CAD/CAM Dilemma : Who Owns This Design

Who are you picking in the super bowl?

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.

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 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.

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.

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?

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.

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

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

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.

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.

"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.