FTC guidelines

Jewelry Discussion
81 
Who should receive the credit when another jeweler send you a very
rough sketch of a design idea and has you refine the design, hand
carve a wax (or CAD/Cam it), cast, finish, set the stone(s), and
final polish the piece; then you send the finished work back to
the original jeweler for it to be photographed and used in
advertising and publishing?

Or how about enters it in a design contest and wins an award? (I
guess the thought process is "Well, it was my idea and my sketch, and
it is a design contest.)

I once had a customer hold out her hand to show me a ring I had just
finished and say to me “Look at the ring [your boss] just made for
me! Isn’t it beautiful?” My (former) employer (who had about two
years of bench time and hadn’t touched a torch in twenty years) just
gave me a quick, slightly embarrassed smile, and finished the sale.
Never said another word to me or the customer about it. That customer
has since found me and is now one of my retail customers. Old boss
lost us both.

For those of you that are employers, or use a local trade shop,
please give credit when and where credit is due. A mention of the
goldsmith’s name doesn’t diminish your part at all, and can go a
long way towards the good will of the people that actually make your
sales (and design awards) possible. Introducing the artist to the
client is a great way to make a positive impression on both of them,
and will do a lot to help you keep both of them.

Sorry for going off topic.

Dave

82 
As long as you tell the customer what is being done to make their
piece who cares ultimately what it's called?

Because words have power, and we couldn’t communicate if words aren’t
defined. I don’t use manufactured findings - I make everything, from
bails to ear wires. And I’m proud of that. I’ve always used the word
handcrafted to describe my work. I’ve been told by jewelry artists
that they don’t call their work “handmade” because it brings to mind
tea cozies and birdhouses that you’d find at your local craft fair.
My only point is that in the real world, there isn’t a real
difference between these two words.

83 
Who should receive the credit when another jeweler send you a very
rough sketch of a design idea and has you refine the design, hand
carve a wax (or CAD/Cam it), cast, finish, set the stone(s), and
final polish the piece; then you send the finished work back to
the original jeweler for it to be photographed and used in
advertising and publishing?

Usually this is considered “work for hire” and the original jeweler
who sent you the design would be the creator. It does depend upon
the agreement however- you could have a joint copyright- more than
one author, or retain the rights. The agreement should be in writing.

Rick Hamilton

84 
if some part of it is cast (many of my pieces are a combination of
casting and construction) I will apply the term "handcrafted". If
it is completely hand built then it gets the term "handmade".

Sorry, Daniel, I love ya, but defining a difference between
“hand-crafted” and “hand-made” has clearly entered the realm of the
lawyer, bureaucrat and politician. Kinda like the definition of what
“the word ‘is’ is”.

Or maybe it’s more like “pornography” – I can’t tell you what it
is, but I know it when I see it.

Dave

85

Handwork for handwork’s sake is a false god. There are techniques
such as engraving, smithing, repousse, etc where the hand of the
artist gives the work its beauty and life. All of the techniques I
mentioned have industrial counterparts which, though cheaper to
produce are demonstrably inferior in quality and expressive power.
Handwork of such ilk deserves its higher price tag.

There are other techniques - polishing, say - which have less
individualistic results but are of a higher quality when done by hand
rather than more automated methods. But here the handworker is, in
essence, a biological “machine” who is the best choice of tool for
the job. Since skilled workers need to be compensated for their
skills and labor, once again the finished article will command a
higher price than a similar object tumble polished because for the
descerning eye there is an observable, qualitative difference.

On the other hand, those process which may be performed by either
human or machine labor, and of which the separate results are
indistinguishable by any expert or analysis have no claim to a
higher price merely because of the human element in the production
chain. The reason for replacing such labor with machinery is that it
lowers the cost of the product without diminishing the quality - and
often even raising it - and doing the work faster to boot.

It is this point of indistinguishablity that Mr. Reilly was
addressing, especially as it relates to CNC milling and Rapid
Prototyping. It doesn’t matter how much “risk” the hand wax carver
takes on in his/her work, if the end result is indistinguishable
from what a mill (albeit with hand finishing) can do you won’t be
able to sell the customer on paying more for that item.

I think the story of John Henry’s losing contest with the steam
driven hammer is definitely a cautionary tale for the modern day wax
carver. John Henry’s mistake was in not buying the first steam
hammer to increase his own productivity and versatility. If I were a
professional wax carver I’d have a mill yesterday. One does not have
to let the mill do all the work. It can save you hours, maybe days
by roughing out a wax, positioning holes properly, cutting ring sizes
exactly, etc, and then, by hand, with gravers, files, and all manner
of little tools the carver can lend that hand done surfacing look
that the current crop of mills and prototypers can’t mimic. And
while the carver is doing that, the next job is in the process of
being roughed out on the mill.

Les Brown

86

The potential copyright belongs to the individual who first brings
the model “to life”. IOW, a drawing doesn’t count, a model or
finished piece does.

ERGO, wax carvers are often first in line…

Wayne

87

Paul,

I find this a common experience too. Charge for your design time and
sell the finished design rights along with the jewellery work. Then
forget about it.

If they miss represent the work in your opinion charge more until
you can sleep comfortably. Or talk to them, chances are they need you
more than you need them. Rough sketch designers are a lot more common
than good goldsmiths.

Jeff
http://www.gmavt.net/~jdemand

88

In Canada there are some guidelines that may help.

Handmade: Made with hand tools. (including flex shafts)

Handwrought: most work done by hand, (can include cast work
finished by hand)

Custom made: Made by hand and machine tooling (may include a
standard design that has been modified for the customer)

89

David,

defining a difference between "hand-crafted" and "hand-made" has
clearly entered the realm of the lawyer, bureaucrat and politician.
Kinda like the definition of what "the word 'is' is".

This is what I’m using it in though. An appraisal is a legal
document, binding in a courtroom and can be presented as proof of
various things legally. Therefore a distinction is necessary when it
comes to this. In my appraisals I don’t just say the piece is “hand
crafted”, I actually describe what parts are and aren’t made by hand.
If a suit is ever brought by an insurance company against an insured
or vice versa, they need to know clearly what they are dealing with,
regardless of the FTC definitions. As a matter of fact the FTC
guidelines only enter into the picture when you are actually selling
a product. Since I don’t use appraisals to help sell a product, the
FTC takes a back seat to a proper description of the piece being
appraised.

But it seems to me that this whole thread has been beaten to death
at this point. If you honestly tell a customer exactly how a piece is
made, what parts are made by hand and what aren’t, it really
shouldn’t matter what you call the piece. For that matter, when I am
selling my work, I always say all the jewelry in the cases is
designed and made by me, but I don’t say it’s “handmade” by me until
we get into specifics on a particular piece (some of which fall into
the definition of “handmade” and some of which don’t). But again, if
the product is well made, has high quality materials, is built to
last, is functional for whatever it is, who really cares what how it
was made? Just tell it like it is. Tell them what processes you use
(be it CAD CAM, handcarved wax, hand constructed) and let the
customer decide if the piece is beautiful enough to wear. I would lay
odds that for every customer who is fascinated by the fact that their
piece was made by hand, there will be another computer nerd who will
be absolutely enthralled by the CAD CAM process. My point is make the
best, most durable, high quality jewelry you can, be honest about
what it is and sell the darn stuff. Forget about the rest of it.

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

90 
The potential copyright belongs to the individual who first brings
the model "to life". IOW, a drawing doesn't count, a model or
finished piece does. ERGO, wax carvers are often first in line....

Only if their contract specifically states that they own the
copyright. Courts have often given the copyright to the one who
payed for the work considering it “work for hire” even without a
drawing.

James Binnion
@James_Binnion
James Binnion Metal Arts

360-756-6550

91

For Dave Phelps-you and I must be living in parallel universes-thanks
for going off topic, I had to laugh out loud! I can’t tell you how
many times that story happened to me, with the same result…old boss
lost both me and the customer. You made my evening!

Stef Shoemaker, Bella Creations

92

Of course you know, Daniel, I was speaking tongue in cheek and
pulling your leg just a little. Your assessment is of course,
absolutely correct. While designing a piece for a customer, we go
through the entire process via photos and a short tutorial on the
various methods of construction, as I describe how their piece will
be made. I always encourage them to come and see the wax, if it’s
going to be a casting, and then invite them to come watch the casting
process. If it’s CAD CAM, same thing. For fabrications, I invite them
to come see it while it is under construction. We sometimes
photograph the client during the process and include photos of their
involvement in their delivered package. Their is no question
whatsoever in the mind of my customer as to how their piece was
created. Our appraisals, like yours, include all of the methods used,
photos of the finished piece, the goldsmith’s name and all the other
things an appraisal should have in it. The phrase “hand-made” isn’t
usually required, as we use “hand carved” or “fabricated from sheet
and wire”, or “assembled from findings” to indicate the methods used.

I have come to realize from this thread, just how seldom I use the
term “hand made”. I certainly never use it in advertising. As you
point out, it is just too broad a definition to have any real meaning
other than in Etsy or EBay style mass advertising, where it is easily
misused and which is where this thread branched off. Like you, I am
much more specific, spelling out all of the different methods
involved. My guess is that we are all preaching to the choir as the
folks that typically will misuse the term “hand-made” on Etsy and
EBay to sell mass merchandise are not likely to be Orchidians and
reading any of this in the first place.

Just in case they are, Shame On You! May the people in China or
Taiwan or wherever it is you are exploiting cheap labor discover
their true value and start demanding it!

My Dad and I always disagreed about how much info about the
construction process should be revealed to the customer. His take was
to keep it kind of secret and mysterious, thereby adding a certain
element of magic to the creation process. I on the other hand have
always felt that the more someone knows about the construction
process, the more they will appreciate the skill, passion and
creativity involved, and be much more understanding of why something
costs what it does. I still feel that way, and really go out of my
way to include the client in the entire process. Most really enjoy
it, and develop a much more personal attachment to their piece
having been involved in it’s creation and are much more likely to
want to do it again.

Others have the attitude “don’t tell me about the pregnancy, just
show me the baby.”

Dave

93

I was surfing around the FTC’s own web site and found the following
two quotes rather illuminating on this tread. Follow the below link
to read “FTC Updates Guides For Advertising of Jewelry”. Apparently
this is the FTC’s own understanding of their guide(s) and
guideline(s) materials?

The Federal Trade Commission has updated its Guides for the
Jewelry Industry, which are voluntarily and extensively followed
by jewelry and gemstone marketers in advertising their products
to consumers."... "Guidelines are interpretations of the law,
but do not have the force of law in and of themselves.

http://www.ftc.gov/opa/1996/05/jewelry2.shtm

Ed Wales

94 
it is just too broad a definition to have any real meaning

Quite the opposite. The definition of very narrow and it excludes
casting and CAM. It takes far greater level of skills to
hand-fabricate jewellery out of the sheet and wire, than carve in
wax.
But because it is difficult, many mistakes could be made, and the
usual justification “it was hand-fabricated”.

To assign some special status to something just because it is hand-
made would be a mistake. Jewellery must be made well, it must be
designed well, and it must be beautiful. If it can be accomplished by
hand-fabrication, that is an additional bonus, and should be more
expensive for obvious reasons. The mere fact of been hand-made is not
enough to deserve some special status.

My shop is almost entirely hand-fabrication, but I would be the
first to admit 90% of hand-fabricated jewellery offered on the market
is far worse in quality than cast jewellery from reputable house.

To summarize: quality, appearance, and design should override any
other consideration.

Leonid Surpin.

95

Dear David,

I really like your approach. I think the way you involve your
customer in the process of creating their jewellery can only be a
positive thing which gives them a greater sense of attachment to
their piece of jewellery, and as you say they are then likely to
repeat the process. I would think the whole thing cements that trust
between you and the customer which is essential and probably creates
customers for life.

Helen
UK

96 
It takes far greater level of skills to hand-fabricate jewellery
out of the sheet and wire, than carve in wax."

Guess I would have to disagree with that. See sumnersilverman.com
(wax gallery) and orchid-jewelry.com

97 
It takes far greater level of skills to hand-fabricate jewellery
out of the sheet and wire, than carve in wax.

Wax and metal are two different mediums, used for different purposes.
Comparison cannot be made unless the same person did the same design
in each medium. Then the advantage or disadvantage of either would be
realized either by the lack of skill with wax technique or the lack
of skill with metal technique. Sometimes I start in metal and have to
go to wax. Sometimes I start in metal and go to wax. Skill is not
dependent on the medium. Sometimes it is doing it till you get it
right regardless of the medium. Some pieces are cast and fabricated.
Cast the piece that was too hard to fabricate and fabricate the piece
that would be easier to make that way.

Richard Hart