Can anyone out there answer this??

[opie]

I created a jewelry design that I did not protect and the other day was leafing through a jewelry magazine and saw my design. I doubt this person copied it, as I never really showed it to anyone, but here's my question - I wish to sell this creation and am wondering since this other person created the same thing, if I can legally make and sell this design. I'm assuming that there was a copyright on the photo, but wouldn't she have to have a patent design on this in order to prevent others from creating this design? I guess that's what my question really boils down to - if she does not have a patent on the design, and I have looked high and low and have not seen one, then can I legally sell this design? I am planning on hopefully selling nationwide. By the way, I have no way of proving when I came up with this design. If anyone can answer this, I would be eternally grateful! Thanks, and have a good one...

opie

You also have a copyright by law when you created your work--but you may have to prove when and if you really did create it if you were to be taken to court. So save all proof etc.

Contact WLD if you need further help.

[opie]

Thanks for your reply. One more question - I thought a copyright only covered things like music, screenplays, books, photos, etc. Does it actually cover a jewelry design as well? I thought a patent would cover a jewelry design.