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Re: [Orchid] Custom jewelry and design ownership  
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From: Daniel Spirer
Date: Tue Apr 26 00:17:01 2005
 
     
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    I always have believed that, with the exception of when some large
    company with already existing copyrights on a design is your customer
    (like if McDonalds came to you and said they wanted you to make a pin
    of Ronald McDonald), that all designs are owned by you the maker.
    Since it is always your interpretation of any design you produce, you
    own it. That being said, I offer a two tiered approach in which there
    is one price for a custom design that I retain the mold on and a much
    higher price if someone wants to buy the mold. (In reality there is
    kind of a three tiered approach as I tend to charge more for a design
    I know no one else would ever buy and that wouldn't do me any good in
    the future, but it's not as much as if they want to buy the mold.) 
    We do make the customers sign an agreement that states the policy
    quite clearly and we are very up front about it (which is the
    critical thing here).  But here's the interesting fact.  In all of
    the years I have retailed I have never had anyone pay the price to
    buy a mold.  Never. 

    In terms of the original poster's question, I think that you should
    go back to your customers (since you had nothing in writing when you
    agreed to do the jobs) and ask them if they would mind your reusing
    them first.  It might make them feel even better about your designs.
    If they say no you can then decide how important they will be to
    your future and whether irritating them is going to cost you more
    than it's worth. 

Daniel R. Spirer, G.G.
Daniel R. Spirer Jewelers, LLC
1780 Massachusetts Ave.
Cambridge, MA 02140
daniel AT spirerjewelers.com
www.spirerjewelers.com

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