Comments on: Is It OK to Copy a Necklace Design and Donate It to a Charity?

By: Jackie

Jackie — Wed, 15 Jun 2016 02:57:53 +0000

I’m glad I read this. It is very valuable information.

By: Jim Horth

Jim Horth — Wed, 01 Jun 2016 14:13:35 +0000

How-to-books that contain original designs are not public domain – they are still copyrighted. Look in the book, usually the inside cover or under the artist’s intro and you should find a statement, either you may not reproduce these to sell or the artist giving you permission (since you purchased the book) to reproduce their designs for sale. The same would apply to patterns. If you don’t find such a statement, contact the artist and ask permission. And Rena is correct, if you can’t reach the artist, don’t do it. And to change a design to avoid copyright infringement, you must make significant changes as Joey said above; depending on a court decision (if it ever came down to that) this could mean up to 90% different! And unfortunately, that same court wouldn’t care if you made it to sell or donated to a charity – copyright infringement is still the same. My advice: Giving the charity a marketing standpoint of an “original piece” designed by you could draw a lot more interest and more financial benefit to the charity.

By: Sherry

Sherry — Wed, 01 Jun 2016 03:11:39 +0000

Thanks so much for the advice and input. I would definitely need to say “inspired by”. I don’t plan on using the exact design, but enough that I need to give credit to the designer. My understanding is if you use designs in a how-to guide it is public domain. On art canvass I mention the teacher even if I based my version loosely (changing the colors and slight changes in composition) on the guide. I do have some good jewelry designs of my own to use. Thank you all.

By: Dianne H

Dianne H — Tue, 31 May 2016 23:40:57 +0000

What about designs that come from “how-to” books? To learn the skills you have to make the item. Do the designers expect everyone to make these items and not sell or donate them? I understand they would have to receive credit for the design. I have also taken classes where the instructor has used an item taken from a book he/she has published. These books are widely distributed. Wouldn’t this be considered public domain?

By: Virginia Vivier

Virginia Vivier — Tue, 31 May 2016 17:23:25 +0000

I agree with Rena. If you copied the design and donated it, the person who wound up wearing it could be challenged by the original Designer without realizing it was a “copy.” So, NOT good to put the ultimate owner in that position.

By: Joey

Joey — Tue, 31 May 2016 16:15:23 +0000

If you use the original design, please change it substantially, which means more than 10%, more like 60%. Make it your own.

By: Julie

Julie — Tue, 31 May 2016 13:10:08 +0000

The general rule is if you create a piece based on someone’s pattern, that piece is yours to do with what you will…what’s not yours is the design, that should always be credited to the designer. Many of us buy each other’s patterns and sell the finished products with credit to the pattern designer.

By: Mimi A

Mimi A — Tue, 31 May 2016 12:56:56 +0000

If possible, make the design your own….noodle around with some of the elements and, in the description, write “inspired by X”.

By: Rena Klingenberg

Rena Klingenberg — Tue, 31 May 2016 11:56:09 +0000

Hi Sherry, the best approach would be to contact the artist about what you’d like to do, and see what he /she says. Some artists would be OK with it, but others would NOT be OK with it.

However, if you don’t have any way to contact the original artist, I would stay on the safe side and not replicate the necklace, even if the piece will be donated for a good cause.

Also, designing a jewelry item of your own to donate to this charity will probably turn out a very cool piece!