FTC guidelines

Mr. Binnion,

When an item is handmade the skill and attention of the maker is
constantly required to insure the desired outcome. In other words
the outcome of the work is always at risk and the the quality of
the final item is solely determined by the makers skill. In the
workmanship of certainty the form and quality of the part are a
not at risk because the tool has replaced the maker in the control
of the process. 

Only to a point is this true. For a lot of individuals working in
CAD/CAM, design accuracy is the only thing the computer controls;
the designer still controls the full form of the piece. Realize, too,
that the machine never puts out a product that is of final high
quality (unless the designer/maker has very low standards). The maker
still has to put in hours finishing the milled product (or the
casting from the milled or printed model). Complex pieces will need
fabrication 1st and then finishing. And then there is the stone
setting if there any are in the design.

I’m not just splitting hairs here. The computer and it’s associated
machining hardware are not the only variables in the CAD/CAM to
finished jewelry item equation. There is still a considerable amount
of human interaction with the metal objects produced in this manner
and thus a lot of room for human intervention (expertise or error)
while bringing the item to final fruition. As CAD/CAM is performed by
the individual, classically trained jeweler, that maker needs to
“supply the skill and attention constantly to ensure the desired
outcome”.

I will grant you that, in the industrial manufacturing sector, there
are automated processes used for assembly and finishing the forms of
CNC produced objects and there are also automated setting processes
to place stones into the metal objects; but both you and I (and a
large number of skilled jewelers) would be able to still tell the
difference between a totally machine made object and one that saw
human intervention in its completion.

As Jeff Demand points out:

At the other extreme there are cadcam jewellery programs which
allow the cut and paste of settings and shanks from included
libraries... sort of like using a findings catalogue. NOT hand
made. 

Not all CAD/CAM needs to be that type of jewelry production. Indeed,
most CAD done by previously bench trained, skilled professionals is
“from scratch” creation of an object on the screen:- making and
forming of parts, tweeking their alignments or shapes, joining parts
together, sizing them, fitting stones, etc.; just as you or I would
do from metallic raw materials at our bench pins with traditional
tools. I very often have to “facet” a stone in CAD to recreate a
custom cut stone on the computer to use as the starting point of a
piece of jewelry for its counterpart that exists in reality. I need
to have faceting and CAD knowledge in order to import a 2D photo of
the stone and then rebuild it in 3D to match the existing real life
stone; it doesn’t just “pop-in” in 3D. Sure it could have be scanned
in and built from a point cloud; but where’s the fun and skill in
that. Not all of CAD/CAM is cut and paste technology…it also has
fun, creative, aspects which the user can control completely. CAD
tools are on screen buttons that cut, trim, bend, twist, shape pieces
to other surfaces, join, weld (booleans), and a huge number of other
operations available that correspond to the same tools at my bench:
pliers, saws, torches, gravers, files, mandrels, etc.

I have done bench work since I was a student in Metalsmithing 1 at
college in 1974; professionally since 1979. I didn’t start learning
CAD until 2001. I now use both methods, CAD/CAM and hand skills, in
my work; sometimes in the same piece, sometimes just hand skills
alone. I don’t think most of my CAD creations could be differentiated
from one of my hand carved/fabricated pieces, because so much hand
work still goes into the object before it is completed. Sometimes I
want the machined look to stand out, such as in a class ring (BTW, I
did a number of those by hand carving/casting to mimic machined work
prior to learning CAD). CAD is yet another tool on my bench which
gives me the ability to waste far less metal by visualizing my idea
in full 3 dimensions long before the gold or platinum comes out of my
safe. It gives me the ability to “clay model” a form (then, if
needed, mirror it exactly; in a way much easier than my dyslexia can
do it) prior to the first saw cut or the first hammer stroke.; but I
assure you, I still need to finesse the metal into what I envision
the finished work to be; the machines don’t just spit out a finished
work worthy of my hallmark.

Paul D. Reilly

As the technology progresses and the tools become more readily
available, will the line become even more blurred as to what is
considered Handmade. After all, a CNC is just another tool. 

No! If you hold the part you are working on in your hand, in a pin
vise, a ring clamp, or a engravers vise and perform a task using hand
tools or any tool that you hold in you hand, in my opinion, that is
hand work. If you put the part in a machine and the machine perfroms
a process, to me you are not doing it by hand. If it is in the lathe
and you hold the cutter it is, if you turn a wheel the moves the
cutter into the part, you are not. I have been making jewelry for 30
years, and I am not interested in making jewelry with anything other
than a flex shaft, hand tools, rolling mills, and a torch.

I do send out repair work to be lasered, and I have made one ring
that I chose to try cad cam and a grown model and it is probably the
last time. I could have done it the way I have always done my work.
I did not save time and I did not save money. I had a problem with
the material they used to grow the model with loss of detail because
of the ash that was evidently a product of my imagination as the
people who use that material are in denial that the material has an
inherent problem in realationship to being invest and reacting with
moisture, and apparently also leaves ash. Those of you that use this
can discuss amongs yourselves and I am over it.

For some reason I would call a cnc machine a manufacturing process,
and I do not manufacture jewelry. Some might call casting a
manufacturing process, but then pouring an ingot would also be the
same.

Richard Hart, in Baltimore after doing the ACC show for the first
time. Experiencing a steep and expensive learnig curve, but I am
building a foundation for success. That’s my story and I am sticking
to it.

This is the path I use, and the effort in modelling and creating a
good tool path equals the effort of fabricating a lesser by hand.
The only real difference is that I have more sophisticated tools
which require more complex designs to be cost effective. 

The issue is not what is more complex. To disassemble fine watch for
cleaning and re-assembling it, far more complicated than making a
wedding band starting with gold nugget. But watchmaker cannot call
himself a jeweler specialized in hand-fabrication.

Launching a space shuttle is even more complex, but it not a
hand-made jewellery.

People who want hand-made jewelry are not looking for a jewellery
which is perfect, it is exactly the imperfections which are so
attractive to them. The imperfections left on the jewellery, when it
comes our of the hands of the master, are like a brush strokes of an
artist. These imperfections make every article unique in its own way.
Even if done by the same jeweler, the subsequent pieces will be
different, and each and every one would have that unique combination
of beautiful imperfections which so characteristic of hand-made
jewellery.

Machines can only make jewellery, that only machines can enjoy.
Using computers to design and computer-controlled devices to execute,
produces jewellery which is devoid of life.

To compare hand-made jewellery with the jewellery produced by using
mass-production methodology and/or technology assisted techniques, (
like power assisted engraving ), is like using a cardboard cut-out of
a model to demonstrate new dress design, instead of live model.

Leonid Surpin.

As I said before, written by a beaurecrat, with little knowledge
of the field. 

I want to take another side of that argument.

Any regulations are written in the language which was tested by
Courts before. Words legal meaning is different from words common
meaning. Unless one has at least some foundation in how legal
definitions are arrived at, the best course of action is to consult
legal professional on the meaning.

Common meanings are too vague to be of any value in legal
proceedings, so carefully selected phrases are used which mean very
specific things in legal sense. The current thread proves it, since
almost everybody has a different take on the definition of “hand
made”.

The key to understanding the regulation is in the definition of “raw
material”. There is an exclusion which under normal interpretation
means that the only advanced pre-fabricated form of material allowed
is sheet and wire.

It is also helps to remember, while interpreting the language, that
FTC mandate is not to make jewelers life easier, but to protect the
public from fraud.

Leonid Surpin.

I don't think most of my CAD creations could be differentiated from
one of my hand carved/fabricated pieces, because so much hand work
still goes into the object before it is completed. 

Although the above thread was most sincerely and eloquently put, I’d
have to say that this is the reason we have an FTC it’s regulations.
Handmade=made by hand. Machine made=made by machine. Why does it
need to be said?

No! If you hold the part you are working on in your hand, in a pin
vise, a ring clamp, or a engravers vise and perform a task using
hand tools or any tool that you hold in you hand, in my opinion,
that is hand work. If you put the part in a machine and the machine
perfroms a process, to me you are not doing it by hand. 

I just want to re-enforce the point.

Problem of holding things in jewellery making, is the most
frequently encountered, and the most difficult to solve.

The reason that some projects are never see the daylight, is that
problem of holding was not approached correctly.

leonid Surpin

Well John, I have to agree with you on this one a cad cam ring is not
hand made and should never ever be called handmade. Personally I
think it should be disclosed that it was computer generated and cut.

Bill Wismar

People who want hand-made jewelry are not looking for a jewellery
which is perfect 

Wm Morris wrote (late 19th C.) an interesting essay in which he
described “the touch of the hand”. I would paraphrase as: no matter
how much we strive for perfection in our work we always leave our
mark.

If we’re doing it right, our work that is, the process changes us. I
don’t see how CNC contributes to that experience. My underlying
assumption is that we attempting to carry on a tradition of
handwork; not faster and more cost effective.

KPK

I would agree with the fact that legal language must be clear,
that’s why it sounds so odd. When I bred and showed dogd, I wrote up
my own contracts. I got a compliment form an attorney, on how well
worded they were. Maybe somewhere else the FTC has the definitions of
‘hand made’ and ‘raw materials’. If you define you very tightly, then
it could imply that a potter had to mine and mix their own clay,
throw it on a kick wheel and fire it in a wood kiln. That wouldn’t
make sense. Would it allow that potter to use a commercial mold, or
one that he/she cast? Oh course, that’s one of the reasons that we
have courts, they have to interperet the meaning of the law. <>

Cairenn, the Howling Artist
www.howlingartist.com

Paul,

First off please understand I am not making a judgement on the
quality, beauty or artistry of anyones work. Just trying to define
the term handmade.

I use many kinds of machines in my work and am not coming at this as
some sort of crusade against machines. I have a full machine shop (6
lathes one of which is CNC and 3 mills) in my studio. I utilize
computers in many facets of my work and have an electrical
engineering background so I understand computer controlled tools
uses and limitations.

Programming and setting up CAD/CAM systems require significant
knowledge and skill and yes it is very possible to screw up and ruin
a piece with them but once the program is debugged I can set up my
CNC lathe and walk away from it and it will cut a perfect rendition
of what I programmed into it 999 times out of a thousand. Now it is
not a good idea to leave one of these machines totally unattended
but I can put any marginally competent person in front of it and they
can load and unload it all day long and continue to produce the same
quality part. The quality of that part is mostly dependent on the
machine programmer who programmed the part. The debugging of that
part is a highly skilled task but it is programming not handcrafting
the part.

Once the debugging is done there is little to no risk in the actual
production of the part. If I make that same part on my watchmakers
lathe with hand held gravers and a “T” rest it will require my total
attention and skill to get the part made and if that attention
wavers or my skills are not up to the job it will be ruined or of
less than desirable quality so making that part has a high degree of
risk involved and is definitely handmade.

For a much more eloquent treatise on this read David Pye’s book
“Nature & Art of Workmanship”, this book is where I draw many of my
ideas on these concepts. It also seems to me that it is where the
folks at the FTC got some of their concepts about the subject as
well.

Regards,

Jim

James Binnion
@James_Binnion
James Binnion Metal Arts

360-756-6550

I think that the FTC guidelines are fairly clear, CNC is out of the
realm of “handmade”. A keyboard is not a hand tool in the way that a
hammer or engraving burin is. CAD/CAM is a manufacturing process even
when one piece is the end result. It is nice that the FTC has a 80/20
% rule about manufactured findings, but really, soldering a few die
struck pieces together isn’t handmade, and neither is a jewelry item
made from a computer controlled machine. All those hours in
cyber-space mean nothing in the realm of handmade- sweating over a
forge, saw frame, anvil or die ball is what handmade is about, hand
control of the form of the item.

I use CAD/CAM in some of my work, but only when it is the right tool
for the job, usually to produce a volume of cast production pieces.
My design, for sure, but not handmade.

Rick Hamilton

Paul,

I really have to go with James Binnion on this one. I don’t think
there is any way you can call a Cad Cam processed piece hand made.
Recently I had a wax carver I occasionally use do a piece that she
ended up doing on the computer for me. She came up with a computer
formulated picture (that I had given her the general parameters for)
that was transferred directly into wax. Sure I had my caster actually
do the wax and then I got the casting in and finished it and did the
stone setting but I would never have called this piece handmade
(incidentally my caster accidentally dropped the wax and broke it but
because it was on the computer we were able to spit out another one
within a few hours and reship it to the caster—something absolutely
not possible by hand). I didn’t “MAKE” the piece (nor did my wax
carver), a machine and a casting machine made the piece. Did I hand
do some of the stuff (i.e. finishing and setting)? Sure but that
still doesn’t qualify it as hand made because other then those two
things no one actually did anything by hand (machine stamped pieces
often have to be finished by hand too). Could I call it hand crafted
(as opposed to hand made)? Maybe, because the definition isn’t as
strict. But, in my appraisals, and descriptions of the piece I would
never call it hand made. Regardless of the FTC definitions (which
absolutely would NOT include Cad Cam pieces), it simply isn’t
handmade if you are having a computer spit the design out to a
machine that creates the piece, regardless of the amount of finish
work done. I’m not saying there is anything wrong with producing
jewelry this way (obviously since I’ve sold the stuff) just that you
cannot call it hand made. From your standpoint you should figure out
another way to market it, but you can’t ethically, or legally, call
it hand made.

But then what are you worried about? As long as your customer
accepts how you make the piece, why do you have some strong need to
declare that it’s hand made (which it isn’t) as long as you can
explain to the customer what part you do play in the designing and
creating of the piece?

Daniel R. Spirer, G.G.
Daniel R. Spirer Jewelers, LLC
1780 Massachusetts Ave.
Cambridge, MA 02140

I wonder how strictly the FTC will deal with foreign exports that
are in direct violation of the law that requres that items labeled
"hand Made: must be made by hand? I see a lot of machine made
jewelery being offered on the internet that is made in Bali, and
represented as being “hand made,” Yet, it seems to me, unless I am
terribly mistaken, that the objects are made by machine, and not by
hand. One internet company is offering woven chains, “handmade in a
factory in Bali.” Are the workers in the factory sitting there
weaving these chains by hand, or are they made by a machine?

Who is going to check to verify whether or not the chains were
actually made by hand? Just curious.

Alma Rands

I reserve it in my work for that which I actuallly sat down and
crafted myself with minimum or no machine aids. 

So are you saying you don’t use an electrically operated flexshaft
for any of your operations? You don’t pickle using an electrically
heated pot of some sort? You don’t use an electrically operated
polishing machine - you find it economically viable to polish by
hand? And you don’t use an ultrasonic cleaning tank to remove the
polish residue left by your hand polishing?

These are the only electrically operated things I use when making
jewellery and I still consider my jewellery to be handmade - oh and
of course electric lightbulbs.

Helen
UK

Bill,

Personally I think it should be disclosed that it was computer
generated and cut. 

I respectfully disagree and am more in agreement with Paul in that
CAD is a tool that requires skill as well as hand eye coordination.
Its end product is a prototype or a wax for one offs. Just as the
caster has the option of turning a hand carved wax into a prototype
or cast it for a one off. Now I know the FTC guidelines preclude
casting from being classified as handmade probably because of the
replication aspect. But who doesn’t consider a piece that is cast,
hand finished, with set stones as handmade regardless if the
original was wrought by CAD or hand carved wax?

Rick Copeland
Silversmith and Lapidary Artisan
Rocky Mountain Wonders
Colorado Springs, Colorado
rockymountainwonders.com

Some might call casting a manufacturing process, but then pouring
an ingot would also be the same. 

Casting seems to be a bit of a grey area with regards to whether it
is a manufacturing or handmade process. I think it depends on whether
you are carving one wax and casting it once, thereby making a
one-of-a- kind piece, or if you are carving one wax and making a
metal master, then creating hundreds of identical waxes and casting
the trees of these waxes. The former example would probably be
classed as handmade but the latter is mass production.

Also I personally feel that there is a big difference between mass
production casting and pouring an ingot in order to hand fabricate
something, but if using the one-of-a-kind (or limited edition very
small number) type of casting, then that and pouring an ingot to
hand fabricate are just two different methods of “handmade”.

I think it comes down to common sense in the end.

Helen
UK

Just as the caster has the option of turning a hand carved wax into
a prototype or cast it for a one off. Now I know the FTC guidelines
preclude casting from being classified as handmade probably because
of the replication aspect. But who doesn't consider a piece that is
cast, hand finished, with set stones as handmade regardless if the
original was wrought by CAD or hand carved wax? 

Hand carved waxes cast in a torch melted vacuum or centrifugal
casting machine will pass muster as hand made but CAD/CAM is
programming not hand crafting, you need to have your hands on the
work to have it be hand made. Being isolated from the work by
multiple layers of software and computer controlled hardware just
cannot be hand made no matter how much skill is exhibited in the use
of keyboard and mouse. There is no risk in the use of computer
controlled tools, you simulate (or should) and review each step in
the process before ever committing to manufacture a final metal part.
The whole idea behind these tools is to remove the human element from
the production of the item being manufactured. Again this is not to
say you cannot produce art with these tools but you cannot hand make
a piece of work with them.

James Binnion
@James_Binnion
James Binnion Metal Arts

360-756-6550

I saw an exhibition of ancient objects: drinking horns, jewelry, and
serving pieces that were cast, then chased. I think that using a
cast object or ingot that is then hand formed and decorated would be
considered handmade.

Rick Hamilton

But who doesn't consider a piece that is cast, hand finished, with
set stones as handmade regardless if the original was wrought by
CAD or hand carved wax? 

Actually Rick, I don’t. I consider it hand crafted not hand made and
I think the FTC does too. The problem with casting, whether the
original is made by hand or computer generated is that the potential
for duplication in a machine like process is always there. Actually
with a computer generated design it is more likely that it will be
duplicated as the ease with which the machine can crank out
multiples is quite astounding. It is far harder to recarve a wax by
hand from scratch, and in fact you might be able to get away with a
handcarved one of a kind piece being called hand made, but once a
design is in the computer you can generate as many of the pieces as
you want without ever having to do another thing but push a couple of
buttons.

Daniel R. Spirer, G.G.
Daniel R. Spirer Jewelers, LLC
1780 Massachusetts Ave.
Cambridge, MA 02140

So are you saying you don't use an electrically operated flexshaft
for any of your operations? You don't pickle using an electrically
heated pot of some sort? You don't use an electrically operated
polishing machine - 

Polishing is separate, pickle pots, ultrasonics and light bulbs are
auxilliary systems not directly involved in making jewelry - you
don’t use a pickle pot to bend metal.

I really don’t care what anybody wants to call their own work. I
consider the blown up aspect of this thread to be pretty interesting

  • Why is it such a big deal to some to even use the term hand made
    at all? - as one pointed out yesterday. If I use the term myself,
    it’s just casual - I don’t put it in print or in advertising just
    because I don’t - it means that I sat down and crafted it with my
    own two hands, and often there is no electricity, yes. I want to
    stress that I DO NOT CARE what other people think or want to do -
    I’m not trying to convince anybody otherwise, I’m not arguing the
    point and won’t. It’s just what I do for myself. Just me and the
    metal and the stones. Pure stuff.