Popular Jeweler is selling my custom made ring

[GoldfishPie]

Hi all,

A popular (on Etsy, instagram, and Google) jeweler that specializes in antique and vintage styled jewelry is selling my ring design with no changes or edits. I have the hand-drawn sketches I made and all of the emails back and forth perfecting the design. On one hand, it’s flattering to see them selling it, but on the other hand, I feel like they should have asked me or compensated me or something! What do you all think?

 

[yssie]

Did they make the ring?

Or are they selling a custom design that another vendor manufactured?

 

[Karl_K]

Unfortunately its standard industry practice to treat a design based on customer prompts to be the property of the jeweler if its who made your ring.
The exception would be a work for hire contract then the client owns the rights.
Honestly I think this is wrong but no clue how the courts would see it. Not a lawyer this is not legal advise,,,,,,

 

[GoldfishPie]

Unfortunately its standard industry practice to treat a design based on customer prompts to be the property of the jeweler if its who made your ring.
The exception would be a work for hire contract then the client owns the rights.
Honestly I think this is wrong but no clue how the courts would see it. Not a lawyer this is not legal advise,,,,,,

I figured as much. Thank you! I do enjoy seeing them advertise it, even if stings a little…

 

[GoldfishPie]

Did they make the ring?

Or are they selling a custom design that another vendor manufactured?

Yes they did make the ring. I have version #1! First ever created for the design.

 

[Ibrakeforpossums]

Ouch. You could probably make them uncomfortable.

 

[yssie]

My 2c:
When two entities collaborate on a piece (like a consumer with a design and a manufacturer with the ability to bring it to life)... Unless there was specific prior agreement - the result is a shared success that both parties are entitled to profit from if they wish to.

Now if another vendor had remade the design that you and your jeweller created sans permission... Different story.

Again. Just my 2c.

 

[Rebel Rebel]

Around 1998, a wedding band design came to me in a dream and I commissioned a one-man, independent jeweler in NY to create it. It was a rounded yellow gold band with embedded diamonds sprinkled throughout.

About two years later, the Tiffany Etoile came out.

I have no idea if the original jeweler ever recreated my design, but I sure missed an opportunity!

 

[Dreamer_D]

I have co-created two rings designs with two different vendors that went on to become very popular styles that many others have purchased. It was a co-creation, even if I approached the vendors with my ideas. Dismissing the input of the vendor in the design simply because I came to them with the initial idea reminds me a lot of graduate students who cannot fully perceive the contributions I might make to their projects as a supervisor… mostly because they don’t fully see the entirely of the process due to their inexperience, and also because my guidance is skillfully done. But my influence is still present and I still retain intellectual co-ownership of the resulting paper.