Legal Question in Intellectual Property in California

Re: Ownership of visual art

Your issue comes under the general topic of copyright law. The creator of an original literary or artistic work is entitled to protection against unauthorized copying from the moment the work is fixed in "a tangible medium of expression." Sketches of a ring design that are sufficiently complete to allow a jeweler to quote on producing a sample would probably qualify.

The immediate protection afforded exists only until the work begins to be commercialized (published, sold, offered for sale) by its creator; thereafter, protection is lost unless the circle (c), date and copyright holder are identified on the work. At the stage you're talking about, this copyright marking material was probably not yet necessary.

At a later stage, you not only have to circle-(C) the work, you have to register as well. Usually actual registration is required before you can prosecute a copyright infringement case in federal court.

Whether the knockoff designs are so similar that you would have a strong case is another issue, well beyond the scope of this reply, as is the question of whether you could economically sue.

However, based on the information given, your legal rights appear to have been infringed. A starting point could be to demand that the manufacturing jeweler desist at once. Whether to take it up with a lawyer is an economic decision you may have to make subsequently.

You can get additional information at low cost from self-help law books (paperbacks) written to guide writers and artists through the copyright process.

Re: Ownership of visual art

Under current copyright law, you own the rights to your creation as soon as it is created, with no notice or other formalities required. An author is no longer required to put the familiar (c) symbol on the work to have protection.

The fact that you faxed the design to the jeweler (provided you have a fax confirmation), provides some evidence that the jeweler had access to your work. Whether the similarity in the design is coincidental is another question, and one that would no doubt be argued if you went to court.

As a first step in protecting your rights, you may want to send a letter to the jeweler telling him to "cease and desist" from using your design without permission or payment. That would at least open a dialogue. If you don't get the response you want, then you should consult an attorney competent in the area of copyright law.

This response is intended to give only general information, and should not be construed as legal advice. No attorney-client relationship is intended by this posting, and none should be inferred.