they are physically or conceptually separable from the clothing and/or accessories. For a discussion of this issue, see Section 924.3(A).
908.2 Copyrightable Authorship in Jewelry
Jewelry designs may be created in a variety of ways, such as carving, cutting, molding, casting, or shaping the work, arranging the elements into an original combination, or decorating the work with pictorial matter, such as a drawing or etching.
The U.S. Copyright Office may register jewelry designs if they are sufficiently creative or expressive. The Office will not register pieces that, as a whole, do not satisfy this requirement, such as mere variations on a common or standardized design or familiar symbol, designs made up of only commonplace design elements arranged in a common or obvious manner, or any of the mechanical or utilitarian aspects of the jewelry. Common de minimis designs include solitaire rings, simple diamond stud earrings, plain bangle bracelets, simple hoop earrings, among other commonly used designs, settings, and gemstone cuts.
Examples:
• Janine Jackson creates a brooch consisting of three parallel rows of sapphires. The registration specialist will refuse registration because the design is common and there is only a de minimis amount of authorship in the arrangement of stones.
• Jeremiah Jones creates a necklace consisting of a standard cross on a black silk cord with a silver clasp. The registration specialist will refuse to register this work because it consists of functional elements [e.g., a silk cord and a silver clasp) and a familiar symbol (the standard cross).
908.3 Application Tips for Jewelry
When preparing the identifying material for a jewelry design (which may consist of photographs or drawings) the applicant should include all of the copyrightable elements that the applicant intends to register. This is important because the registration specialist can examine only the designs that are actually depicted in the identifying material. If the applicant wants the registration to cover more than just the face of a jewelry design, the identifying material should depict the design from different angles. Additionally, if the applicant wants the registration to cover part of the design or details that are relatively small, the applicant should make sure that those portions are clearly visible in the identifying material.
When evaluating a jewelry design for copyrightable authorship, the registration specialist will consider the design as a whole, rather than the component elements of the design. In making this determination, the specialist may consider the following aspects of a jewelry design:
• The shapes of the various elements [e.g., gemstones, beads, metal pieces, etc.).
Chapter 900 : 18
12/22/2014
