Legal definition of hand made

Jewelry Discussion
61 
It is interesting to note that goldsmith, who do practice strictly
handmade process, do not have a problem with FTC definition, but
others do. Quite fascinating.

Assuming this was directed at me (based on your use of the full
paragraph quote from my post), you are right Leonid, I do have a
problem with the FTC guidelines. With your strict adherence to
traditional hand methods, you should too, even more so than I,
because as it is currently written the law cuts into your turf a lot
more than mine. It is missing several key words and terms such as
“unique”, “cast parts”, “lost wax”, “mold”, “reproduction”, “power
assisted”, “computer controlled”. If some of these words and terms
had been included, this discussion would not be taking place at all.
Words mean things, and sometimes, especially when it concerns the
law, the absence of certain words can mean even more.

As it is, the FTC’s guideline concerning the term “handmade” is all
but worthless as a definition. The law is ambiguous at best,
downright harmful at it’s worst, and that’s my real problem with it.
Anybody can legally call anything they want “handmade” as long as it
doesn’t have findings and wasn’t produced using cnc machines. As Neil
kind of said, if it ain’t in the law, it must be OK. So far, no one
has been able to quote any part of the law that directly or
indirectly excludes castings, only opinions about what they think the
law infers. So, because castings aren’t mentioned, either directly or
indirectly, they must be OK. Not my opinion, I’m looking at the law
itself.

If anyone thinks I’m wrong, quote the law, not just an opinion, and
prove it.

The FTC’s guideline concerning the term “handmade” is a perfect
example of what happens when government bureaucrats that have little
or no experience with or knowledge about what they are trying to
regulate, write laws. They usually cause more harm than good. This
thread and others before it do more to self-police our industry than
any government regulations can or ever will. People new to the trade
that are trying to decide if their work can legally be called
“handmade” that are reading it, now know that to call something that
is produced from a mold “handmade” is considered by the vast majority
of their peers to be inaccurate, fraudulent and deceptive, even if it
is by a strict reading of the law, legal. But they sure aren’t going
to get that message from reading the FTC guidelines as they are
currently written. Because casting shot waxes is not addressed at
all.

One little piece of advice from a retail jewelry store owner for
people considering selling their jewelry to retailers. Don’t use the
term “handmade” to describe your jewelry, especially to a store owner
that doesn’t work the bench. It immediately conjures up images of
eighth grade art class projects, and most will tell you they aren’t
interested before you can say another word. I certainly will.

Dave Phelps

62

Hi Leonid,

Let's put FTC language aside for a moment. There has been quite a
lot of work done in academic community, towards determination of
whether or not piece is handmade. Anybody, who is involved with
antique jewellery of some value, knows how many fakes exist of
historically significant pieces. To ascertain their true origin,
the exact determination of method of manufacturing is of paramount
importance. It is from these academic works, the difference between
handmade and cast becomes strikingly obvious.

The definition of a goldsmith is :- a metalworker who specialises in
working gold and other precious metals. How that gold is worked does
not change that definition.

If you’re talking antiquities when it comes to jewellery, a greater
proportion were cast then finished, as opposed to being hand
wrought.

Casting alone does not make a piece of jewellery (unless the crafts
person wants that to be the case), however casts are rarely left as
straight from the mould.

This can also be said of hand wrought pieces, they need to be
finished after the rough work is done. And I hazard a guess that we
as fine jewellers (or aspiring fine jewellers) use machines to finish
our work, to put that very high polish onto the piece. Where’s the
hand made label when you use a machine to polish?

It’s about getting your work out there, either for profit or
recognition.

Regards Charles A.

63 
Assuming this was directed at me (based on your use of the full
paragraph quote from my post), you are right Leonid, I do have a
problem with the FTC guidelines. With your strict adherence to
traditional hand methods, you should too, even more so than I,
because as it is currently written the law cuts into your turf a
lot more than mine.

No, my comments were not directed at anyone. Just a general
observation.

As far as who is affected and how:

The language that FTC is using is constructed to make prosecution
possible in they chose to do so. The terminology is very carefully
defined, based on precedents and ability to prove it in court. It has
nothing to do with what goldsmith does, or does not do. I am quite
sure that if a goldsmith is guided by the best interest of a client,
he/she has nothing to worry, even if use of certain terms may
constitute a violation. In other words, if there is no victim, there
is no crime. I mention it before. Faberge works are commonly
described as handmade, but nobody was ever prosecuted for that.
Faberge used casting; appearance of his enamels, in part, are due to
machine engraved backgrounds; and etc.

Handmade is not a sign of quality, it is description of method of
manufacturing.

Sometimes handmade pieces are better and sometimes they are worse.
What can be said is that in general, handmade pieces are more
expensive. So if someone in the market for a handmade, FTC language
is to protect that someone, so he gets what he is paying for.

Leonid Surpin

64 
If you're talking antiquities when it comes to jewellery, a
greater proportion were cast then finished, as opposed to being
hand wrought.

Casting was very crude and pieces needed to be chased, engraved,
assembled and etc. Metropolitan museum in New York has a lot of
research done on the subject. Ancient castings were just a little
better than starting from square ingot.

Casting alone does not make a piece of jewellery (unless the
crafts person wants that to be the case), however casts are rarely
left as straight from the mould.

Even the most primitive jewellery requires participation of skilled
craftsman. But there are degrees of skills. To fabricate jewellery
entirely from scratch, without any assist of technology, is a skill
probably one of the most sought after.

This can also be said of hand wrought pieces, they need to be
finished after the rough work is done. And I hazard a guess that
we as fine jewellers (or aspiring fine jewellers) use machines to
finish our work, to put that very high polish onto the piece.
Where's the hand made label when you use a machine to polish?

Fine polish is not the result of using polishing lathe, or any other
“machine”. In handmade jewellery, a lot of polishing is done by hand,
as a matter of fact. Even more important is to realize that polishing
starts when one pours an ingot, to begin the process of fabrication.

Fine polish is a mark of quality. It tells if internal structure is
solid. It tells wether or not piece was annealed properly, and etc.
By studying how well piece responds to polishing, a lot can be said
about how jewellery was made. Polish obtainable on hand-wrough piece
is simply unachievable on cast jewellery, regardless of method of
polishing used.

Leonid Surpin

65 
Casting was very crude and pieces needed to be chased, engraved,
assembled and etc. Metropolitan museum in New York has a lot of
research done on the subject. Ancient castings were just a little
better than starting from square ingot.

Crude? Absolutely not. There are many fine examples of jewellery
castings, as well as practical castings that date back thousands of
years.

Granted our ancestors didn’t have the wonderful tools we have today,
but they were far better craftsmen then the metal smiths of today,
because they could achieve the same or better results with very
primitive tools.

Even the most primitive jewellery requires participation of
skilled craftsman. But there are degrees of skills. To fabricate
jewellery entirely from scratch, without any assist of technology,
is a skill probably one of the most sought after.

If we’re talking history, the blacksmith followed by the metal
caster were held in higher regard than a jeweler ever was. This was
due to the fact that they could do things that others were mystified
by. It was also needs driven.

There was more a need for swords than there was for rings.

The greater quantity of jewelery in Europe was bronze, glass, and
stones.

If we’re talking today, I don’t know anyone in the western world
that makes jewelry without modern tools (I’m sure there’s someone,
however I’m yet to hear of them). Countries in Africa, they have
goldsmiths that cast gold virtually in their hands. Amazing to watch.

Fine polish is not the result of using polishing lathe, or any
other "machine". In handmade jewellery, a lot of polishing is done
by hand, as a matter of fact. Even more important is to realize
that polishing starts when one pours an ingot, to begin the process
of fabrication.

You’ll have to explain this better. Are you saying that you don’t
use machines for a fine polish?

The way I understand it is that you have your piece of stock gauge,
or an ingot that you’ve cast yourself. You do the crude work in the
shaping, you us fine grits to take the jewelry to a point then use
use Tripoli to go even further. You finish using rouge.

Is this incorrect?

Regards Charles A.

66 
I am quite sure that if a goldsmith is guided by the best interest
of a client, he/she has nothing to worry, even if use of certain
terms may constitute a violation. In other words, if there is no
victim, there is no crime.

My experience is that concern over what is handmade enough to justify
the term is more common from other craftsmen than from consumers. I
am trying to remember if I have EVER heard a customer complain that
something they bought turned out not to be as handmade as they were
led to believe. I can remember many comments from other craftsmen
about this, as gossip, as jury deliberations and as back-stabbing
attacks on rivals. I can remember some, but not many, complaints
about the uniqueness of things from customers. That would be
disappointment about something percieved to be one-of-a-kind that was
actually a multiple. Or disappointment when the customer learned that
an apprentice or employee did the job rather than the “name”
craftsman who runs the business. But these disappointments are based
on the perception of how work gets done and how that differs from
what really happens. It also has a lot to do with the ideals of
creativity, originality and lifestyle. Some craftsmen take those
ideals more seriously than others. But if you do good work and treat
people honestly diferences in values and visions are not such a big
deal.

Stephen Walker

Andover, NY

67

OK.

It is time to call all you of you out.

A strict interpretation of the law means that NONE of you are making
handmade jewelry.

It is unfair or deceptive to represent, directly or by
implication, that any industry product is handmade or hand-wrought
unless the entire shaping and forming of such product from raw
materials and its finishing and decoration were 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.

We have jewelers who pull wire through drawplates where the
drawplate determines the shape of the wire.

Jewelers run sheet through rolling mills where the rolling mill
determines the shape and finish of the sheet.

Jewelers even forge metal where the finish and shape of the hammer
and anvil determine the shape and finish of the individual product.

I submit that if you apply a strict interpretation to the legal
definition of handmade, the only handmade jewelry is made of raw
gold nuggets that are bent with the jeweler’s fingers. They are
scratched with their fingernails.

The true craftsman of handmade jewelry wouldn’t even bite the gold
with his teeth to leave an impression because that wouldn’t be
handmade.

It would be mouthmade. There is a serious point to this ridiculous
writing.

Maybe the real reason why nobody knows of an example of a jeweler
who has been prosecuted under this law is that the law is vague and
unenforceable.

Even the experts can’t agree on what handmade means.

I only ask you to apply your standards evenly.

If you have an opinion on the handmade quality of a casting produced
from a hand carved wax, than use the same standard for sheet that has
been patterned in a rolling mill against leaves.

Ponder where those little bumps came from the next time you use a
millegrain tool.

Consider that if you etch, your fingers are not removing metal, the
acid is. I submit that your customers probably don’t understand how
any of these processes work.

However if you carefully described them, the customer would likely
decide that all of these processes produce handmade jewelry.

This honest communication is the only thing that really matters.

68

This may have already been said- and if so- pardon… I enjoy the
banter and views and the ultimate “how many angels can fit on the
head of the pin” arguments… but in all fairness- the ultimate
definition lies not in OUR perceptions- but those who both purchase,
value, inspect, and support our arts collectively. In the end- if
the FTC comes knocking on your door- someone invited them to the
party… Often the guidelines and codes and legal-ese that is tossed
about is applied to a model of what a “similar and fair and prudent
peer” would do… you are being compared to a mythical “standard.”

In the end- try defending it to a client asking about methods. The
higher in the food-chain… the more descriminating the taste. Im
not turning this into a caste system type position- just presenting
the demigraphics of handmade vary from level to level… Consult an
attorney if you are that concerned who deals in trade and
manufacturing guidelines… but then again- in the end- you have to
be ethical and defend ANY methods used to clients first- if they are
happy- then cash the check and sleep well.

This discussion has opened several views I have not conceived before
and stimulated discussion in other areas- this is a thought
provoking yet inexhaustable debate… Anyone can justify anything
alone until compared to standards by a governing body (their job is
to FIND fault). No one is perfect- thus the “guidelines” versus
strict rules- yet the road is broad enough that the diversity in
interpretation is what it boils down to.

Dont invite the FTC to the party- be true to ethical and
honest/candid definitions personally, and meet your clients needs
beyond their expectations.

Your mileage may vary, some assembly required, batteries not
included, call your mother, IMHO, My 2 cents, I love the discussions
here!

69 
The way I understand it is that you have your piece of stock
gauge, or an ingot that you've cast yourself. You do the crude work
in the shaping, you us fine grits to take the jewelry to a point
then use use Tripoli to go even further. You finish using rouge. 

Is this incorrect?

I can detect several misconceptions in your questions.

There is no crude work and fine work in goldsmithing. Every part is
finished by hand to 600 mesh and sometimes better. This is not finish
requirements, but a precision. Sometimes I use rubber wheels to
pre-finish small areas. The motive is not the shine but preservation
of sharp edges. There are areas that require burnishing and
thrumming, and etc. When I get to the stage that you refer as “crude
work finished”, the piece is polished by the fabrication process.
There is no need to use Tripoli. As a matter of fact, Tripoli would
be very destructive. The final polish is done on polishing lathe, but
this is very small part of the process. I think I recommended to
watch my DVDs. You can really benefit from it.

Leonid Surpin

70

All,

I haven’t posted in a long time but this question of casting not
being “handmade” is ridiculous.

OK, you make a wax piece, invest it, and cast by the lost wax
method. No question that the wax is handmade. But I would submit that
the wax is destroyed in the casting process and the casting is now
the “handmade” piece. All part of the process of making a metal
original. (assuming it was cast by the artist, or one under their
supervision, not a robotic device) So all the hand work of
de-sprewing, filing, sanding, setting the stone/s, polishing, patina,
additional polish are meaningless because the cast piece is a “copy”?
I don’t think so.

If molds are made, and a production run done, then those are copies.
But the prototype is still a “handmade” piece.

I often combine cast pieces with fabricated pieces to arrive at an
original, unique item. If someone wants an exact piece in a
different metal or another stone, then a mold is made and the result
is a copy, and sold as such.

Mark Thomas Ruby
SunSpirit Designs
Loveland, CO, USA

71

Not only do we have to worry about the impact of 1099 on sales and
purchases of precious metals, but now we have the added concern that
our products do not qualify as hand made—that is, if one follows
the letter of the law as it is not written.

Alma

72

Hi Leonid,

You must forgive me I’m still getting to grips with your terms.

When I say “crude work”, that is pre-finished pieces, before you
sand with 600 mesh (grit?). At that point the work would be in an
unfinished state.

So you do use machines, that’s what I wanted to know. If it’s good
enough for you to use machines, it’s okay for the rest of us. Thanks
Leonid :slight_smile:

Personally I’ll do the hand work to get me to a point where a
machine will be of benefit.

For me a machine is to serve me, and help me do things that I could
not do for the same cost. Sure I could put a fine mirror polish on a
piece of metal (I’ve done it with hardened file steel), but I can
achieve the same results in far less time with the aid of a machine.

This is a quote you’ll like :-

“It will not do to use a machine if you can’t do it by hand. If you
understand that, then you can use one all you like”.

Regards Charles A.

P.S. Of course this quote does not go into things that can be done by
machine that we can’t do :wink:

73 
pull wire through drawplates....run sheet through rolling mills...
sheet that has been patterned in a rolling mill against leaves

Wire and sheet are raw materials as exempted in the guidelines

forge metal where the finish and shape of the hammer and anvil
determine the shape and finish

I daresay there is significant hand labor and manual control in
slinging a hammer around. A hammer can only be used by ‘hand labor
and manually controlled methods’, and that phrase is the essence of
the guideline. That is the test, not did you form the metal without
tools not even your teeth?

Pardon me but I think its absurd to interpret the guidelines as
prohibiting hand tools, just about as absurd as interpreting that
pushing a button constitutes manual control. A milgrain is a hand
tool despite having been machine made. The guidelines in fact do not
address how your tools are made, only that your method be manually
controlled and use hand labor.

Its a mantra, hand labor and manual control, hand lab…

Feels like martini time, yeah.

74 
I submit that if you apply a strict interpretation to the legal
definition of handmade, the only handmade jewelry is made of raw
gold nuggets that are bent with the jeweler's fingers. They are
scratched with their fingernails.

I explained before that FTC language is what lawyers call “term of
art”. It is not the common use definition that matters, but the term
used in previous cases and defined by the court of controlling
precedent, and/or any other controlling legal authority.

Leonid Surpin

75

Mark,

I could not agree more with your view and the way you feel about a
cast piece when no reproduction was made.

That being said, it seems that the law in this country sees it
differently, fair or unfair…

The best pieces of jewelry I have seen were often a mix of casting
and hand fabrication and I have seen quite a lot in hand with
prestigeous names (from Faberge to Cartier, JAR, Boivin, Wallace
Chan to name a few) or no names, here in the US as well as in Europe
and Asia.

In the end it is still about the quality of the piece, level of
craftmanship and how much one can sell it for, “hand made” or not.

Cyrille

76

Hi Folks

I’m getting a little late to this issue but I have not direct access
to THE INTERNET (I have to go down the town with the computer to get
the emails and I do so every 10 days more or less)…

I do cast, fabricate and do a lot of “hybrids” and variations of
"base Casting" But I think that this issue is like music… The same
difference between hearing an orchestra in a live concert and
hearing a reproduction of it even in the best amplifying systems.
Some of Us can argue that is the same, or even that the reproduction
is cleaner, mixed, mastered or what ever… get a better sit next
time you go a concert and then be honest… is not the same
experience. Have a good metal rising price…

Gustavo from Argentina

77 
When I say "crude work", that is pre-finished pieces, before you
sand with 600 mesh (grit?). At that point the work would be in an
unfinished state.

Sometime I am accused of been too obsessive and too pedantic about
terminology. Maybe it is one of those cases, but I feel that you
missing a very important distinction of having finish as an organic
consequence of the process, ( just letting it happen ) or making it
into the ultimate goal. In former, the finish will be a
representation of the fabrication process and it will feel just
right, while in later it will be conceptually separated from
everything.

It is very difficult to understand from the outside, and even more
difficult to explain, but if one practices true “handmade
principles”, regardless of whether one uses machines or not, it will
become clear in time.

Think about in terms of watchmaking. There are rare breed of
watchmakers who do custom watches from scratch. They fabricate every
wheel, every screw, every part of the watch inside their shops. To
accomplish this they use machines exclusively, because precision
required is beyond what unaided hand is capable of. Nevertheless,
their watches are “handmade” under the strictest of interpretations
of any law related to the subject.

So if we consider two processes - one is casting where each and
every step can be classified as handmade, but the whole process is
not; and making watch from scratch, where every steps is machine
made, but the completed watch is rightfully called handmade.

If one ponders on this example, the true meaning of “handmade” shall
be understood.

Leonid Surpin

78 
I daresay there is significant hand labor and manual control in
slinging a hammer around. A hammer can only be used by 'hand labor
and manually controlled methods', and that phrase is the essence
of the guideline.

True… unless you use a power hammer :smiley: (I have learned to run very
quickly in my old age) CI

79

Hi Leonid,

Think about in terms of watchmaking. There are rare breed of
watchmakers who do custom watches from scratch. They fabricate
every wheel, every screw, every part of the watch inside their
shops. To accomplish this they use machines exclusively, because
precision required is beyond what unaided hand is capable of.
Nevertheless, their watches are "handmade" under the strictest of
interpretations of any law related to the subject.

My view is that if a piece is unfinished is… well… it’s
unfinished.

I’m a blacksmith so I have a pretty good idea of what true hand made
is :wink: I have made tribal knives (just because I wanted to), but
there’s no logical reason to not use machines, if the same result can
be achieved. For a knife there is no physical difference between a
hand finished knife and a machine finished one. The main difference
is time.

Your law is there in the states, and if people want to stamp or sell
their items as “hand made”, they have to abide by that, OR they can
petition for changes. Is there a process in place for change?

Pondering your example, in effect if I cast all the components of a
piece of jewellery and put them together by hand that would be
considered hand made… far out what a nightmare.

I’m just going to sell my jewellery, as jewellery that is made by
me.

Regards Charles A.
P.S. Interesting that you finally admit that there are some things that
can’t be done by hand :wink:

80 
I think that this issue is like music... The same difference
between hearing an orchestra in a live concert and hearing a
reproduction of it even in the best amplifying systems. Some of Us
can argue that is the same, or even that the reproduction is
cleaner, mixed, mastered or what ever

This is very good analogy, probably the best so far. I wish I could
come up with that.

Leonid Surpin