Fejka den perfekta ringen?
Upphovsrätten gäller även smycken, oavsett om man har mönsterskyddat dem eller inte.
Upphovsrätten gäller även smycken, oavsett om man har mönsterskyddat dem eller inte.
Upphovsrätten gäller överallt, jämför t.ex. med musik. Svensk låtskrivare har rätt till sin låt även i Tyskland.
Jag bifogar en text från tidningen ArtJewelry för den som är intresserad att läsa mer:
"One of the most common questions I receive from readers is about copyrights - specifically, whether or not readers can reproduce the projects that appear in Art Jewelry magazine. Obviously, we wouldn't print step-by-step instructions if we didn't hope that our readers would make the pieces, but how far are readers allowed to go? Can they sell the pieces they make? Once they've learned the technique, can they teach a class in that technique?
The shortest (and safest) answer is no. The long answer is: It depends on whether it's a technique or a design. Copyright is a magical thing. It comes into being, fully formed, as soon as an artist has created a piece; the artist doesn't have to file official paperwork or attach a © to his or her piece. An idea or a concept cannot be copyrighted, but as soon as that idea has culminated in a concrete piece of artwork, the design of that artwork belongs to the artist. So, by all means, make that lovely necklace you've made from instructions you found in Art Jewelry. And wear it proudly, or give it as a gift. But don't offer it on your etsy.com store, or teach a class on how to make it. Instead, take a technique you've learned from that project -- that cool way of making cold connection, for example -- and use it in a design of your own. If you want to teach the necklace in a class, contact the magazine and the artist/designer of the piece, and ask permission.
How much do you need to alter a design in order to make it your own? There's a common truism that if you alter 10% of a design, it's sufficiently different to sell as your own. I've heard this as 20% and 30% as well. As with many truisms, however, it's not exactly true. You'd be safer to estimate if only 10% of your design is the same as the original, then you can call the new design your own.
There are many techniques that we teach in our pages that aren't copyrightable. Many forms of chain mail, for example, are now beyond copyright, because they've been a staple technique for so long. Any artist who tried to claim copyright on a Byzantine chain, for example, would fare poorly in court.
And as far as copying pages out of Art Jewelry and passing them around or posting them online? That's off limits without our permission. A very quick rule of thumb: The designer owns the design of the piece of jewelry, and can sell it and teach it and profit from it. We, the magazine, own the printed version of the project -- that's the "piece" that we'vecreated -- and it's subject to our copyright.
If you want to read a bit more about copyright, here are a couple of sources: First of all, our sister publication, Bead&Button, produced a single-page article that covers the basics. And there's a good "Copyright for Artists FAQ" located here. It was written for painters, but the standards hold true for jewelry makers as well.
Hazel Wheaton
Editor, Art Jewelry"