By registering your designs before they are published, you can include up to ten pieces of unpublished jewelry designs in one application, as long as they have the same owner.
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Although a copyright owner is entitled to the same remedies if the registration is procured before the infringement begins, it is highly advisable to file the application as soon as possible. The sooner a jewelry designer applies for copyright protection the better.
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If the copyright application is filed within the first three months from the publication date, the designer is entitled to statutory damages of up to $150,000 for willful infringement, plus attorney’s fees.In addition to being mandatory before filing a copyright infringement lawsuit, a copyright registration provides the following advantages: A copyright registration application is relatively inexpensive and affords numerous benefits. While copyright protection extends as soon as the jewelry is created, to file a lawsuit and to receive statutory damages awards and attorney’s fees, you must have a copyright registration certificate. To qualify for copyright protection, the jewelry design must be original, meaning independently created by the designer and not copied from another’s design, and the level of creativity required to qualify for protection is minimal. The manufacturer’s name should be searched at the US Copyright Office to find a list of copyright registrations that may cover the jewelry designs.īecause jewelry designs are protected by copyright law, jewelers and designers need to protect their valuable creations to prevent copying and knockoffs. To reduce the risk of copyright infringement, jewelers and jewelry designers should conduct reverse image searches on designs used for inspiration. Heidi Klum was sued for copyright infringement by Van Cleef & Arpels for allegedly copying the Alhambra jewelry design, Drake was accused of copying a diamond adorned owl pendant given to him by a jeweler, and Nasty Gal’s jewelry designs are accused of infringing Pamela Love’s copyrights. Just ask Drake, Heidi Klum, and Nasty Gal who were all sued for copyright infringement by jewelry designers! Copyright law protects jewelry designs and copyright registrations are used to takedown infringing jewelry from Amazon and other platforms.
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