Jewelry Designs can be copyrighted Reply

The US Copyright Office provides copyright registration for original jewelry designs. While reading a recent article about an alleged copyright infringement of jewelry designs by Urban Outfitter in The Columbia Spectator… the article makes the assumption that jewelry designs are ineligible for copyright registration and protection because they are “fashion designs.” This is not the case, folks. Original jewelry designs are eligible for copyright registration and protection. [Note that Originality is Key].

Jewelry Designs ≠ Fashion Designs

Currently the US Copyright Office (when it’s not closed due to the Government Shutdown) provides copyright registration for original jewelry design as a “work of the visual arts.” The US Copyright Office eCO application defines jewelry design as follows:

Jewelry design includes 3-dimensional designs applied to rings, pendants, earrings, necklaces, and the like.

Fashion Designs are another story. Copyright registration of original fashion designs is currently being considered in the Innovative Design Protection Act.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also, the US Copyright Office definitions at http://www.copyright.gov/eco/help-author.html#visual; other blog posts on copyright registration of original works; @iplegalfreebies and www.kasterlegal.com.

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