Legal definition of hand made

Jewelry Discussion
21 
Is there anything wrong with selling a "18k white gold diamond
solitaire", as opposed to selling a "hand made 18k white gold
diamond solitaire"? Is this a marketing perceived value thing?

If you are in the business of selling jewelry then the answer is yes
it is most definitely a “marketing perceived value thing” It doesn’t
matter how it is made, selling your work comes down to convincing
someone that what you are offering is worth their money. Your value
proposition could be that what you are selling is offered at the
lowest price they can find for such an item or, that the item is of
the highest possible quality, no expenses spared or, it is made with
the newest tech or, the most ancient time honored methods. It really
doesn’t matter how you want to work this but you must understand
what you are offering and how to present it. Saying it is an “18k
white gold diamond solitaire” doesn’t have much appeal but adding the
adjectives “lowest price” or “highest quality hand made” will allow
you to connect the type of customer you are selling to. Which
customer type you are targeting is a personal decision, where in the
marketplace you want to work, what is your value proposition?

Jim

James Binnion
James Binnion Metal Arts

22 
If this process is so awesome, why not advertise as such. It is
amazing how, regardless of all these wonders, people do not want
to admit that it is casting and want to represent it as hand made.

I know one local jeweler who does exactly this. Most, if not all
their work, is cast, with the waxes done on small CAD/CAM mills. The
customers for their work (which is mostly custom, made to order), are
there while designs are refined on the computer, and after the waxes
are milled, invested, and burned out, the casting operation is a
scheduled event, turned into a party, wine and cheese included
sometimes, with the customers watching and even assisting (or
thinking they are assisting…) They watch the raw metal get melted
and spun into the molds and the molds quenched to reveal their newly
born jewelery. Like magic. The customers love it, and the jeweler’s
skills, which amount to being very good with finishing and stone
setting, but almost non-existant with more advanced fabrication, are
nicely showcased as well. The word “hand made” never enters into it.
It’s “custom”, made to order, a personalized experience for the
customer, etc. So here, the casting process is not a way around the
effort of hand making jewelery, but rather a process that’s optimized
for their whole marketing approach.

Peter Rowe

23

Thanks muchly Jim,

It’s early days for me, I haven’t settled on a jewellery direction,
definitely what I am learning is going toward enhancing existing
items.

I knife looks much better with precious metal fittings.

Regards Charles A.

24 
In thjis matter, following the regulations in your legal
jurisdiction is not the pointl. Ethical behavior is the point. If
you know the regulations and you choose to not follow them, what
else in your business do you also not follow the regulationns. If
you do not follow the regulations in one area, how can I trust what
you say. ETHICS is the point.

Thanks John,

I get it now. It’s about saying what it is and not misrepresenting
yourself.

Regards Charles

25 
While I agree you define an approach to making a piece is
certainly "hand made" you don't admit the validity of alternative
possibilities.

am well acquainted with the way custom orders are made ( or used to
be made ) in Tiffany workshop in New York.

Client brings a stone or stone is purchased by the company. Designer
makes a drawing and drawing with stone is delivered to goldsmith who
makes it in wax or in metal, but most of the time wax. It is more
economical, but not faster. Sometimes wax can take several weeks. The
wax is then cast and casting goes back to goldsmith. Each and every
piece is individually finished and inspected under microscope for
porosity.

If everything fine, pieces are assembled, or set with gemstones and
assembled afterwards.

Everything gets polished again and inspected again for porosity in
solder seams.

After that it is touched up and final adjustment is made ( if there
are mechanisms involved ) and only than delivered to a client.

Very exhausting, long, and expensive process. But under FTC
definition it cannot be called hand made and for the valid reasons.
And it never impaired them in any way, because quality of production
is obvious and no verbal or written embellishment are required.

I am only making handmade pieces and I will be first to admit that
there are a lot of handmade crap out there.

Handmade is legal definition of method of manufacturing and not a
mark of quality.

Leonid Surpin

26 
May be these bureaucrats in FTC do know something, after all. I do
not want to put Charles on the spot, but sometime ago I issued a
challenge, which he accepted - to produce eternity ring like it
depicted on my DVD, by any technological means: CAD/CAM, casting,
lasers, anything at all. It has been a few month and apparently he
is having some difficulties with it. The challenge still stands.
Use any technology, anything at all to make the ring of equal
weight, equal strength, and equal appearance. Give it a try and the
difference between primitive hand made versus wondrous, awe
inspiring, technically superior casting becomes apparent. Leonid
Surpin www.studioarete.com

Think nothing of it Leonid,

I accepted the challenge, noob though I am, so I’m not being put on
the spot.

I’m still working on it, amongst other things, but I wanted to keep
it fun, so I’m not busting my balls.

The difficulties I’m having are as follows :-

  1. I’m using Lightwave to make the models, and converting them to an
    .STL format, I am getting conversion errors. If I were using Rhino,
    I would be suffering less. But I want to use what I have available.

  2. I’m using Lightwave in ways I have never done before, so there’s
    a learning curve. Usually I make very different things with the app,
    and do a little compositing.

  3. Finding time amongst the day job, study, children & SHMBO.

  4. I have a general level of inexperience in the jewellery trade,
    but I’m learning, so these problems will lessen over time.

The progress thus far is that I’ve managed to make the channel
section of the ring, and due to lack of experience I haven’t found
the best way to make the fish tail section. I’m taking the channel
section directly to the casting house tomorrow to see if I can figure
out the conversion issues (it may come down to the fact that I may
have to buy a student copy of Rhino).

I was thinking that the wax printing would be substandard, and was
about to admit defeat, as I had only seen images of the printing, and
they looked awful. However 16 micron printing is very smooth, it was
just colour variations in the wax layers that made me believe
otherwise.

So from this technology, I will be able to produce Leonid’s ring,
and it’s properties will be as follows :-

It will take a polish, the level of which I am yet to determine. It
may not take a polish as well as a hand wrought ring, but I’ll give
it a go. It will have the same shape, and dimensions (or as close to
as I can figure out from the picture supplied). It will be able to
take stones, they have done this already with traditional casting
methods, and the wax printing seems to be the same.

What the ring will not have is the work hardening that comes from a
hand made ring, and I know this from the get-go.

For me it’s an exercise to see if I can. If I can’t, then I’ve still
learned something, and share the results.

I’ll keep you posted.

Regards Charles A.

P.S. I did a casting experiment the other day using lost foam and
Freeman’s Fillet material. So cool, much faster that investment or
hand wrought, but that’s for another post :wink:

27

I think that some of us (me) often feel a need to distinguish our
work from production items and have that explain why our things cost
so much more… For example, among other things I make Dragonfly
Earrings that are usually one of a kind and unusual in design. When
I check out Dragonfly earrings on Google, there are hundreds of them
that look pretty good in the pictures, but that, to me are
obviously massed produced–and they are cheap! I don’t think that
would be so obvious to most people. so I want to convey to them why
my work is different and has greater inherent value. I realize that I
can choose not to make items that will directly complete with mass
items, but I don;t like that choice at all.

Sandra Buchholz
Elegant Insects Jewelry

28

/“accomplished by hand labor and manually-controlled methods which
permit the maker to control and vary the construction, shape,
design, and finish of each part of each individual product.”/

Just an opinion: I believe that casting, if performed by hand, would
be included as hand-made or hand wrought. If the item is cast by an
automatic casting machine then it may not qualify.//

/ /From “Jewelry Concepts”, Untracht,/ “The casting process
developed late in the 4th millenium B.C., and it began with the art
and science of metalurgy.” /and:/ /From Wikipedia /" with the
lost-wax process being one of the oldest known metal forming
techniques. From 5000 years ago, when beeswax formed the pattern,"/

A second opinion regarding the guidelines /“manually controlled”/
would in fact include a table saw, or a Foredom, a mill or a lathe.
Anyone truly interested in this subject should/must read “The Nature
of Workmanship”, David Pye. Specifically the chapter starting on page
25 where he presents the topic of “Hand-made” and the risk of
uncertainty.

Obviously all opinions must be presented and argued in a court of
law where a jury/judge would make the final decision based on that
particular case. More details as to what is or isn’t hand-made
etc… would be found in case law.

These are just a few things to think about before making any
judgments.

Sincerely,
Phil

G. Phil Poirier
Poirier Studio

29

I tend to often use a lot of machines but if paid enough would flip
off the power and work by kerosene lamp. Results would not be good as
I can produce with my toys.

I usually just say that I made the object. Full disclosure if
requested of the entire process starting with pulling out an ingot of
fine… Usually good for that deer in the headlights glazed look
within minutes.

jeffD
Demand Designs
Analog/Digital Modelling & Goldsmithing
http://www.gmavt.net/~jdemand

30

After reading the discussion about the criteria for calling an item
hand made, I have come up with a question that seems to beg asking.
If I form a piece of jewelry from wire and sheet metal using hand
tools, I can call it hand made. Then, if I set a facetted tourmaline
in the piece I have prepared, according to the rules that have been
discussed on this site, I could no longer claim it as hand made since
I do not cut facetted stones and essentially all of them are cut
using complex machinery. It would seem that the rule relative to use
of hand tools would apply here if, as has been stated, it applies to
the use of jewelry lathes, etc. Would this be true?

In fact, however, none of this concerns me in the least. Everything I
make is a new design that comes from my head and my hands. After
working making settings for facetted stones, I decided that I was
wasting my time when similalr settings were available commercially,
and could be incorporated into my deslgns with ease and without
compromising the design concept. To refuse the use of such components
in the cause of some notion of the purity of ones work reminds me of
Don Quixote and his windmills. So my work is hand crafted or hand
assembled instead of hand made, big deal. As for castings from waxes
I design, carve, cast and finish not meeting the criteria for hand
made, it is to laugh. I think none of this affects the value that my
clients and I place upon my “handiwork”.

Gerald Vaughan

31

Hi Phil,

Just an opinion: I believe that casting, if performed by hand,
would be included as hand-made or hand wrought. If the item is cast
by an automatic casting machine then it may not qualify.

Here is my reason for saying a casting is not hand made. The pattern
(wax or other material) can very definitely qualify as hand made but
since you need to mold it in investment to make a metal part it is
no longer the original hand made item but rather a copy of the
original pattern.

I have read and greatly enjoyed Pye’s books and am a firm believer
in his concepts of risk and uncertainty as distinguishing a hand made
item. Casting is a process that needs to be preformed with
meticulous care to get a good result but can one truly show mastery
in the act of pouring metal into a mold? Does the resulting raw
casting of a competent beginner show any real difference from a
masters inherent in the act of pouring the casting? Sure the carving
of the pattern and finishing of the resulting casting will reveal a
masters hand but the act of pouring the casting itself does not
differentiate as long as the mechanical procedure is correctly
followed.

Techniques like freehand turning on a lathe or hand engraving with a
power assisted tool are still fraught with what Pye refers to as
“workmanship of risk” where the masters hand produces an obviously
superior result to the beginner and should easily qualify as hand
made. The skilled craftspersons hand is absolutely necessary to gain
a quality result but, in the act of casting this is not the case.

And yes for those who want to flame me on this I am fully aware of
the level of knowledge and experience required to repeatably produce
good castings. I began to learn the basics of lost wax casting at the
age of 14 in high school crafts classes. At one time I was a
production manager in a casting job shop. I have also taught casting
in workshops, crafts classes and at the college level. I can teach
most reasonably dexterous people how to cast in a very brief period
of classroom and hands on time. Those beginning students can produce
very good castings in short order as long as someone with more
experience is verbally giving them the parameters they need to
follow. Try that with engraving, stone setting or other techniques
where the control and “feel” for the tool as it is applied to the
workpiece is paramount.

James Binnion
James Binnion Metal Arts

32

In the end, we are unlikely to all agree where the limits are to
calling something handmade. And who is to judge? I say that not as a
philosophical question, but as a matter of reality. There is no
“board certified” standard of handmade that has any kind of
widespread consumer recognition. If I describe my work as handmade,
who is likely to disagree? And if they disagree, so what? The
original question asked for a legal definition. How likely is anyone
going to be in legal trouble if they cross some line? Maybe there
are some government/legal standards on the books somewhere. But there
are no art police enforcing them, other than at certain fairs and
festivals. Even there people pretty much mind their own business,
although back-stabbing is not unheard of.

The terms “handmade” or “hand crafted” are part of your marketing
image and probably also an emotional part of your self image. If you
can plausibly present what you do as handmade, it is really up to
you if you use that term. But I have seen too many craftsmen refrain
from using techniques that would benefit their work and improve their
income, relieve stress on their hands and generally make their lives
better, all because they are so idealogically commited to a strict
concept of handmade. That is a choice, a sacrifice really, that was
more common a generation ago than it is now. I say, make what you
want to using the techniques that make the most sense. If what
results can honestly be called “hand made” and you think it will be
helpful to call it that, go ahead. You don’t need anybody’s
permission. Quality and good design are what is really going to sell
your work. “Hand made” seemed like something magic 40 or 50 years
ago. But I don’t think todays audience for fine things is nearly as
impressed with the concept of handmade as people once were.

Stephen Walker

33 
Then, if I set a facetted tourmaline in the piece I have prepared,
according to the rules that have been discussed on this site, I
could no longer claim it as hand made since I do not cut facetted
stones and essentially all of them are cut using complex machinery.
It would seem that the rule relative to use of hand tools would
apply here if, as has been stated, it applies to the use of jewelry
lathes, etc. Would this be true?

The FTC regulations concern the ring. Not the stone carried by the
ring. Handmade refers to the forming process (the process by which
the final material of the object is formed. Carving wax is not
forming the object) of the object not it’s decoration. Example; a
box. The cover, hinge, and tub of the box would have to be handmade.
The finial, feet, and/or handles do not unless their design is
contiguous to the design of the main object. Think continuous versus
decorative.

This is example is taken from experience with the legal system
concerning the FTC regulations. It is more than a couple decades
old, as I have avoided any confusion since.

The discussion reemerges time to time because people sense the value
of being handmade, and want to be on the band wagon, but not do the
work. If you are casting objects they are not handmade. If you are
casting finials who cares.

Dan Culver

34

I don’t think the stone has anything to do with the "handmade"
portion of the FTC guidelines.

Russ

35

Add to this that often a metalsmith like myself has crafted the wax
and built the mold that the casting takes place in. The actual wax is
"hand made" by their terms, so the resulting piece must presumably be
hand made as well, because by their definition, “manually-controlled
methods which permit the maker to control and vary the type, amount,
and effect of such (an) operation on each part of each individual
product” So I’m am assuming that my centrifugal casting is indeed
"hand made" by these terms described when we use a centrifuge? I
personally would not worry too much about the tiny specifics in my
own studio. Now, as far as mass production, I do not know, but
thought to throw in my own 2 cents worth, heat it to the right
temperature and spin it around until it gets in the nooks and
cranies, LOL

Teresa

36 
The actual wax is "hand made" by their terms, so the resulting
piece must presumably be hand made as well, because by their
definition, "manually-controlled methods which permit the maker to
control and vary the type, amount, and effect of such (an)
operation on each part of each individual product" So I'm am
assuming that my centrifugal casting is indeed "hand made" by these
terms described when we use a centrifuge?

Perhaps if we said handmade involves files (manually held), jewelers
saw (manually held), torches (manually held), flex shaft (manually
held).

You use files, saws, flex shaft on wax, so the wax is handmade. You
sprue the wax by hand, you mix the investment by hand,( does not
alter the material) you put the flask intothe kiln by hand (does not
alter the material)… then burnout (not manually held) and vacuum or
centrifugal casting machines (not manually held), then these
processes are not manually controlled processes.

Yes you use your hands to move stuff around, but your hand is not
guiding the tool or equipment to alter the material. Holding the
material in your hand or a vise and altering it physically with
tools that are hand held or stationary seems to be the point.

Pretty simple, why argue?

Richard Hart G.G.
Denver, Co. 80210

37 
And who is to judge? I say that not as a philosophical question,
but as a matter of reality. There is no "board certified" standard
of handmade that has any kind of widespread consumer recognition.
If I describe my work as handmade, who is likely to disagree? And if
they disagree, so what?

If the matter reaches the federal level a judge will decide. If you
defy the judgement you will be back in court.

Quality and good design are what is really going to sell your work.
"Hand made" seemed like something magic 40 or 50 years ago. But I
don't think todays audience for fine things is nearly as impressed
with the concept of handmade as people once were.

Hardly; handmade items and objects were far more readily available
40 or 50 years ago, and most people were raised in a household with
at least some sterling or gold heirloom object that they were taught
to respect. They were much more educated about craft than people
today younger than about 40. Go back about 75 or more years and every
household would of had personal knowledge of a person making their
living through handmade craft of some type.

Dan Culver

38

If I describe my work as handmade, who is likely to disagree? And
if they disagree, so what?

If the matter reaches the federal level a judge will decide. If
you defy the judgement you will be back in court.

If Richard states his work is handmade because he hand carved the
wax and Jim says cast work cannot be called handmade under a strict
interpretation of FTC rules, they can, and do, argue about it on
Orchid. They both make valid points. But it is unlikely in the
extreme that the matter is going to go to federal court. Or that
there is going any lesser enforcement or even an expression of
concern from anyone at the FTC or any other offical compliance
agency.

People get in legal trouble for lots of things, but I have never
once heard of anyone being taken to court because there was a
disagreement about the use of the term “hand made”. Has anyone? Speak
up if you have. It would be useful to this discussion. My point
wasn’t that it couldn’t happen or even shouldn’t happen. Just that it
probably won’t happen to you, especially if your claim is reasonable.

Stephen Walker

39 
People get in legal trouble for lots of things, but I have never
once heard of anyone being taken to court because there was a
disagreement about the use of the term "hand made". Has anyone?
Speak up if you have. It would be useful to this discussion. My
point wasn't that it couldn't happen or even shouldn't happen. Just
that it probably won't happen to you, especially if your claim is
reasonable.

But is this about more than whether you get into legal trouble?
Isn’t the crux of the issue that customers pay a good price for goods
because they believe the term “hand made” means that things were made
by hand. Not that they were made by machine. They do understand the
components have been machined at some point (eg sheet silver, etc)
but they have a right to expect that hands had a major role in the
construction of the piece. It is not a legal issue, it’s a moral one.

Anna Williams
www.annamwilliamsjewellery.com

40 
If Richard states his work is handmade because he hand carved the
wax

Seems my post was misread.

I went through the process to point out that carving the wax is the
han= dmade controlled part, investing and burn out are not. That is
where the item gets separated from hand made.

Vacuum investing (unless you are sucking the air out with your
lungs) and centrifugal or vacuum casting is the line at which you are
not controlling the process by your hand altering the material.

Investing does not alter the wax. Burning it out with a kiln does,
and that is not a process controlled by your hand altering the wax,
even if you flipped a switch to start it. Winding up the arm of a
centrifugal casting machine does not alter the wax. Casting is an
industrial process.

If you make a wax, and cast it, and maybe solder on some heads that
you bought, and set some stones, and you need to stroke your ego by
saying it was handmade rather than you made it, as long as you are
aware that how you made it does not meet the standards of the FTC, go
ahead and do it. However, when you show it to me and tell me it was
handmade, I will wonder what else you are misrepresenting about
yourself.

Richard Hart G.G.
Denver, Co. 80210