000 per incident.

The US Copyright Office will often reject jewelry designs for lacking authorship because they consist of common or usual shapes and forms. When submitting your application, you should present a well-reasoned argument, based on basic principles of jewelry design composition, form and function, as to why your jewelry and patterns should be copyrighted.

You can also copyright a “collection of jewelry”, but you can’t add new designs to the collection, without getting new copyrights. In the collection, the pieces would need to share design elements and sensibilities, and these would need to be obvious.

Copyrights last for the life of the designer plus 70 years. Use form VA (Visual Arts). It usually takes about a year for the paperwork to go through, but your piece is considered copyrighted from the date you submitted your application.

For more articles about Conquering The Creative Marketplace, click over to our Jewelry Designers’ Hub

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sources of inspiration and insights with you.

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Conquering The Creative Marketplace

Many people learn beadwork and jewelry-making in order to sell the pieces they make. Based both on the creation and development of my own jewelry design business, as well as teaching countless students over the past 35+ years about business and craft, I want to address what should be some of your key concerns and uncertainties. I want to share with you the kinds of things (specifically, a business mindset and confidence) it takes to start your own jewelry business, run it, anticipate risks and rewards, and lead it to a level of success you feel is right for you. I want to help you plan your road map.

I will explore answers to such questions as: How does someone get started marketing and selling their pieces? What business fundamentals need to be brought to the fore? How do you measure risk and return on investment? How does the creative person develop and maintain a passion for business? To what extent should business decisions affect artistic choices? What similar traits to successful jewelry designers do those in business share? How do you protect your intellectual property?

The major topics covered include,

1. Integrating Business With Design

2. Getting Started

3. Financial Management

4. Product Development, Creating Your Line, and Pricing

5. Marketing, Promotion, Branding

6. Selling

7. Professional Responsibilities and Strategic Planning

8. Professional Responsibilities and Gallery / Boutique Representation

9. Professional Responsibilities and Creating Your Necessary Written Documents

548pp, many images and diagrams
Kindle or Ebook or Print