[Jewelry making - Article 00709] - Re: [Orchid] FTC Jewelry guide, misleading and deceptive practices

[Beth Wicker]

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    Lee - thanks for an interesting post.  In response:  leaving the
    legal definitions aside, if it is ok to use "raw materials such as
    sheet, wire or ingot", which you did not fashion, why is it NOT ok to
    use raw materials such as cut stones or beads, which you did not
    fashion?  Yes, there IS a difference between a bead YOU made, and one
    you bought - but I firmly believe consumers DO know this!  And if it
    matters to them (I don't think it does to most) they will purchase
    the piece that has components the artist made.  As a consumer myself,
    I prefer items that feature components that are made by the artist,
    although I understand and expect to pay more for that. As a creator
    and seller of jewelry, I realize that while a large part of my
    particular market also appreciates artist-created components, very
    few are both willing and able to pay for that.  Many ARE willing and
    able to pay for purchased components put together with "aesthetic
    decision" (I think I rather like that term <g>), rather than buying
    same old same old at Wal-Mart. 

    Coming at the field of jewelry from the "fine arts", I am accustomed
    to purchasing pre-stretched canvas that has already been sized, and
    then painting on it.  My finished painting is still a "handmade
    original".  No one cares that I did not weave or stretch or size the
    canvas - or make the paints!  It was my artististic "vision" that
    brought the piece into being. I purchase zinc plates and slabs of
    linoleum for printmaking, and pre-stretched screens for silk
    screening - and use pre-made paper and inks. The finished prints are
    still considered "handmade original" works.  Again, no one expects me
    to have actually made all the components myself.  They DO expect to
    see evidence of my artistic vision.  And yes, there ARE artists who
    DO make their own paint or ink, and who do make their own paper to
    print on (I make paper, but don't usually print on it - my handmade
    paper is generally a finished work of art in and of itself), and who
    do stretch and size their own canvas (although I don't know of any
    who weave their own canvas, but there could be!) - but they are VERY
    few and far between!  I, personally, consider the cut stones that I
    buy and the beads that I buy to be in the same category as the
    pre-stretched canvas that I buy and the paint I buy.  These are the
    "components" that I, as an artist, will put together to create a
    finished piece of whatever.  When I am done, none of the components
    are the "same" as they were when I began, and I have used my skills
    and vision to create something that did not exist before. 

    Does this have the same value as a piece by someone like you who has
    created most of the components themselves?  Probably not.  To me it
    certainly doesn't.  In fact, I have visited your web site before, and
    particularly love your work, as your aesthetic "speaks" to me
    personally.  To me, knowing that the person cut the stone and created
    the settings adds value to the piece.  Value, however, is in the eye
    of the purchaser.  And the difference may, or may not, matter to
    them. 

    I am careful in selling my work to be quite clear to the purchaser
    that I don't cut the stones myself; that I don't make most of the
    beads myself; and as to the settings, chains, etc. I am quite clear
    as to which are my creations, and which I have purchased.  That said,
    I DO consider my work to be "handmade" in the same way my paintings
    and prints are "handmade".  While I realize that is not in accordance
    with FTC guidelines, I don't think most consumers would understand
    why the FTC doesn't consider much of what I, or others like me, make
    to be "handmade".  And I don't think to most shows it would matter
    either.  I just went through some prospectuses (sp?) I have on hand,
    and most just specify something along the lines of "quality
    handcrafted".  Which means items created of purchased components put
    together with good "aesthetic decision" are fine with them.  The
    Smithsonian show is the only one I have on hand that specifically
    includes "manufactured components" in its list of prohibited items. 
    A new show that will be in North Augusta, SC, that is aiming to be a
    "high end" show also has a prohibition, although slightly different
    "excluded are commercially manufactured items, items made exclusively
    from commercial molds, and mass-produced items."  This seems a bit
    more nebulous to me.  I would interpret that one to mean that what I
    do, using purchased components but putting them together to create
    something that has never existed before, is ok.  Selling a piece that
    someone else made in totality is not ok.  Others might interpret it
    differently.  I would interpret the Smithsonian one to specifically
    exclude most of what I do, since it specifically addresses
    manufactured components. 

    From a purely economic standpoint, if the craft/art fairs in my area
    were as strict in their interpretation as you are suggesting, and as
    the Smithsonian is, there would BE no fairs (or very small ones)! 
    There is not a "critical mass" of folks who genuinely make ALL the
    parts of their work to fill the fairs.  Most people use at least some
    purchased components, whether it is wooden dowels, or doll eyes, or
    pillow fillings, or necklace clasps, or whatever. 

    I think we have a great need for the shows like the Smithsonian,
    which DO exclude all but completely "made by the artist" work, to
    really showcase the "top" of the various fields.  The educational
    value is enormous.  I also think we have a need for the rest of the
    shows, which provide folks with the opportunity to purchase items
    that do have "aesthetic decision", that have a unique personality
    that comes from the artist, and that give folks a chance to own what
    they consider to be "handmade" work, at a price that they can afford. 

    So I don't really think I agree with you that "it is not only the
    consumer but myself and all others who make and sell handmade work
    who suffer injury when the term is applied in a misleading or
    deceptive fashion."  Quite truthfully, I suspect that most consumers
    DO consider the work to be "handmade", and are not "suffering
    injury".  I think if you are "suffering injury" then it may be a
    marketing/placement/education issue.  As I said, I am quite clear on
    what I created completely, and what I created using purchased
    components.  I have seen plenty of booths that are not.  Perhaps you
    would be best served by creating a display with photos that show you
    doing the various parts of the process, and placing it prominently
    in your booth so that folks immediately know that unlike others, YOU
    cut your own stones, etc.?  Alternatively, you can choose to be very
    selective in what shows you enter, and only enter those that ARE
    excluding manufactured components.  Then, if there is someone there
    using prohibited components, you would have grounds to take it up
    with the show staff. 

    Before I started making jewelry, when I would purchase jewelry, if I
    did so from a jewelry store or gift shop, it was with the complete
    understanding that this was a "manufactured" piece.  I didn't buy it
    because it was or wasn't "manufactured", but because I liked it!  If
    I also wanted "handmade" I bought it at a fair from an artist, or
    from a craft gallery.  Then, my understanding was that it exhibited
    an "aesthetic decision" that appealed to me.  While I have some
    pieces that are completely handmade by the artist, as far as I can
    tell, I have many more that incorporate what are (and were when I
    purchased the piece) obviously manufactured components.  I enjoy
    those just as much as the completely handmade ones.  If you gave 10
    people the same 10 manufactured components, they would be unlikely to
    put them together in the same way.  So what I am enjoying is the way
    this particular artist "saw" the components and what they did with
    them.  Do/did I expect to pay a different price for component pieces?
     Absolutely!  Do I have as many totally handmade pieces as component
    pieces?  No way - can't and couldn't afford it! 

    Again - there IS a market for both types of work.  Yes, they are
    quite different.  And I agree with you completely that exhibitors and
    stores need to be quite clear about who made what.  If you get a
    consumer started buying pieces with "aesthetic decision" and educate
    them, you may "grow" them to the point that they will start to buy
    some pieces that are completely handmade. 

    I would love to eventually develop the skills to make all the
    individual parts of my work myself, but I know that is going to be a
    long time coming. In the meantime, I enjoy creating jewelry, and the
    people who buy my work enjoy wearing it, even knowing that I did not
    cut the stones or make most of the beads or all of the settings.  To
    them, this is ok. 

    You finished by asking "what is the right thing for us to do", and I
    think education is key.  The more we can explain to people the
    difference between a treated and an untreated stone; between a
    handmade bead and a machine made bead; between stones cut by the
    artist or an individual lapidarist (?) and mass cut by machine; the
    more we will "grow" the market for the very special pieces that are
    totally "handmade" by FTC rules.  I like to talk to my customers
    partly because I DO want to tell them these things, and explain why
    this stone is larger but costs less, and this one is smaller but
    costs more.  This is one "advantage" to the demos that have been
    discussed recently.  Most people have no clue how jewelry is made. 
    As they can actually see that creation in progress they will gain a
    greater appreciation for its value. 

    Again, thanks for the post Lee - very thought provoking, even if my
    opinion (which is just that, my opinion!) and yours don't completely
    jibe.  It will certainly make me read a show prospectus more
    carefully, and continue to be careful in how I present my work. 

Beth in SC where it finally feels like fall is here


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