Comments on: Is it OK to Describe an Artist’s Jewelry Design, with Intent to Have Another Jeweler Create a Replica? https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/ free jewelry tutorials, plus a friendly community sharing creative ideas for making and selling jewelry. Thu, 06 Aug 2020 13:37:03 +0000 hourly 1 https://wordpress.org/?v=5.7.15 By: Elizabeth Morgan https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-616053 Thu, 06 Aug 2020 13:37:03 +0000 https://jewelrymakingjournal.com/?p=61177#comment-616053 I don’t sell my jewelry, I only make it for myself as a hobby. I do go on Pinterest and get ideas for my jewelry all the time but I would never make an exact replica, call it my own, and sell it, that is stealing. And asking someone to make an exact replica to sell to you is stealing too. However, there is a antique or age clause in there somewhere, I think, and I’m not exactly sure how it works, but after a certain amount of time a piece is copyright free. Don’t quote me on that, not exactly sure how it works but I know it exists.

]]> By: A Friel https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615893 Sun, 02 Aug 2020 19:52:32 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615893 I think it is an ethical question and not about “getting caught.” I don’t see a problem with being inspired by a design to create something that is an homage to the original design but not an outright copy. Now, even more than ever, we need to do the right thing.

]]> By: Mary Anne https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615442 Wed, 15 Jul 2020 15:36:40 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615442 Doesn’t matter if the artisan did not respond. Describing a piece and having it copied can get you into legal hot water later. On top, It’s ethically, and morally wrong. I would try to contact the artist in the future (give it some time) , but if you cannot reach them, then move on. There is a world of wonderful work by talented artisans out there.

A few times I have contacted someone and they have had a variety of reasonable reasons why they will not, or cannot make a piece again. I respect them, and would never copy their work. I also have also been asked to copy more expensive work, and I declined the job. My work has also been copied (I was told to my face), and I didn’t like that.

]]> By: Catherine Campaigne https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615059 Thu, 02 Jul 2020 21:12:57 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615059 This is an interesting conversation! I am in an art group and my deadline for showing was coming up and I was totally out of ideas. I went on Pinterest to find things I liked and made my own versions of them, but the design was pretty similar. I was unsure about this, certainly not calling it my design, but I was the one who made it. I was told that “nothing is original,” and “artists copy other artists all the time,” etc. So. I would be curious what a lawyer would say, as I am unclear about the legalities. Morally/ethically, I get that we all don’t like it when we see our hard-thought-out designs copied elsewhere, but when we put them out in the world, I believe that possibility is very real.

]]> By: KN https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615052 Wed, 01 Jul 2020 18:10:32 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615052 just go for it…there is only so much originality rest is coping with mild modifications…calling it inspiration

]]> By: Sally https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615042 Tue, 30 Jun 2020 21:20:15 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615042 No, without the copy write and the original artist’s release you are asking another artist to plagiarize. And that is very illegal. Even if the original creation is not copy written it is very disrespectful to ask another artist to replicate it. One cannot always have everything one wants. Art is a piece of that Artist. And any artist replicating another Artist work is no different than robbing a fellow artist.

]]> By: RMax Breaux https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615032 Tue, 30 Jun 2020 17:40:39 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615032 In reply to Teresa R.

As a Designer/Maker, I would be filing in court. If you go to ANYONE else to have my copyrighted design replicated, I would be filing against both of you for violation of copyright.
Being inspired by another design is one thing, “copying the piece”, whether or not you claim the design as yours or not is unethical.

]]> By: Monica https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615029 Tue, 30 Jun 2020 16:37:49 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615029 No! The artist owns the original design they have created. I would not replicate a piece for a client. I would ask the client to try to contact the original artist again. If for some reason they can not replicate their piece, I would consider making a similar style, but not the exact piece for the client.

]]> By: Lynn https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615028 Tue, 30 Jun 2020 16:29:10 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615028 Asking someone to duplicate another artist’s design is a violation of that artist’s copyright. Her design can serve as the inspiration for another, substantially different design created by your friend, but copying another’s work is, under the law, considered theft of their intellectual property.

]]> By: Teresa R https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615017 Tue, 30 Jun 2020 14:02:30 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615017 Since you did not get a response to your inquiry, then I think it’s perfectly fine. It’s not as if the artist you are planning to talk to is copying the piece and selling it as her/his own design.

]]> By: Debra Lowe https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615013 Tue, 30 Jun 2020 13:58:13 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615013 Totally agree with thebeadedlily, not kosher. I’d try again to contact the artist and explain you want to buy it, if not available, maybe she’ll make something for you.

]]> By: Diana M Pucci https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615008 Tue, 30 Jun 2020 13:50:44 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615008 Under the current situation with the Pandemic, I would wait, the original designer may be sick or taking care of someone who is. If after a reasonable time, maybe 6 months, then try thebeadedlily’s idea. Don’t expect a replica of what you saw, just something inspired by the idea. You may even like it better as your input will be part of the new design.

]]> By: Dianne https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-615003 Tue, 30 Jun 2020 13:20:13 +0000 https://jewelrymakingjournal.com/?p=61177#comment-615003 I agree with thebeadedlily. Personally, I would never agree to copy someone else’s work for a client unless, as stated above it was a rather generic request. For me, it’s not really a question of the legality or the other artist “finding out”. It’s more of an ethical and moral question.

]]> By: AlisonB https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-614998 Tue, 30 Jun 2020 12:54:19 +0000 https://jewelrymakingjournal.com/?p=61177#comment-614998 In reply to thebeadedlily.

I agree. It would very much depend on the piece. That said I’m not sure the original designer could do much about a piece being copied. Plus what is the chance of them finding out? Personally I have copied designs in the past, but these were pretty generic pieces with no designer’s signatory elements.

]]> By: thebeadedlily https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-614996 Tue, 30 Jun 2020 12:22:11 +0000 https://jewelrymakingjournal.com/?p=61177#comment-614996 Possibly. If this is something you can describe then it’s probably not going to step on toes. “I need large square hoops in gold fill.” Or, “I’d like a peridot necklace with an owl pendant.” Whereas showing someone a beadwoven original and asking them to copy it, not so kosher.

]]> By: DCinDC https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-614992 Tue, 30 Jun 2020 11:11:36 +0000 https://jewelrymakingjournal.com/?p=61177#comment-614992 In reply to Joanie.

She did say she tried to contact the designer and got no response.

]]> By: Joanie https://jewelrymakingjournal.com/is-it-ok-to-describe-an-artists-jewelry-design-with-intent-to-have-another-jeweler-create-a-replica/#comment-614987 Tue, 30 Jun 2020 10:54:40 +0000 https://jewelrymakingjournal.com/?p=61177#comment-614987 May I ask why you wouldn’t just buy the piece from the original maker?

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