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Copyright Myth - Jewelry Cannot Be Copyrighted


MYTH: Jewelry cannot be copyrighted, especially if it just uses mass-produced components from craft stores.


Jury Says: FALSE. I am not sure where this myth originated but I saw it expressed quite a bit when I used to frequent craft-related forums. It is 100% false. Jewelry may express the artistic conception of its “author” no less than a painting or a statue. Original individual expression...is entitled to copyright protection...” and jewelry is no different. [1]


Also, the material used to make the jewelry is generally not relevant to whether a piece is copyrightable. If a design is contains enough creativity, it can be registered despite the fact that it uses common or mass-produced components. “As a general rule, the materials used to create a work have no bearing on the originality analysis.”[2] The arrangement of the items is the key to whether the piece is original enough to be copyrighted.


However, common, standard, simple or obvious designs are not copyrightable. This may include, for instance, a string of pearls, hoop earrings, a symmetrical arrangement of beads, bangle bracelets, a solitaire ring, a simple cross necklace, etc. [3]


[1] Trifari, Krussman & Fishel, Inc. v. Charel Co., 134 F. Supp. 551 (S.D.N.Y. 1955) citations omitted

[2] U.S. Copyright Office, Compendium of U.S. Copyright Office Practices § 310.9 (3d ed. 2017).

[3] Compendium § 313.4(B).








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