Someone for some reason has it in their head that if a Customer of theirs buys their work, then they can't resell it without the Artists permission.
Um okay, get with the program and learn about the Laws regarding Art and Selling in General before starting something called a BUSINESS.
I cannot believe how many people who have started a Business but have NO idea of Business Law, be it retail or Art. It astounds me really. How do they do all the taxes and licensing, accounting and management without knowing if they are even doing it right legally?
One person in specific even stooped to saying what I do is not creating. Here is the snippet of the post.
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ellemoss says:
I sell wholesale and you are right that I want to know EXACTLY what is being done with my work. Are you going to glue some boobies on it and sell it as porn collage, I want to know. ARe you going to rip it in 1/2 and sell it as 2 prints...i want to know.
Bead are completely different than art. I am creating something.
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Well then let me wiggle my nose and make the torched beads magically appear. Working on a 2 thousand degree torch melting rods of glass into Art Beads is NOT creating? But this person as a Photographer, basically picks up a Camera and snaps a pic then sells the prints and I am NOT creating?
Then to add insult, the OP of the thread went on to say Lampwork Beads where nothing more than a supply category item!
It is this kind of attitude that really makes Artists look bad.
All I can say is that if you are going to place demands on Customers that they tell you exactly what they are going to be doing with your work, you are going to suffer in the sales department.....and the Law states it is none of your Business as long as their plans are LEGAL.
The Law in question is called The First Sale Doctrine and it basically says I can as the new owner who legally purchased an item, sell it, keep it, give it away, hang it above the shitter or torch it. Once that item is in my hands, I Own IT!
You hold nothing but the Copyright to the image..I cannot reproduce it and that is the ONLY thing I can't do.
For those that are thinking the buyer should just let the artist know they will be framing a picture and then offering it for resale in the brick and mortar, again they don't have to. If you are worried they won't give you credit as the artist, then you have no confidence in that buyer and that will show, when you demand they tell you. This in itself could end the potential relationship.........I know it would end it for me.
Giving people the benefit of the doubt that they will credit the artist is part of building a trusting relationship between buyer and seller. Without trust, there is no relationship.
If it bothers you that people do this, then don't sell your work. Keep it. Also before starting a Business, get some Businesss Education on Law and your rights and the rights of the buyer. It could end up saving you a ton of money and stop you from getting sued and loosing everything, including your reputation.
It is possible that the person who bought the item was waiting to see if the item was a hit or miss. If a hit they would be back for more and at that point may have worked out an agreement with the artist for wholesale pricing and told you at that point that they wanted to carry your items in their store....now you may have lost them.....
Loyal True Companion
5 years ago
