"An originator's idea becomes an artist's sketch which becomes a designer's data image file and a service bureau's wax and then a caster's master and a polisher's pride and on to be the stone setter's passion and then to be the jeweler's secret masterpiece and eventually end up displayed by the client at the annual ball. How does this publicly shared art remain a secret or be protected. I say it cannot be protected and it should not be and each original design has it's own moment of life only to be imitated in the future. But the original still has it's place and that detail will never be copied because the workmanship of those who made it first have their memories.

Steve,
If the designer of the piece pays each person along the path from concept to finished piece, then the design definitely belongs 100% to the designer. I have traded some of my fees for a "part of the action" when helping start up companies develope thier products. In these instances, we have an agreement prior to starting the project as to how each person is ultimately going to be compensated for thier work.
As we all know, the jewelry industry has always been one of trust and basicly that is what it all boils down to. You can have people sign nondisclosure agreements all you want, but in the end, you can only protect a design so much.

Steve,
I am happy to see you start this blog. You are a great resource for industry information. I for one would like to see future discussions/comments about the nuts and bolts of prototyping in all of its forms as well as discussions of such issues as type of technology for specific jobs and scaling up for same.

This could be an interesting topic for Peter Berger, the IP attorney who is JCK's legal columnist, to address in a future topic!

The consumer who came up with the design should own the copyright.
The rest of the chain is doing work for hire.

Hedda a legal opinion would be great.
Storm it is not so simple. copy right is not design right.
tthere is a formal design patent protection method which covers limited options in USA (boat hulls etc), and virtually nothing in most other countries.

The whole thing is a night mare. I believe electrical circuts are covered under copyrigh, as is music. Registration only achieves a govt backed priority to make legal action simpler for the judge. simply writting the C like an @ (c) etc warns people (for free) that you will get nasty, but copy right is a given right in almost every country while you are alive.

The sole owner of the design is the designer only if he is freelance. It is the of the employer if it is designed during labour time and pay. If you look at a Frank Gehry building, it is his design and not the concrete man, the constructor or the window washer. I believe it is that simple.
But to fight for your right is another thing. Most of the time it is not worth expensive legal battles over it, unless your name is Cartier or so.

You own a custom retail store and a customer hands you a page out of Brides and asks you "Can you make this?" What do you do? Who owns the Intellectual Property?

What design is original anymore?
He who has the most money and balls to get their product out there in a big way usually is the one who wins?
Thats of course If It sells!
Once and a while I guess is acceptable but no one should make a buisiness out of other peoples designs.

I have always wondered about this as I have designed/sketched many of the jewelry items I have today and I prefer them not to be copied but there is really no legal ownership even though I designed it.

Recently a toy company was sued for producing what Mattel claimed was the product of a former toy designer who later went to work for a competitor and produced the "Bratz" dolls. Because the product was similar enough to a concept the designer had come up with while working for Mattel, Mattel prevailed in court. So the person who commented that a design created while employed on company time belongs to the company is correct (unless otherwise specified under contract).

By contrast, a unique design created by a customer is his or her copyright -- whether he or she formally registers it or not -- and anyone else involved in the process is doing work for hire, which does not entitle them to the rights anymore than a construction contractor can claim credit for an architect's design.

On the other hand, if the customer comes in with a page from a fashion magazine and requests a copy of a designer ring, it is a potential infringement if the result is an exact replica. But herein lies a potential caveat: Replicas are rarely achieved when recreated from a picture that does not show all the relevant angles. Consequently, if the item in question is not an identical copy, it may be viewed as a derivative or "inspired" work, which could be derided as a "knockoff" but may not necessarily be illegal. If, on the other hand, the manufacturer stamp is falsified to make it appear that it is an original Tiffany Co. or Cartier or the like, then it becomes a bona fide replica or counterfeit, which is illegal across the board.

To win an infringement case on the grounds that a knockoff is too similar to the original, the originator of the design must prove that the two designs could be confused with one another, thereby cutting into the originator's identity and profitability in the marketplace (a burden-of-proof that may be much easier for a nationally known name such as Tiffany Co. or Cartier, and almost impossible for the small-time designer). Finally, as someone else pointed out, it is very costly to pursue these cases, hence it is rare that anyone will -- although technically they can.

I have a design, it's unique and I want to take step one. I believe the market would be very receptive, I'm a rookie, where do I start? Who do I use? Copy Right? Patent? This could be an exciting piece.

Who are you picking in the super bowl?