Jewelry Copyright Infringement
Last Updated: April 30, 2024
Jewelry is a subset of accessories to complete one’s look.
It acts as a means of self-expression that reflects one’s personality and symbolises culture and heritage.
It is understandable that individuals dedicate resources to finding jewelry that resonates with them. However, due to the growth of fast fashion and mass production, the jewelry industry has experienced a rise in copyright infringement cases .
Jewelry copyright infringement has become a significant concern for designers, creators, and consumers, ranging from copying designs to reproducing logos or trademarks without permission.
This blog will scout jewelry copyright infringement, analyse the legal consequences, and evaluate its impact on the industry as a whole.
Beyond the Obvious: Protecting Jewelry Designs Under Copyright Law
Have you ever considered that jewelry designs could be protected under copyright law?
The Copyright Act of 1957 may seem like an unlikely source of protection for jewelry, but it provides a broad scope of coverage for creative works.
Literary, musical, and artistic works are all covered under this Act, which includes “artistic craftsmanship” as a protected category.
This means that ornament designs, which require a high degree of artistry and craftsmanship, can be eligible for copyright protection .
While it may seem strange to think of jewelry in the same category as paintings and sculptures, the intricate designs and unique materials used in jewelry-making require a significant amount of creative effort.
Sketches and drawings of the designs of ornaments can be protected under copyright law, allowing designers to safeguard their creations from imitation or intentional copying.
Copyright Protection for Jewelry: Understanding the Term of Protection
Jewelry represents not only an emblem of beauty and adornment but also a medium for creative expression.
It embodies the vision and talent of its maker.
As such, copyright protection plays a crucial role in preserving the integrity of an ornament design and preventing unauthorised duplication or imitation.
However, it’s vital to understand that copyright protection has a limited duration.
Typically, the term of copyright protection for jewelry lasts for the life of the creator plus 50 years following their death.
This timeframe balances the perspectives of those advocating for perpetual copyright and those who view it as a personal right, that expires with the creator’s passing.
In India, for instance, the Copyright Act of 1957 offers protection to artistic works, including jewelry sketches.
These designs remain protected for 60 years from the beginning of the calendar year following the author’s demise. As a result, the work continues to be safeguarded long after the artist or designer has passed away.
Understanding the term copyright protection is essential for both creators and consumers within the jewelry industry.
It guarantees that the design remains protected throughout the creator’s lifetime and a reasonable period thereafter, enabling continued acknowledgment and appreciation of the creator’s vision and artistic contribution.
To Register or Not to Register
When it comes to jewelry copyright protection, designers and creators face the question of whether or not to register their work.
While copyright registration is optional, it’s essential to understand the benefits and implications of this process to make an informed decision.
Upon claiming copyright for a jewelry design, the creator can use the “?” symbol to indicate their ownership.
It’s important to note that jewelry copyright protection exists from the moment a design is fixed in a tangible form, such as when a sketch is completed.
The Copyright Act provides a prima facie presumption for particulars related to ornaments entered in the register of copyrights.
However, protectability under copyright law does not mandate registration. Instead, it offers additional benefits, such as creating a public record of ownership and making it easier to prove infringement in court.
For those who choose to register their jewelry designs, several steps must be followed.
This process includes filling out an application form, submitting a copy of the work, and paying the required fee.
Ultimately, the decision to register for copyright protection is up to the creator of the ornaments.
However, understanding the process and implications of registration is crucial for protecting the creativity and integrity of their work.
By weighing the benefits and potential challenges of registration, designers can make an informed choice that best suits their needs and safeguards their unique creations.
A Fine Line Between Copyright and Design Protection for Jewelry
Protecting jewelry designs can be a tricky business, as it involves understanding the nuances of both copyright law and design law.
To fully grasp their relationship, one must first understand the difference between artistic work and design.
Artistic work refers to paintings, sculptures, drawings, engravings, photographs, works of architecture, and other works of artistic craftsmanship.
Design, on the other hand, encompasses the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to an article by any industrial process or means.
Both copyright law and design law offer IP protection for jewelry, but each approach is distinct.
The former law protects the sketches of jewelry designs, whereas the latter Act safeguards the pattern and representation of jewelry.
A design registered under the Designs Act of 2000 does not qualify for protection under copyright law.
Moreover, if a design is capable of being registered under the Designs Act but isn’t, the copyright will expire as soon as the design has been reproduced over fifty times by the copyright holder or any licensee.
To summarise, the protection of ornaments design requires an understanding of the subtleties between copyright and design law.
By being knowledgeable about the differences and limitations of each, original producers, creators, and owners of ornaments can navigate the complex legal landscape and ensure that their designs are appropriately protected.
What is Jewelry copyright infringement?
Jewelry copyright infringement is a serious issue that can harm the creativity and hard work of designers and artisans who create original pieces of jewelry.
In simple terms, it means someone has copied or used a design or concept created by someone else without obtaining permission or giving credit to the original creator.
For instance, if an ornament designer creates a unique design for a necklace, and another person copies that design without permission and sells it as their own, that is an act of copyright infringement.
This not only deprives the original designer of the fruits of their labor but can also lead to legal consequences for the infringing party.
领英推荐
It is essential to understand that jewelry designs can be protected under copyright law like any other form of creative work.
Its designers invest a significant amount of time, effort, and resources in creating unique designs that reflect their artistic vision and skills.
Hence, they have the right to protect their designs from being copied or used without their permission.
If you are an ornament enthusiast or someone who appreciates the art of making jewelry, it is essential to be aware of its copyright infringement and the importance of respecting the intellectual property rights of original designers.
By doing so, you can contribute to a fair and ethical ornaments industry that recognises and celebrates creativity and originality.
Common Types of Jewelry Copyright Infringement
There are several common types of jewelry copyright infringement, including:
Direct Copying
This occurs when someone copies a jewelry design in its entirety without permission from the original designer.
For example, if a jewelry designer creates a unique pendant design, and someone else makes an exact replica and sells it without permission, this would be considered direct copying.
Substantial Similarity
This occurs when someone creates a design that is similar enough to an original design to be considered an infringement, even if it’s not an exact copy.
For example, if a jewelry designer creates a necklace with a specific arrangement of stones, and someone else creates a similar necklace with a slightly different arrangement of stones, this could be considered a substantial similarity.
Derivative Works
This occurs when someone creates a new work based on an existing copyrighted design without permission.
For example, if a jewelry designer creates a unique ring design and someone else creates a matching earring design that is clearly derived from the original ring design, this could be considered a derivative work .
Unlicensed use of copyrighted elements: This occurs when someone uses a copyrighted element of a jewelry design without permission.
For example, if a jewelry designer creates a necklace with a unique clasp design, and someone else creates a similar necklace but uses the same clasp design without permission, this would be considered unlicensed use of a copyrighted element.
Other Types of Jewelry Infringement
As jewelry design is becoming more and more popular, it is essential to understand the common types of jewelry infringement that designers and manufacturers should be aware of.
Here are some of the most common types of jewelry infringement:
Design Infringement
Design infringement occurs when someone copies or closely imitates a copyrighted jewelry design without the permission of the copyright owner.
This can include unauthorised reproduction of an entire design or only specific elements that are original and unique to the copyrighted work.
Trademark Infringement
Trademark infringement in the jewelry industry involves the unauthorised use of a protected logo, brand name, or design that is likely to cause confusion or deception among consumers.
This can occur when an infringing party uses a logo or name that is similar to a well-known brand or designer.
Trade Dress Infringement
Trade dress refers to the overall appearance of a product that serves as a distinct source identifier, including its packaging, design, and presentation.
In the context of jewelry, trade dress infringement can happen when an infringing party mimics the overall look and feel of a copyrighted jewelry piece or collection to mislead consumers into thinking the two products are related or from the same source.
For example, let’s say there’s a jewelry company that sells necklaces made of gold chains with a simple round pendant.
Now, the gold chains and round pendants on their own may not be unique enough to qualify for trade dress protection.
But let’s say the company also adds a unique charm to the simple design of that necklace, like a tiny seashell, and engraves their company name on the back of the pendant.
To establish claims for trade dress infringement, a plaintiff must prove two factors.
Patent Infringement
Although less common in the jewelry industry, patent infringement can occur when an infringing party uses a patented process, technique, or invention in the creation of ornaments without the permission of the patent holder.
This form of infringement is more prevalent in cases where a particular technology or innovation is used in the production or design of the jewelry.
Jewelry Copyright Infringement Cases
Case of Pranda Jewellery v. Aarya 24k
The case addressed a copyright dispute involving gold sheet articles featuring religious symbols and deities.
The Bombay High Court ruled that the replication of sketches in 3-D form as gold plates was safeguarded by copyright law.
The court emphasised that such gold plates constituted artistic work that was eligible for copyright protection.
Due to this, it was determined that the person bringing the copyright infringement lawsuit was the owner of the copyright over sketches that were reproduced on gold plates.
The court ruled that protection under design law was not applicable in this specific case.
This decision reaffirms the importance of copyright protection for artistic works and the need to respect the intellectual property rights of creators in the jewelry industry.
Please read the original version of this article on the Bytescare Blog to learn more about it.