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A UNIQUE ETHOS » TERMS
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COPYRIGHT
Laibach
Design Copyright Conditions
Kerstin Laibach is
rare amongst designer goldsmiths by risking publication of her
designs (including illustrated designs) in quantity for public
internet viewing, including pre-publication designs sent to potential
customers for their perusal. Most designers have traditionally
kept a tight disclosure control
to reduce the risk of copying or plagiarizing. However,
with a web presence serving customers in all corners
of the globe, potential clients need to be offered a broad choice
of which designer pieces are available or realizable via photos
or illustrations. Because of this online method of design disclosure,
Atelier Laibach has laid out the following conditions to enable
customers and site visitors to understand the basics of strict
copyright control by Kerstin Laibach.
The final payment
invoice to Laibach customers notes the condition category (from
A to F) of the piece they have purchased. A web page link is also
provided so that customers can be reminded of these design copyright
conditions. You also agree to the conditions below while viewing
this website and have agreed to them also if you have ticked the
box on the order form or enquiry form to confirm that you have
read and agreed to the terms and conditions when purchasing from
Atelier Laibach.
Condition
A Design Copyright.
NUMBERED COLLECTION PIECES (i.e. SEEN on WEBSITE OR ON DISPLAY
AT ATELIER OR EXHIBITIONS)
Meaning ... Already handmade with or without customer-required
adjustment: Laibach does not relinquish
any design copyrights based on the following condition:
All numbered pieces and varients of numbered pieces (currently
available with or without adjustments) - either physical or graphic
illustrations are designed
by and strictly copyright owned by Kerstin Laibach. Customers
may require small adjustments to readymade collection pieces to
ensure comfort and fit. Such adjustments does not mean, under
any circumstances, that any Laibach design copyright ownership
of the piece is passed over to the customer.
Any Laibach designed numbered collection pieces with personalized
adjustments made for a customer that are displayed by Laibach
either on websites, brochure, other published materials, are displayed
with permission of the customer.
Condition
B Design Copyright.
NUMBERED COLLECTION PIECES (INCLUDING INSCRIBED NUMBERED COLLECTION
PIECES)
Meaning ... Handmade to order (if shown piece already sold or
shown piece is a graphic illustration*) OR an adjustment to an
available collection piece: Laibach does not relinquish
any design copyrights based on the following condition:
All numbered pieces and varients of numbered pieces (currently
available or made-to-order with or without adjustments) - either
physical or graphic illustrations are
designed by and strictly copyright owned by Kerstin Laibach. Customers
are offered choices prior to ordering based on one or more numbered
collection pieces. Variations on these collection piece designs
chosen by customers, such as the use of different metals, stones,
options or subtractions or relative proportion adjustments, and
applied to the finished piece does not mean, under any circumstances,
that any Laibach design copyright ownership of the piece is passed
over to the customer.
Any Laibach designed numbered collection pieces with personalized
adjustments made for a customer that are displayed by Laibach
either on websites, brochure, other published materials, are displayed
with permission of the customer.
Numbered pre-made collection pieces that have been sold may continue
to be displayed by Laibach on websites, brochures or in other
published materials without permission of the customer to whom
the collection piece has been sold. On a customers final invoice,
the numbered collection piece will be fully described and chosen
adjustments noted. If a different precious metal alloy has been
chosen and used as the main body of a numbered collection piece,
the piece number may be accompanied by a letter (I.e. "s"
to indicate silver or "pt" to indicate platinum etc.)
Condition
C Design Copyright.
LAIBACH DESIGN AND
CRAFTED BESPOKE
Meaning ... Handmade to order - Not a numbered collection piece
- Requested as a "bespoke" order. Laibach does not relinquish
any design copyrights based on the following condition:
A bespoke order is a one-of-kind Laibach design made for an individual
client and not repeated for another customer.
A bespoke piece is not part of the Laibach Collections and is not numbered.
Bespoke Laibach designed pieces are copyright owned by Kerstin
Laibach. Laibach offers a design based on a clients wishes and
thereafter offers choices based on the initial design until the
client is happy with the design choices. The client can request
changes to the design in structure, but with Laibach physically
initiating these changes as the designer, Laibach does not relinquish
any copyrights. Kerstin Laibach also retains copyright of bespoke
Laibach designed pieces based on other pieces designed by Laibach
(by client's request).
Any bespoke pieces displayed by Atelier Laibach are labeled as
such and are displayed only with the permission of the client.
Although Laibach design bespoke pieces are not repeated, a client
may be inspired by a displayed bespoke piece designed by Laibach.
However, such a piece would be strictly designed significantly
different enough to ensure no two bespoke designs are the same.
NOTE: Standard
/ plain band rings fall into our Condition "B" (still
handmade to order) category and cannot be classified as bespoke
... This is because it is impossible to ensure that such simple
shapes are unrepeatable. However, every band ring is individually
crafted as "one-offs" so as to apply the many aesthetic
and technical tunings which ensure the very best comfort and size,
and therefore difference, for each individual client.
Condition
D Design Copyright.
LAIBACH DESIGNED AND CRAFTED - BASED ON CUSTOMER WISHES: A client may
of course discuss their own thoughts of what they might wish as a
design for a bespoke piece. It is at Kerstin Laibach's
professional discretion to determine whether a client's "design"
ideas are technically feasible. Under no circumstances are design
copyrights relinquished by Kerstin Laibach to the client.
Condition
E Design Copyright.
LAIBACH REDESIGN RECRAFTED - TO BESPOKE ORDER: Example: an old worn
wedding band is submitted to Kerstin Laibach to be integrated
into a new ring. The original wedding band may or may not be adjusted
to be integrated into the new design. However, the original wedding
ring retains its own copyright while the rest of the ring is design
copyright owned by Kerstin Laibach (unless subject to conditions
in D) The finished piece is stamped with the Laibach logo to officially
show that the jewellery piece was crafted by Kerstin Laibach as
a registered professional goldsmith. The stamp of the original
piece of jewellery (if the stamped part of the original jewellery
still exists in the new piece) will also be retained.
Redesigned pieces displayed by Atelier Laibach are labelled as
such and are displayed only with the permission of the client.
Condition
F Design Copyright.
LAIBACH CRAFTED - BASED ON CUSTOMER SPECIFIC DESIGN:
Under very rare exceptions only, design copyright relinquishment
may be considered by Laibach atelier. The only condition through
which copyright relinquishment this may be considered is if a client wishes to commission
Kerstin Laibach to craft a specific piece entirely designed by the
client. Such an exception requires the drawing up of a copyright
transfer contract and substantial fee to be paid to Atelier
Laibach. Such a contract
is only considered if: 1. Professionally drawn plans with exact
measurements have been submitted to Laibach atelier and crafting (and structural
stability) is technically achievable from such plans. 2. Proof
of copyright has been provided by the client to ensure that the
design is original and owned entirely by the client. 3. The
contractual agreement will state that the client may not, under
any circumstances, use the finished piece to create copies from it
- such as casting, 3D printing etc. 4. The client's
design must appeal to the Laibach atelier and agreement to such copyright
relinquishment is entirely at the discretion of Kerstin Laibach
and would be subject to contract.
If additional design work by Atelier Laibach is required within
this condition, extra costs are also applicable.
Kerstin Laibach has the right to choose whether or not to
stamp the finished with the Laibach logo, which officially
shows that the jewellery piece was crafted by Kerstin Laibach as
a registered professional goldsmith. Atelier Laibach has the
right to choose whether or not to display such pieces if design copyright has been relinquished to
the client.
DESIGN / COPYRIGHT
NOTES:
Kerstin Laibach does not accept
bespoke requests for pieces or inscribed
pieces which describe or depict offensive or extreme activities
or in any way may be deemed uncivil or libelous. Kerstin Laibach
does not accept requests to make pieces depicting weapons of any
kind.
Laibach
designs are unique and original. Laibach will never knowingly
copy another goldsmith's design. Any Laibach design which may
have a similar appearance to another jewellers design would be
entirely coincidental and does not restrict Laibach's claim of
its own design copyright.
Any
person or persons found to be distinctly copying, recreating or
selling Laibach designs constitutes a serious copyright infringement
and such persons will be liable to prosecution under world copyright
law.
Graphic
Illustrations of some Laibach Designs ... a note by Kerstin Laibach.
"Jewellery photos
seen throughout the Laibach website are photos of my real pieces.
However, my design illustrations (indicated with a "*"
by the description) seen on some "inscribed" jewellery
pages - including the Veg*n Inscribed mini-site - are either hand-drawn
or computer-drawn illustrations.
Illustrations created using graphic design programs in particular,
give an augmented or unnatural impression; unfeasibly perfect
and clinical, which does not accurately reflect the real world
crafting of jewellery made entirely by hand. I do not use computer
software to design my pieces. Subsequently, the actual finished
piece - being entirely hand designed and handmade will have a
more organic (natural) appearance. This mainly refers to the lines
of hand-embossed inscription lettering and occasionally the position
or quantity of design related shapes, which are added or adjusted
for visual balancing.
Because I entirely hand-make
my pieces, (including numbered collection designs) I work harmoniously
with the natural anomalies (or natural imperfections) and an appealing
tactile feel which hand crafting always adds to any piece, and
thus gives it its own unique character."
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