[Jewelry making - Article 00902] - Re: [Orchid] Using bi-metal

[Jewelers Gallery]

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>        	Beth is right you cannot stamp your work with both 18k and
>     sterling stamps. You can only use one stamp on a piece of work (
>     you should read the definitions at the FTC website to understand
>     what is actually required) . When you stamp the work with a quality
>     stamp 18K for example, you are stating that if you were to melt the
>     piece down and take a sample it would assay out to 18K. Therefore
>     you can not stamp both 18k and sterling as the work cannot assay
>     out as either one. If your work has 18k overlay and you only used
>     the sterling stamp you would still be stamping it illegally as it
>     would not be sterling because there would be less than 92.5% silver
>     in the whole piece. It doesn't matter that there is actually a more
>     precious metal in the piece it only matters that the quantity of
>     silver in the assay is incorrect. 
>
>        	The laws are not written to encompass designer jewelry that
>     utilizes more than one precious metal alloy in a piece but you are
>     still expected to follow the regulations listed in the FTC
>     guidelines if you are stamping your work. If you want you can read
>     more about them at: http://www.ftc.gov/bcp/guides/jewel-gd.htm 


    	While the above may be true legally, there are matal artists that
    stamp their pieces with the metals that are used in the piece. I do
    not think there is ambiguity when a piece is mainly sterling and
    there is 18kt granulation as in the work of Harold O'Connor, he
    stamps with  each karat of metals used. The person buying this type
    of work is sophisticated enough to realize they are not buying
    something that is being represented as 18kt or 24kt by weight. 

    	 I would think that the law applies to what the  purchaser believes
    they are buying, if there was misrepresentation as to what they
    actually received in relationship to what they thought they were
    getting. 

    	I cannot believe that someone who buys a piece at a gallery that is
    marked sterling and 18kt is going to sue for misrepresentation.  The
    other part of the legal issue would be determining what the financial
    damage is to the person who would try to make a claim. I would think
    that if an artist can show a history of sales that would show that
    their work is not based on the relationship of the materials used,
    that would be a factor in a legal decision. The intention of why it
    was stamped the way it was, misrepresentation or information would
    seem to matter. 

    	There is also the issue of how metals are marked in other countries,
    if an artist in the U.S. shows work in a country that has difference
    parameters, and you want to meet their criteria, how do you satisfy
    both criteria if they are different. 					 

Richard in Denver 
				

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