Berry Silverman on wed 7 jul 99
One of my former wholesale accounts has just set up
his website to sell retail products. He used to buy
in fairly large quantities, but his last order, save
for one or two pieces, was 10 months ago. Today he
proudly told me about his website and suggested I
visit it, which I did. I was surprised to see he has
included my ceramics for sale on this website. It
seems he just scanned a color photo from my brochure
onto his site and is offering the pieces shown -- all
without attribution, no artist name, no Berryware
name, no permission in advance to use my copyrighted
material, no stock on his shelves. Other handmade
pottery on his site at least has the company name, if
not the artist, and I know he is currently carrying
their lines in his store. I am assuming if he gets an
order, he plans to just order one piece at a time,
although this is speculation since he hasn't asked me
about it. Also, although I have a reorder minimum (a
modest $100), I have accommodated him with single
pieces in the past when he has had a customer looking
for something particular -- but that was primarily
when he was purchasing and carrying inventory.
It is my belief he stopped carrying the line because I
sold to another retailer in town (a city of 800,000!)
- although again just speculation. But I know he
still gets requests for Berryware because people tell
me they look for it there.
I'm not sure how to deal with this. I suppose if he
sells something, then I make a sale. But I do resent
the lack of artist credit, the lack of permission, the
way it's been handled. Am I letting my emotions get
in the way of business? How would you deal with this?
Do I have recourse? Do I _want_ recourse, or should
I just wait and see what he does? I need feedback -
help!
===
Berry Silverman,
Berryware, Tucson, Arizona
berrysilverman@yahoo.com
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Katie Cordrey on thu 8 jul 99
Berry,
I've been a small businessperson (not always in the arts) for twenty-five
years. My first suggestion is to be businesslike, but direct. Avoid
accusations and emotionalism. Try to resolve the issues before you become
combative or retaliatory. Tell this person you are pleased that he wants to
offer your work and thank him for including it in his site. State that since
you ARE an artist with an interest in how your work is presented, you would
like to have your unique (copyrighted) work credited when any images are put
on-line. Remind him of the $100 minimum and caution him that if he were to
get a huge order there could be a delay in delivery. Ask why he is not
carrying your work in his store. ("You know, I'm very pleased that you want
to include my work on-line, but I'm curious why you no longer carry it in
the store.") Listen to his response. Maybe there's a workaround. Let him
know that you would like to be included in future planning having to do with
the marketing of your work. It serves both of your interests. If he balks,
send a written request asking him to remove images of your work from his
website. You can find someone who will be more considerate - perhaps his
competitor.
Good Luck!
Katie
-----Original Message-----
From: Ceramic Arts Discussion List [mailto:CLAYART@LSV.UKY.EDU]On Behalf
Of Berry Silverman
Sent: Wednesday, July 07, 1999 5:53 AM
To: CLAYART@LSV.UKY.EDU
Subject: Website credit
----------------------------Original message----------------------------
One of my former wholesale accounts has just set up
his website to sell retail products. He used to buy
in fairly large quantities, but his last order, save
for one or two pieces, was 10 months ago. Today he
proudly told me about his website and suggested I
visit it, which I did. I was surprised to see he has
included my ceramics for sale on this website. It
seems he just scanned a color photo from my brochure
onto his site and is offering the pieces shown -- all
without attribution, no artist name, no Berryware
name, no permission in advance to use my copyrighted
material, no stock on his shelves. Other handmade
pottery on his site at least has the company name, if
not the artist, and I know he is currently carrying
their lines in his store. I am assuming if he gets an
order, he plans to just order one piece at a time,
although this is speculation since he hasn't asked me
about it. Also, although I have a reorder minimum (a
modest $100), I have accommodated him with single
pieces in the past when he has had a customer looking
for something particular -- but that was primarily
when he was purchasing and carrying inventory.
It is my belief he stopped carrying the line because I
sold to another retailer in town (a city of 800,000!)
- although again just speculation. But I know he
still gets requests for Berryware because people tell
me they look for it there.
I'm not sure how to deal with this. I suppose if he
sells something, then I make a sale. But I do resent
the lack of artist credit, the lack of permission, the
way it's been handled. Am I letting my emotions get
in the way of business? How would you deal with this?
Do I have recourse? Do I _want_ recourse, or should
I just wait and see what he does? I need feedback -
help!
===
Berry Silverman,
Berryware, Tucson, Arizona
berrysilverman@yahoo.com
_________________________________________________________
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Get your free @yahoo.com address at http://mail.yahoo.com
Larry Phillips on thu 8 jul 99
Berry Silverman wrote:
>
> I'm not sure how to deal with this. I suppose if he
> sells something, then I make a sale. But I do resent
> the lack of artist credit, the lack of permission, the
> way it's been handled. Am I letting my emotions get
> in the way of business? How would you deal with this?
> Do I have recourse? Do I _want_ recourse, or should
> I just wait and see what he does? I need feedback -
> help!
I would insist on attribution by inclusion of your name, at the very
least. It's just plain bad manners for him to omit it.
--
Did you know that "prickly heat" has nothing to do with
the location of the rash?
http://cr347197-a.surrey1.bc.wave.home.com/larry/
Chris Campbell on fri 9 jul 99
Berry -
you wrote:
I'm not sure how to deal with this. I suppose if he
sells something, then I make a sale. But I do resent
the lack of artist credit, the lack of permission, the
way it's been handled. Am I letting my emotions get
in the way of business? How would you deal with this?
Do I have recourse? Do I _want_ recourse, or should
I just wait and see what he does? I need feedback -
help!
I know that this may sound simplistic, but why dont you just call him and
tell him that if he is going to advertise your ware, he needs to give you
credit. Especially since he is using your photos. After all, you want the
free exposure, but neither of you is getting full value from it. Obviously
you have customers who look for your ware by name and he will be missing them
if he doesn't identify you.
Make it a win-win situation and you may have created an opportunity rather
than a problem.
Chris - in Carolina
Cindy Cabrera on fri 9 jul 99
Hi Berry:
I think you should talk to them and encourage to
include your name. It may be a free advertisement for
you (although it doesn't said your name) you still
have some rights. Advertisement laws apply in all
media and that includes Internet. Fair use of a photo
without written authorization may be ok as long as is
not harmful/negative for you. Good luck!
===
Cindy Cabrera
San Juan, Puerto Rico
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