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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47415
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I asked a jeweller to create a ring for me using their

Customer Question

Hi
I asked a jeweller to create a ring for me using their bespoke ring design service. I told them exactly what I wanted, they drew up some designs which I then recreated and edited. I paid for the ring to be completely bespoke at a cost of £5,000.
They have subsequently taken the ring design that I sent to them and have added it to their collection of jewellery that can be purchased off the shelf.
Do I have any recourse as they have used my design?
Thanks
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

What have they said about this? Also, how ago did you notice that your design had been added to their collection?

Customer: replied 9 months ago.
They haven't said anything about it, I noticed it yesterday as they posted some photos on their social media accounts
Expert:  Ben Jones replied 9 months ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. This is essentially going to be a copyright issue and will centre around who has copyright over the design. This would be the person who was the original creator of the work in question. Looking at what happened here, the shop crated the original design and you used that to edit it and come up with the final design. Unless you had come up with something drastically different, which is clearly not linked to the original design, then you can try and argue that you had created your own design and as such automatically have copyright over it. However, if you had clearly used their original design and simply changed bits here and there but not enough to make it an original design which you can call your own, then it would simply be classified as derivative work and would not have its own copyright. Instead the copyright will belong to the shop as they were the ones who were the creators of the main design for the ring.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have if you do have your own original design for the ring, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 9 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 9 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.