Gallery misunderstanding?

Amery, you have made way too big a deal out of this! Try to get
over it and go ahead on! You will survive! 

I think maybe some posts have vanished, but I’ve been over this for
days. I did mention that on a post a few days ago. I mentioned that
and then I mentioned that I received the ring as a present and have
been wearing it all weekend I love it… perhaps it got lost in the
ether of the net.

Now, I’m just responding to comments and new topics that have come
from the original post. There have been some interesting topics
arising from the original.

Thanks everyone for making this such a lively forum!

Amery
Amery Carriere Designs
www.amerycarriere.com

I heard of at least one fine artist a few years ago who had to
(according to contract) give the gallery 50% no matter where, when,
how the sale occured 

Wow, crazy. Even to another gallery? That really doesn’t make any
sense to me at all!

I actually had an account (Account A) complain to me that they found
my jewelry on the web at “only a 2.5 markup” from another store
(Account B) and they felt they were underselling them on purpose.
Account A wanted me to talk to Account B about raising their price to
2.9 markup, or for me to tell them that they couldn’t have my work on
their site. It was pretty silly. When I wouldn’t do it, Account A
then called Account B directly and had it out. Haven’t heard from
Account A in ages, but Account B has doubled their business since!

Amery Carriere Designs
www.amerycarriere.com

I am sorry I didn't mean to make ya'll angry with me regarding
visits to galleries. But, I do feel as though you misunderstood
me. I do not copy others designs, but I do visit galleries to see
what is new and different that other designers are making. I do not
view this as any different than reviewing Jewelry design magazines
or even looking at what is currently being sold in department
stores and in their flyers. 

I do the same. I like to admire superior craftsmanship, and I like
to see beautiful and original artistic visions. I have no desire to
knock them off, its just “food for the soul.”

Lee

Hi Kim,

I noticed that on many artists' websites the prices on the work
are missing. Is it possible that this is a requirement of the
galleries? 

If the work is not priced, then the artist is not set up to sell via
their website. In other words, the work is there to solicit interest
and contact from potential customers. It’s an advertisement. This is
not a requirement of galleries, I’m quite sure (though it may offer a
way for the artist to sell at less than full retail prices!).

It’s also possible that such an artist only sells wholesale. The
site exists to advertise the products and point the potential
customer to a retail outlet.

There are other reasons to maintain this kind of site, but I think
these are the main ones.

Beth

I think it’s a rare gallery that expects an artist to stop selling
retail altogether–whether off a web site, or at an ACC show. As far
as I know, the “don’t undersell” rule applies to specific pieces–if
your galleries are selling earrings X for $1000, then so do you. I
doubt that any gallery can argue that, because they decided not to
purchase your $450 earrings, you can’t sell them yourself.

Am I wrong about this?

Lisa Orlando
Albion, CA, US

Taking as an example another part of the art world, that of galleries
that sell paintings or sculpture or ? art, you would be hard-pressed
to find any major or soon-to-be-major artist selling both through a
gallery and a website. The artists’ (l) website may lead
to the gallery’s site, but to compete with your own rep is a no-no,
not to mention a dumb move. Most smart gallery owners are certain to
have this covered in the contract, and you’re screwed
if you violate it.

Hi Lisa

--if your galleries are selling earrings X for $1000, then so do
you. I doubt that any gallery can argue that, because they decided
not to purchase your $450 earrings, you can't sell them yourself. Am
I wrong about this? 

No, I don’t think you’re wrong at all. If I was the gallery owner,
the only thing I would ever have a problem with is if I was never
shown the lower priced items…only the high. Eventually, I would
have to ask why I wasn’t being given the option. This hypothetical
situation sounds a bit far-fetched to me though because why would
anyone only show part of their line to a potential buyer? Sounds
kinda crazy.

Kim

Hi

Taking as an example another part of the art world, that of
galleries that sell paintings or sculpture or ? art, you would be
hard-pressed to find any major or soon-to-be-major artist selling
both through a gallery and a website. The artists' (l)
website may lead to the gallery's site, but to compete with your
own rep is a no-no, not to mention a dumb move. Most smart gallery
owners are certain to have this covered in the contract, and you're
screwed if you violate it. 

This is what I had suspected. Thanks for the I would
like to add that I feel (this is my personal opinion) that if the
artist has a website and engages in selling from it, even if the
prices on the site are the same as the prices in the galleries, it is
still competing with the gallery and has the potential to have a
damaging effect on the artist’s relationship with the galleries. The
reason… there will be customers who say “I would rather purchase
form the website than from the gallery because I know then the artist
will get to keep all the money”. The only way this would not happen
is if the gallery and the artist are both geographically farther than
driving distance from the customer. It is a rare customer who will
pay added shipping in order to ensure the artist gets all the money
from the sale.

Kim

I think it's a rare gallery that expects an artist to stop selling
retail altogether--whether off a web site, or at an ACC show. As
far as I know, the "don't undersell" rule applies to specific
pieces--if your galleries are selling earrings X for $1000, then
so do you. I doubt that any gallery can argue that, because they
decided not to purchase your $450 earrings, you can't sell them
yourself. 

I think that you are wrong about this. Underselling is just that -
underselling. If you’ve had the work in a gallery selling for $1000,
then it would be expected that even if you sell them yourself, you’d
be selling them for $1000 - unless of course, you didn’t think they
were worth $1000 - in that case I wonder why you would expect them to
sell in a gallery for that price.

The artists' (l) website may lead to the gallery's
site, but to compete with your own rep is a no- no, not to mention
a dumb move. Most smart gallery owners are certain to have this
covered in the contract, and you're screwed if you violate it. 

Most artists don’t have a contract…unless you sell only on
consignment, and in that case, I would advise you to sell retail
anywhere you can unless you have another source of income, or want
to struggle. I wholesale, no contract, also no prices on the
website. I like wholesale. So I don’t want to go head to head or
undercut my galleries. If a gallery won’t commit to buy your work, I
think it unreasonable to require you not to sell elsewhere, or to
restrict you in any way. Just say no.

Lisa, (Dogs escaped from the fence twice in two days. Picture me
running down the mountain after them…and for some reason people
still ask me how i stay thin…lol) Topanga, CA USA

Lisa Bialac-Jehle
http://byzantia.com

As a jewelry artist, I have to question your policy of selling at
different price points. What is your work really worth? $2.00 at
one place and $5.00 (not realistic prices, but I think you'll get
the point) at another? Why??? Location makes YOUR work better??? 

As a gallery owner, I have to question why you’re selling your work
at different price points at different galleries???

Are you saying that we've given up our rights to walk into a
jewelry store when we made our first piece of jewelry? That the
only reason we'd go in would be to rip off someone else? 

I’m so glad you said this Amery! I too enjoy seeing other people’s
work and have no desire to copy. Upon walking into a gallery I feel
like I have to hide my identity in order to avoid this whole issue
then end up feeling uneasy and deceitful, yuck!

When I took my very first class at a local JC, our teacher assigned
us to go to jewelry stores for experience in looking at different
types of design and workmanship then write up a critique. It was NOT
about stealing designs, it was just get a wide base of knowledge and
direction for ourselves. Well, that didn’t work out too well with one
of the jewelry artists at a shop I went to. When she found out that
this teacher was sending her students out on this mission she went
ballistic. The artist considered us to be like an Oliver Twist group
of thieves. Wow, that was an interesting experience to say the least.
So, since that experience, I am very careful about outing myself as
a jeweler and it is frustrating to feel this way. Do painters and
architects have this problem too?

It also has a stifling effect on my own work because I come up with
designs and many times someone else has been thinking along the same
wave length and has made something similar before I did, so I toss
the piece in a box and try something else. After the above experience
I became paranoid of being accused of design theft. So, for anyone
who has read this far: How does one overcome THIS type of creative
block? And, how does one prove that they did indeed come up with the
design themselves?

Marta G. Irvin
The Knight ‘N’ Gail
http://www.theknightngail.com

I heard of at least one fine artist a few years ago who had to
(according to contract) give the gallery 50% no matter where,
when, how the sale occured 

One must read their contract carefully. Yes, there are galleries
that insert a clause which states:

Sales made through introduction in the Gallery - will be subject to
commission (paid to gallery) for however many months after the
artist leaves the gallery. And, many will state the same for any
artist represented by the gallery. That’s only right. The client is
usually the Galleries client, if they choose to buy something, why
wouldn’t the gallery get the agreed commission if on consignment???
After all, the gallery advertizes, represents, and shows the
artist’s work.

I do visit galleries to see what is new and different that other
designers are making. I do not view this as any different than
reviewing Jewelry design magazines or even looking at what is
currently being sold in department stores and in their flyers. 

I hate to disagree with your theory… you visit galleries to see
what’s new, and perhaps to see what is selling - in a magazine, you
see some nice designs but you don’t know whether the same designs are
in galleries, nor do you know whether they are selling.

I am currently traveling in Hawaii with my husband, first for some
vacation days and then almost two weeks of conventions with my
husband’s business. We were here on the Big Island for the
earthquake, and what a way to start our holiday! Wow! Then last night
we had an 8 hour - yes 8! - continuous lightning/thunder/deluge. The
road our from our B&B flooded and was barricaded. What a trip!

We have gotten to do some great vacation things in spite of Mother
Nature though! We have gone into every art gallery we have found,
and lucked into a great glass blowing studio where we got to watch
them make a bowl. We have bought some lovely things. Yesterday in
Hilo we went into a gallery, and were actually looking for some
inexpensive handmade earrings to take home to our daughter and the
friend she is staying with part of the time we are gone. The first
thing the lady showed me was a pair of the coin pearls just on a
headpin. Blah!! I thought hard about what to say, given this thread
that has been going on, and finally said, well, my daughter and I
both make jewelry, and that is just a pearl on a headpin. I was
looking for something that shows some creativity, as we both like to
collect jewelry by other artists that is special. We wound up with a
pair of wooden earrings, with neat little weaving on them for the
girls, and a fantastic pair of tourmaline earrings for me that are a
cascade of faceted tourmaline tiny beads in a continuum of color,
ending in a tourmaline briolette. Really lovely, showing lots of
creativity, and the wire work is very nicely done. Could I make them
myself? Sure. Would I? No…not my style of thing to make, but I’ll
sure enjoy wearing them! The gallery owner had no problem with the
fact that I made jewelery, and was perfectly willing to show me
anything. I was really glad of her attitude, since I had wondered
after Amery’s post what would happen! So far everyone has been very
open and willing to talk with us.

Beth from SC but currently in Hawaii - any Big Island jewelers on
the list? I’d love to try and see you!

Lisa,

Wow, if you don’t have a contract or at least a written agreement of
some kind you’re leaving yourself wide open. In this world, you
can’t work without a net ! I wouldn’t do anything with any gallery
without some written stipulations, either mine or theirs, preferably
both. If they won’t agree, the red flag goes up and I go elsewhere.
Maybe it’s different where you are in CA, but I cut my teeth in NYC
30 years ago where contracts are the norm. If you are working through
Joe Blow’s gallery, you can’t sell through Jane Blow or out of your
studio because you have an agreement that says you can’t. Maybe times
have changed and I don’t know about it. I’ve been out of touch with
the whole scene since the early 80’s.

Marta,

I became paranoid of being accused of design theft. So, for anyone
who has read this far: How does one overcome THIS type of creative
block? And, how does one prove that they did indeed come up with
the design themselves? 

I’ve been thru this also. A few years ago I remember seeing a mentor
of sorts at an art fair. Upon looking at one of her necklaces I
remember thinking (and might have said out loud) oh no, I copied one
of your designs. Keep in mind that I was very new to metals at this
point. Looking back I now realize that the design in question was a
lentil bead. Simple as that. Hers was probably in gold, mine always
silver, engraved or roller printed. Most jewelers working with beads
have probably made a lentil bead or two in their day. I understand
that now but I was quite shaken when I thought I had copied someone
else’s design. (Sometimes I’m not the brightest cookie in the jar) My
current line is enamel on copper. It has evolved from tiles (yes,
tiles for a bathroom design). Someone from our local tile shop said
they would look good as jewelry, so I made a pair of earrings. My
friend looked at the mosaics laid out and waiting to be installed and
said they would make a nice necklace and here I am back into making
jewelry. I guess what I am saying is that you need to love what you
are doing and don’t worry about what someone may or may not accuse
you of. The lentil bead was not my design, nor was it the design of
my mentor, in fact the first lentil bead was probably fabricated ages
ago. The proverb “there is nothing new under the sun” seems to apply
here. As long as you aren’t out to deliberately copy the work, and
you know that, then just do what you love and love what you do.

Cande

I am very careful about outing myself as a jeweler and it is
frustrating to feel this way. Do painters and architects have this
problem too? It also has a stifling effect on my own work because I
come up with designs and many times someone else has been thinking
along the same wave length and has made something similar before I
did, so I toss the piece in a box and try something else. After the
above experience I became paranoid of being accused of design
theft. 

Okay I guess I’ll put in my 2 cents worth. I only want to say that I
painted for the first 30 years of my life before I got involved with
metal. I belonged to a co-op gallery and shared a studio with 3
other painters - a watercolorist, an oil painter and an avant garde
mixed media painter. I painted in gouache and acrylics and my work
was very influenced by my commercial art background. What I found
interesting was that often on the day for bringing new work to the
gallery, any number of us (referring to the other gallery members,
not necessary my studio mates) would show up having painted the same
subject - and we used to wonder why everyone was thinking the same
thing at the same time - but no two pieces of art looked the same.
Several of us showed up one day with paintings of trees. I had done
trees as a repetitive design, another did trees with reflections,
another did dead trees, etc. etc. We merely accepted this as
coincidence, never thought anyone was trying to steal someone else’s
ideas. I think perhaps there are those out there who would copy your
work (for perhaps they don’t have quite the skill to come up with
their own ideas or who are too lazy to do so) but for the most part
it has been my experience (and I’m now past 70 and have therefore had
quite a lot of experience with creativity) that most creative people
are just that - creative. They have no need to copy your ideas and at
most they may find that something you have created piques their
imagination in a similar direction and they will create something far
afield of what you have done. I say this whole bit is bordering on
paranoia - just get on with creating - and stop worrying so much.
Otherwise you will start obsessing about using turquoise for fear
someone else will think you are copying their choice of stone by
making a turquoise ring - after all look at all the diamonds that
are used and the myriad designs that emerge using diamonds. Some are
bound to be similar. Life is too short to get caught up with
unnecessary worry. Okay, there I’ve said it. Now I’ll step down from
my soap box.

Kay

our teacher assigned us to go to jewelry stores for experience in
looking at different types of design and workmanship then write up
a critique. It was NOT about stealing designs, it was just get a
wide base of knowledge and direction for ourselves. Well, that
didn't work out too well with one of the jewelry artists at a shop
I went to. When she found out that this teacher was sending her
students out on this mission she went ballistic" 

A jewelry store is a place that sells jewelry. I appreciate this
writer’s earnestness and innocence, but when these people walked into
stores, they weren’t, by plan, going in to buy jewelry. Don’t blame
the owners, it’s just part of life…

I hate to disagree with your theory... you visit galleries to see
what's new, and perhaps to see what is selling - in a magazine,
you see some nice designs but you don't know whether the same
designs are in galleries, nor do you know whether they are selling. 

And I hate to disagree with your theory… I’ve known many designers
who have had their jewelry in magazines that could hardly keep up
with the production that the exposure generates. They pick up retail
stores and retail customers through having their designs in magazines
like Lucky and InStyle. I wouldn’t underestimate the power that some
of these fashion mags have over the buying public.

When I worked retail, we had a designer who received a lot of press,
Lucky, InStyle, Daily Candy, W Magazine, to name the biggies. In
some of them, they had a tagline with our store name on it. We would
get numerous phone calls (sales) a day, from all over the country
whenever her pieces were featured. We also framed some of these and
put it on top of her case and I swear people would buy her pieces
because they saw the framed pic!

I know this won’t happen every time, it’s not a guarantee, but in my
experience it generated a lot of sales.

-Amery
Amery Carriere Designs
www.amerycarriere.com