[Jewelry making - Article 00957] - Re: [Orchid] Using bi-metal

[James Binnion]

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Richard,

    	I understand where you are coming from but the problem is it will
    only take one dissatisfied customer to ruin your business if they
    sue you over something like this. One of the reasons I am so
    interested in this is that virtually none of my work can be stamped
    legally in any country. I have spent quite a bit of time on this
    trying to figure out how to represent my work in a way that will
    tell what it is but not run afoul of the authorities. 

    	I know many artists stamp their work with the various metals in the
    piece but it is like driving 75 MPH in a 55 MPH zone. If you are the
    one given the ticket, saying that there were lots of other people
    doing 75 will normally not keep you from paying the fine. Even if
    you win the court case you will be out huge sums of money and time. 

    	As far as to what the law applies to I would suggest you read the
    guidelines on the FTC web site they are pretty clear. I think these
    guidelines were written to allow someone who is not a lawyer to read
    them and have a chance of understanding them. The way I read it is
    not what the purchaser believes but what you are representing your
    work to be that is the issue. I think it would be highly unlikely
    for the government to go after you on this but I don't think it is
    far fetched at all that a dissatisfied customer could try to sue you
    using this as the basis of the suit. 

    	Trying to make work for sale in other countries is a significant
    problem. There is no standardized quality marking system so if you
    are making work for resale in another country you must be familiar
    with the laws of that country and make the work accordingly. As an
    example in the UK the maker does not mark the work with a quality
    mark, it is marked by the government after a assay is done on the
    work. So if you ship work to the UK for resale with a quality mark
    you put on it you are on shaky ground. 

    	I am going to get down off my soap box now. Every so often this
    issue comes up and  I cant resist adding my two cents worth to the
    conversation. 

    Jim 

James Binnion Metal Arts
http://www.mokume-gane.com


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