SPOTLIGHT ON ... ARTICLE
July 2006

How to Protect your Jewelry Designs
Written by: Lora Nigro

When I first became enamored with the art of beading I was a bit naive. I had imagined I was joining a sort of "we are the world" community where sharing and enabling one another was the way of life. After all, creativity is the muse of the divine and what could be more awe inspiring than the natural gemstones and multi-cultural beads that adorn our bodies and enrich our lives?

That was over a decade ago! Since then I have transitioned my hobby into a business and have discovered the golden rules... like never give away your sources and always safeguard your ideas. I learned that farmer's markets can be as competitive as corporate America and that art and craft shows can appear well, pretentious and dismissive of the "beaders" who get passed the juries. As those who aspire to make a living on their art are integrated in the trade, they gradually become aware of a shift in attitude. A little less "let me teach you how to do that" and a little more "get your camera away from my booth!" Why? Their livelihoods may depend on it.

Withholding can be a good thing. Still, thanks to the internet explosion, good will and cooperation continue to thrive in forums like the Soft Flex® Company where exchanging information produces a win-win scenario. However, with the plethora of independent jewelry designer web pages, one issue remains especially challenging. How does one prevent her masterpieces from being shipped off to sweat shops and into the bank accounts of merciless retailers? Following are a few steps you can take to ward off the thievery that makes the fashion-world-go-round!

Complexities of Intellectual Property

Recently I contacted a findings company with a NYC office to locate a specific component. I expressed to her that I was seeking to present a design concept that could result in a large quantity order. She immediately stopped me in mid-sentence.

"Make sure you get a patent before the meeting or they could beat you to the punch." I was not surprised by her urgent tone but alarmed none the less. I had planned to request the buyer to sign a standard Confidential Disclosure (available at http://www.ganoksin.com/borisat/nenam/dis_form.htm) which in theory would provide adequate security. However, I decided to investigate patents anyway. Here's what I found.

Paradox of Patents

The type of patent relating to bead artists is the design patent which covers the appearance or ornamentation of an invention. Companies like Tiffany and Rolex have utilized this patent for their signature jewelry and watches. A design patent filing fee is $165 with a 14 year term. For more information, just "google" design patent and start reading.

Of course, there is a catch! A competitor can make minor changes in size, color or shape to get around the patent. Also, if the patent holder updates the design, another patent must be filed. If you don't have access to a savvy attorney, this is probably not the best route to go.

Beauty of Copyright

There are several ways to discourage copy-cats with minimal effort. Simply add the copyright symbol (the letter "c" within a circle) and information to product tags, display signs and all printed promotional materials (© year, your company name). According to U.S. copyright law, the piece (or material object) is automatically protected upon creation and no further action is required. Webster Dictionary defines copyright as the exclusive legal right to reproduce, publish and sell the matter and form as of a literary, musical, or artistic work. If the notice of copyright is visible, then a defendant will not be able to make a claim of innocent infringement.

Watermarking your product photos (especially on the web) and branding your image or line with a creative logo and/or consistent color scheme will establish your identity in the public mind. Distributing postcards in local venues such as coffee shops and bookstores will reinforce it. The goal is for residents to make the connection between you and your unique style.

For the serious entrepreneur, there is an additional and somewhat painless measure to consider that entails registering a visual arts copyright to produce a public record of the copyright claim. Each design can be filed separately for a $45 fee or an entire collection can be submitted under one fee if there is a qualifying theme that ties it together. Details and forms at http://www.copyright.gov/circs/circ40.html

This is all well and good. However, enforcing copyright is another story! The bottom line of the emerging global market in which we live is this: once your design is revealed, you have a window of opportunity to capture your customers. If the design is good, people WILL steal it. The best you can do to survive is to be innovative, use quality materials and master your technique! That way, someone else can duplicate it but not quite as well. Finally, be sure to be prepared with your presentation and have all your ducks in a row before you put your business model out there for probing eyes. Often, you may feel uncomfortable when fellow designers linger too long at your display and ask questions that seem invasive. You may want to step around to the front of your table to gesture them away, while retaining your upbeat tone and casually changing the subject. This sends a friendly but territorial message that say's "don't mess with me!"

When it comes to business in general, I often confer to a Native American proverb. "If one is as wise as a serpent, she can afford to be as harmless as a dove." Wisdom is the gift of experience (and that may mean getting burned a few times!) Thus, I am coming full circle to the artist who once fell in love with her craft. One CAN be street smart yet keep her soul in the game of commerce by maintaining a fresh and superior product and service that turn "be-backers" into faithful and satisfied clientele.