Internet Commmerce phenonema

Hi Everyone,

I have a question for the group to toss around - if you choose to -
I am anxious for others opinions. I haven’t been on the list for
quite awhile ( just couldn’t keep up with you all!!!). So I would
much appreciate any discussion also being sent to one of my e-
addresses Silvrgrl@earthlink.net or @jody

So here’s the phenomena I’m questioning:

I had an interesting thing happen. A customer - who saw my work at
a retail show - sent me an e-mail to order a pair of earrings. The
interesting part is that it came via an Arts Site that I participate
on: ABSOLUTEARTS.com I have a page on their site with images and
descriptions etc. If you aren’t aware of it - it’s free - you get
one page. If you have an inquiry - and I’ve had a few of them from
people I don’t know… The inquiry comes via an anonymous e-mail.
i.e. You get the inquirers return address but the address they see it
going to is “Absolute Arts”. Presumably to protect your privacy.
Anyway, finding it interesting that I would get this order via their
site rather than my own website - I went to DOGPILE.com and typed in
my name for a search. Absolute Arts came up first - in and of itself
interesting…

But here’s the question to toss around. I also came upon a site I’d
never heard of - so I went to it and took a look around. They have
three of my pieces on the site for sale. I finally figured out that
it was a Gallery (site is not the same name - but I deduced this from
the contact info) that I no longer do business with. Incidentally
this is BECAUSE of her business practices. Well, the prices on the
pieces are all JACKED up! Like my $150. bracelet is listed for $200.
I have no doubt that it will NOT sell for $200. - it’s not worth
$200! This really ticks me off. I don’t know exactly why - but it
does. So, what can we do about this happening? Probably nothing on
this one - cos she bought the work from me, so I no longer own it.
However, I AM considering a clause on my invoices that work will not
be sold on the Internet (and maybe in Galleries too) for MORE than
keystone without my express permission. Would love to hear what you
all think?!?!?

Meanwhile - Happy Holiday’s to you all.

jody

Hi Judy, Legally, the copyright of the (image of the) object is yours
unless you expressly signed it away when they bought the piece. This
means that no one can take a picture of your work and use it without
your consent (no matter what the rights of a photographer-your rights
precede theirs). You therefore have some grounds to prevent images of
your work from being used in this manner.

Reality may be that it is not worth the fuss and you might celebrate
the apparent rise in value of your work…

best
Charles
Charles Lewton-Brain/Brain Press
Box 1624, Ste M, Calgary, Alberta, T2P 2L7, Canada
Tel: 403-263-3955 Fax: 403-283-9053 Email: @Charles_Lewton-Brain
Metals info download web site: http://www.ganoksin.com/borisat/tree.cgi
Book and Video descriptions:
https://www.ganoksin.com/kosana/brain/brain.htm
Gallery page at: http://www.ganoksin.com/brain/gallery.htm

     However, I AM considering a clause on my invoices that work
will not be sold on the Internet (and maybe in Galleries too) for
MORE than keystone without my express permission 

Why in the world would you like to see your work sold for less than
someone thinks they can get for it? If they think your piece is
worth more than you do maybe you are underselling yourself. And if
they bought the piece from you wholesale and have paid for it they
have the right to ask any price they want for it. Daniel R. Spirer,
G.G. Spirer Somes Jewelers 1794 Massachusetts Ave Cambridge, MA 02140
617-491-6000 @spirersomes www.spirersomes.com

Jody,

First of all you can’t legally set the price that a retailer sells
an item for, period. This is why you see price tags printed by the
manufacturer that say “suggested retail price.” Specifically, I
don’t see why you would be upset. That someone believes that your
work IS worth more than you do or that they believe they can sell
your work for more than you can is, in the least, a compliment.
That it is a problem for you when trying to keep your prices
consistent is merely a reality you have to live with. Be glad that
the problem isn’t the other way 'round and they are discounting your
work by $50.00, a common occurrence in the retail fashion market
right now! As well, remember that some stores have higher operating
costs than others and need the higher markup.

I remember when I worked for a very upscale independent jewelry
store being surprised that the prices in the store in the suburbs
were lower than the prices for the same merchandise and services at
the branch in downtown Greenwich, CT. Then I discovered how much
more nearly all the costs were in that store, from salaries and
security to rent and utilities.

Larry Seiger

Dear Judy, I’m with Daniel on this one. I thought about it for a
couple of days since you asked about what I considered "controlling"
your market. Once an item is sold your claim is gone as well. Unless
you had some prior arrangement. I would think ,as one who has resold
merchandise from wholesalers, that any prior agreement would simply
make the sale more difficult. I have the same feelings about design.
As one with out the deep legal pockets of say, Disney, if my designs
were copied I would be angry and jealous but, I would move on and
simply be happy with having been the original. There are allot of
craftspersons who couldn’t design their way out of a paper bag and
MUST steal. My biggest fear was I would send my designs to be made in
Indonesia and they WOULDN’T be copied, then I would be pissed. Sam
Patania, Tucson

If you put this clause on your invoice it’s likely you won’t see
your work sold on the internet or in galleries. Think about it: set
a price that you feel fairly compensates you and then turn it loose.
There are alot of considerations on the other side of the fence that
you know nothing of.

A jeweler I know was asked why he didn’t wholesale and his reply was
"other people will be making money off my work". The way of the world
or at least commerce. Do you have an appreciation of what it takes
to sell a product? This has been appended to Daniel Spirer’s response
as I don’t know who made the statement about keystone pricing. KPK

All, I have been on the Internet with a website for about three years
now. You can expect that most people who browse your site are other
business people and crafts people looking to see what you are doing.
I ran into this problem right off when I found some of my images
stolen and posted on other people sites. If you have unique products
you must protect them or someone will copy you.

To accomplish this I have posted on my site www.galarneausgems.com a
few examples of my work. All my more unique pieces are only shown
through a special URL that I change with each posting. Only people
that I give the URL to will know the URL and have access to my most
current unique products. This URL will be only given out to people
who request to be on the list and who purchase off the list. If
they do not purchase off the list in one year they are removed from
the list and must give me a very good reason to be reinstated.
Internet business is not free. Internet business is dangerous if
you do not want your ideas stolen for someone else to profit off.
Be careful, provide your service to customers, cut out the thief’s.

Gerry Galarneau www.galarneausgems.com