[Jewelry making - Article 00059] - Re: [Orchid] Copyright my line?

[James White]

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>         Oh I should add that all work is copyrighted. 

    Well, not all "work." But works of artistic expression are. 

>     But filing a copyright notice with the copyright office 

    You don't "file notice" with the Copyright Office, you REGISTER your
    copyright with them. You provide notice by using "Copyright [or
    C-in-a-circle] year name" (or appropriate abbreviated version for
    jewelry) on (generally) the item or its tangible form. The work, the
    copyright (and its various separate rights), the notice, the
    registration, and the enforcement are all related but, make no
    mistake, each separate concepts. 

>     allows a person/company to seek redress in attorney's fees and
>     damages if infringed upon. 

    You do have some rights without registration but you have more and
    better ones with registration and they are better still if the
    registration is done within 3 months of first "publication," whatever
    that might legally mean in the case of a jewelry work, and/or before
    infringement and/or before suit. The law is specifically written to
    encourage proper notification and timely registration but it doesn't
    leave you out in the cold completely if you don't. 

>     It also provides the legal grounds to prevent importation of
>     infringing goods (at least I think that is the case). 

    Yes, you can get Customs to (hopefully) stop importation of
    infringing goods but first you must get an exclusion order issued to
    them by the U.S. International Trade Commission and that can only be
    done AFTER you've first made your own attempts to stop the
    infringement (and you do a bunch of government paperwork). 

James E. White
Inventor, Marketer, and Author of "Will It Sell? How to Determine If
Your Invention Is Profitably Marketable (Before Wasting Money on a
Patent)"  Info Sites:   www.willitsell.com    www.inventorhome.com,
www.idearights.com www.taletyano.com www.booksforinventors.com

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