[Jewelry making - Article 00339] - Re: [Orchid] Design and Reproduction Ethics

[R . E . Rourke]

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    Sorry but any band of any combination of metals with x number of
    diamonds, stones, whatever isn't copyrightable..that's like asking
    if a #8 paper bag can be copyrighted..however, stealing a design that
    is unique, trademarked ( that means registered with all governing
    authorities of x country/state and local jurisdiction as required by
    the laws of wherever the designer is domiciled) and recognised in the
    common market is illegal and unethical at least. 

    As far as your feelings:", it looks just like her work - she has a
    very distinctive style. I felt a little funny about it".. sounds
    like what used to be called "neutralization " respective of social
    morays and/or laws, in the science of sociology..like running a red
    light because it's 3am and no one's around..it isn't legal but one
    chooses to neutralize that knowledge that you are doing something
    "wrong" for convenience..or in this case to save a few bucks ( or
    many) and because you wanted more stones included than were on the
    rings offered at the store..The store's ethics could then be called
    into question. I feel certain that if the designer that is
    essentially paying for that store to market her work is copying and
    reselling her designs- modified, rather than asking that designer to
    fabricate a ring with the desired number of stones She should be made
    aware of what they are doing and take her products elsewhere..I
    certainly would have had a non-competition agreement with them
    stating that they may not reproduce unique designs without permission
    at the very least. Or if the designer negotiaties with a store that
    the reseller may reproduce a given line the designer usually gets a
    percentage of the profits from their marketing her work..Because you
    can reproduce a design to make a sale doesn't mean that it is right
    or acceptable business practice.
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