[Jewelry making - Article 00867] - Re: [Orchid] Written code of ethics for jewelers

[Tamra M. Gentry]

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You know, Alis,

    Let's not just stop with the written code of ethics for jewelers.
    Please pardon me if this comes across as a rant, but I'm still
    recovering from seeing an instance of what MIGHT be an infringement
    on my logo this past weekend. I've just barely gotten started with
    "advertising" and having my stuff in the public domain although I've
    been working on it for a long time. I probably wouldn't even have my
    website up yet if it hadn't been for the strong encouragement of my
    husband. I wasn't ready, but then again, he knows me well enough to
    know that I tend to let things marinate a little longer than perhaps
    they need to. Hence, my stuff (logo, text, etc.) is "out." 

    I made a spur of the moment decision to attend an art show/fair this
    weekend. -not really much there, that is, not more than about 15
    booths. -and not many jewelry vendors, surprisingly. Lo and behold, I
    stumbled across the booth of a jewelry designer/artist with a "logo"
    VEERRRRY similar to mine. Scary similar to mine. The extent to which
    her "logo" was similar really shook me to my core. -funny, my
    adrenaline is up right now and my heart is racing just writing about
    it. I am SO proud of myself that I didn't show any kind of reaction.
    I just picked up her business card, kept "shopping," and kept my
    cool! I guess there really was no "reaction" to be had given that
    confronting her wouldn't have served a purpose at that point.

    The sharp-toothed business woman in me says that the design
    similarities couldn't be a coincidence, and then the regular everyday
    human being part of me wants to give her the benefit of the doubt. I
    did some research on her and found references to her as a jewelry
    artist, but found no prior association, use of, or reference to any
    of what I saw her using at the fair. Of course I expected that in
    time, in some form or another, intentional or not, something like
    this might happen, especially given that I'm ONLY referencing THE
    periodic table. However, my complete design is indeed "unique" and
    strong as I was told by my attorney, and I know for a fact that my
    logo has been approved for trademark registration, and I am hopefully
    in the home stretch of the entire process. In any case, I really
    wonder here, and am currently consulting with my attorney about the
    whole thing.

    It boggles my mind that people copy! Yeah, I know better, and I know
    it's been done throughout history in a variety of media, but it still
    dumbfounds me. I put a LOT of time, effort, creative energy,
    RESEARCH, and money into my logo and have the design seed, path and
    paper trail to back it up, and it pisses me off that somebody just up
    and "has it." Sounds a little naive sure, but I tend to dream of an
    ideal world----at the same time though, I ain't steeyuuupid, and I
    trust no one (and I jokingly smile as I say this---NOT TO BE TAKEN
    TOTALLY LITERALLY!).

    So I, personally, am not aware of a General Code of Ethics for (all)
    jewelers, but generally speaking a "code of ethics" should just
    simply be exercising common sense, courtesy and respect for other
    creative beings who have obviously taken the time to nurture an idea
    and bring it to fruition (and this is in any field. oh, and did I
    mention that I long for an ideal world???). I've made many a "copy"
    of a design throughout my learning process from a variety of books
    and magazines, and as I go on learning this craft I will continue to;
    however, I'd never claim the item as my own design. Even if
    permission has been granted to restyle and sell the piece, I'd feel
    like I was copying if I didn't give credit to the originator of the
    design or idea (this is just the way I, personally, feel about it).
    Otherwise, I usually either give the piece away (if it comes out
    ok). my mom LOVES this, scrap it for meltdown or refining, or just
    keep it. I just really like the idea of challenging my own creativity
    and seeing where an idea takes me. I don't even subscribe to all the
    periodicals that I used to for this reason---I don't want to directly
    be influenced by other people's designs. Nothing wrong with viewing
    other work for the purpose of being inspired, but I just like to
    focus on what I have in my creative bank more than anything else.

    I know there have been similar threads in the past dealing with this
    issue, but I think the visceral energy that was pent up inside from
    this weekend just needed to come out, and I needed to share with
    people I thought might understand. I normally would have just stayed
    quiet and not posted this at all as I tend toward the private side
    most of the time on such things, but this whole issue of copying just
    really bugs me. It seems that if one is creative enough to do jewelry
    (whatever that REALLY means), they should be creative enough to come
    up with their own ideas and design their own stuff. jewelry or
    otherwise. General processes and methods are one thing (unless
    they're prohibited from use by the claim of a patent), but somebody
    else's designs? Come on! However, I do acknowledge that people do
    somehow end up with similar "styles," etc. based on who taught them,
    how they were taught---or just because it happens. Oversimplification
    of the issue, I know. 

    Thanks for letting me rant. Not meaning to start any kind of
    brouhaha on the forum. just still kind of stunned from this weekend.
    I'll get over it soon, I know. I think I'm ready to take up archery
    now like I had been planning to do. ONLY for the mental/physical
    challenge, focus, and release, of course. :-) 

Tamra
Tamra M. Gentry
www.agjewelrydesign.com
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