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A Girl's Best Friend

Diamonds may be a girl's best friend -- but when the girl is also a jewelry designer, copyright law runs  a close second.

A recent raid on several companies in New York's Diamond District resulted in the seizure of over 100 items alleged to be "substantially similar" to designs by Judith Ripka.

Lucky for Judith that she doesn't design clothes.  Why?  Because while the Copyright Office considers clothing to useful and thus excluded from copyright protection, jewelry is more like a sculpture or work of art -- and therefore copyrightable.  (No need to slap on a logo and turn to trademark law for protection, like clothing or handbag designers do.)

In the landmark case of Mazer v. Stein, 347 U.S. 201 (1954), the Supreme Court traced this protection for 3-D works of art, including sculpture, back to 1870.  Later Copyright Office regulations cited by the Court specifically included "works of artistic craftsmanship, in so far as their form but not their mechanical or utilitarian aspects are concerned, such as artistic jewelry...." (emphasis added). 

Of course, adding an adjective like "artistic" to describe copyrightable jewelry was an open invitation to argue about what is considered artistic and what isn't (with some interesting social class implications along the way) -- but that's a post for another day. 

In the meantime, enjoy your -- or Judith Ripka's -- copyright-protected bling!

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