Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
a patent would not apply, but the original and creative aspects of the work may be protected by copyright
it would protect from exact or substantially similar "copying" by others. Of course, the less original/creative the work is, the harder it is to show infringement.
even though it will be "jewelry" sold to public a copyright will be enough for someone to not be able to reproduce the same?
should i keep a journal as to when i started the creation should i need in the future -
but remember, copyright protects from actual copying, not from someone else who comes up with something similar on their own. since millions of pieces of jewlery have been made over the years, there will be a lot already out there and a lot of similar works, so the copying would have to be nearly exact depending on the type of work
yes a journal is a good idea
so i can copyright that item, and trademark the name - and there is no protection for "similarities" correct ?
yes you can TM the name. protection for "similarities" is not likely, but general statements like that cannot be made because it depends on a variety of factors. also, copyright law is very subjective and there are no clear cut rules or guidelines.
I was hoping for better protection, but if my item doesn't qualify-it just doesn't. Thanks so much for your help.
sure, it all comes down to whether the "ordinary observer" looking at your work and the copycat work would believe that substantial copyright-protected aspects were copied.
best of luck
the standard for copyright infringement is "substantial similarity"
of course that is with respect to original/creative aspects, not generic aspects that have already been around
you really clarified some things for me...awesome !
Thanks again !