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#734714 - 04/23/12 03:02 PM Re: A Word About Copying a Designer's Work [Re: ericader]
BeMyValentine Offline
Omniscient

Registered: 04/23/09
Posts: 2938
Loc: London, UK
Has every person that has an inspired setting ask the vendor/designer If they could copy it with some modification? Doubtful. Yet many have inspired settings, lots of people on these boards do.

Original work is practically non existent.

I feel bad for everyone around, but to be honest I feel really bad for the lady who has the "inferior" lily inspired DK ring.

Trashing her ring isn't gonna stop people from copying Lily.

She's discontinued anyway right? And there's no copyright?




Edited by BeMyValentine (04/23/12 03:08 PM)
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#734715 - 04/23/12 03:05 PM Re: A Word About Copying a Designer's Work [Re: braziliangirl]
ericader Offline
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Registered: 12/04/06
Posts: 2932
Loc: Seattle, WA
Originally Posted By: braziliangirl
Originally Posted By: ericader
DK's replica of our Lily incorporates zero design changes. It's exact in every element. Is it a copy or inspired-by?


back to subject I mentioned before..
not copyrighted, many many many out there doing the same thing, etc etc etc. It IS upsetting, but inevitable wink


So once our designs are copyrighted, you will agree that they shouldn't be replicated?
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#734717 - 04/23/12 03:06 PM Re: A Word About Copying a Designer's Work [Re: ericader]
BeMyValentine Offline
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Registered: 04/23/09
Posts: 2938
Loc: London, UK
Originally Posted By: ericader
DK's replica of our Lily incorporates zero design changes. It's exact in every element. Is it a copy or inspired-by?


Sorry, but i disagree, that ring we found online which flash pointed to is a closer match than this DK ring.
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#734719 - 04/23/12 03:08 PM Re: A Word About Copying a Designer's Work [Re: ericader]
Milady Offline
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Registered: 08/28/09
Posts: 3117
Loc: my computer
Originally Posted By: ericader
On a final note, one of the threads mentions that Milady gave her permission for David to copy Lily. We just want to reiterate that all of our signature settings are owned by JbEG and not the people who wear the rings. This is the case regardless of whether a design has been discontinued by JbEG, and will be the case even after we stop creating custom settings for the public.

Time out. This is NOT true even in the slightest sense. When I found out about the replica ring, it was already complete, donezo, finished. I had absolutely nothing to do with it and honestly, I assumed DK had permission to make it. I don't think I even asked the owner when she PM'd me. It was already done and about to be shipped so I didn't even think about it. My bad. The new owner only asked me permission to post pictures of the ring after she received it. I had nothing to do with it besides that so please don't drag my name into this. One of the things I love about my Lily (besides everything about the design) is how unique and special she is so I never would have approved it. Plus, I know that would never be my decision to make anyway so OF COURSE I would have told you about it if I knew you were in the dark, Erica.

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#734720 - 04/23/12 03:09 PM Re: A Word About Copying a Designer's Work [Re: ericader]
ericader Offline
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Registered: 12/04/06
Posts: 2932
Loc: Seattle, WA
With regards to copyrighting one's work, in the jewelery industry it's done as a deterrent, but very few designers actually go beyond a cease & desist letter with regards to enforcement.

This isn't about whether we have the legal right to sue or not. This is about professional courtesy. It says a lot about the integrity of a jeweler who is willing to copy another designer's work.

I've been a member and participant here for many years and have always supported sims, this community, and all of the people here. As I stated above, we have actually given permission to those who asked to make "inspired by" pieces. However DK's Lily is a replica with no design changes.

We're just broadly disappointed and want to make it known that our designs are in the process of being protected and, once that process is complete, we will be enforcing the copyright.

In addition, just because we are going to stop making the settings does not mean it's fair game to copy them. We still own them - our ownership of them does not end when we say we will temporarily or permanently stop making them.

Further, we are actually in discussions with 2 vendors about continuing the line through them so yes, there is an excellent possibility that our signature line will carry on via another avenue.

A little courtesy does go a long way.
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#734722 - 04/23/12 03:10 PM Re: A Word About Copying a Designer's Work [Re: ericader]
MissBrowner Offline
Ashaholic

Registered: 10/16/11
Posts: 354
I think you should be flattered.. I know I'm probably wrong but what is the difference between inspired and copied? You guys have an inspired Winston micropave.. I'm just confused I suppose.

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#734723 - 04/23/12 03:11 PM Re: A Word About Copying a Designer's Work [Re: BeMyValentine]
ericader Offline
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Registered: 12/04/06
Posts: 2932
Loc: Seattle, WA
Originally Posted By: BeMyValentine
Originally Posted By: ericader
DK's replica of our Lily incorporates zero design changes. It's exact in every element. Is it a copy or inspired-by?


Sorry, but i disagree, that ring we found online which flash pointed to is a closer match than this DK ring.


That's because they stole our CAD images. I contacted them and they were taken down. To my knowledge, they've never fabricated a ring, they simply photoshopped our images onto their site. That's why it was identical - same images.
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#734724 - 04/23/12 03:12 PM Re: A Word About Copying a Designer's Work [Re: ericader]
BeMyValentine Offline
Omniscient

Registered: 04/23/09
Posts: 2938
Loc: London, UK
This thread is really just leaving a bad taste in my mouth....

it is not an exact copy. Raise it with DK if there is a lack of professional courtesy... He doesn't even frequent the boards as far as I am aware.




Edited by BeMyValentine (04/23/12 03:13 PM)
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#734725 - 04/23/12 03:13 PM Re: A Word About Copying a Designer's Work [Re: ericader]
jcent Offline
BTD Crown Jewel

Registered: 03/01/11
Posts: 11359
Loc: Canada
I think in every business there are "rules" and this is one of those areas where some people see the ethical side of it, and view original jewelry designs as art. Legal and "right" are not the same. It is just a professional courtesy to make changes that make the ring distinguishable from the original.
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#734726 - 04/23/12 03:13 PM Re: A Word About Copying a Designer's Work [Re: ericader]
Asu Offline
Ashaholic

Registered: 02/15/09
Posts: 324
Loc: Italy
I am getting a replica setting,so I am kind of into this situation.Honestly,I don't feel "bad" or in the wrong for this.Replicas have been around for as long as originals anything have been around.Also,it's not like today there is anything that is truly completely new and never seen before.
I like the setting but I can't afford the original,not even in 20 years.Does that mean that I'm supposed to not have something I love just because I can't afford to have the "original" (I think branded is a better way to describe it...) one?It's not even isnpired,it's pretty much a perfect replica (one that moissy& co also sell).
Yeah,DK should maybe gave you an heads up on the Lily inspired ring,but the design it's not copyrighted,so to me it's pretty much a fair game.
I'm also pretty baffled by the fact that you are discontinuing your signature settings,but you are only now getting around to copyright them?Doesn't makes much sense to me.
EDIT:I see you are maybe going to continue making them.In this case,it makes sense.
Imho,if we really want to talk about this topic,then every single vendor on the board need to ditch every "inspired" or "replica" setting they sell before they post a negative opinion on the matter.


Edited by Asu (04/23/12 03:17 PM)
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