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pricing, mugs, etc(long)

updated fri 31 mar 00

 

Kathi LeSueur on sat 25 mar 00

I've been watching, reading the comments about "unfair" pricing of items by
competitors. This is an old argument. One I've heard since I started potting
in the 70's. It's always the same. "I can't sell my pots and make a living
because the guy over there (who isn't making a living at it) sells everything
too cheaply." As usual, I have an opinion.

First, in selling pots I've always been as concerned for the sale I make next
year or the year after as well as the sale I make at today's show. Therefore,
I always have items in my booth that are very inexpensive. Sometimes this
causes comments and complaints from other potters. An example is the business
card holder. It's $5. It's been that price for 15 years. It will stay that
price. I consider the card holder to be like a business card, except I get
paid for it. Often I sell it to someone (usually male) who has wandered out
of his office on a lunch hour with absolutely no intention of buying
anything. But, he sees the card holder, is taken with it, and buys it. It
sits on his desk all year and the next year he's back to get a mug (also a
rather cheap item). I know at that point that I've got him hooked. And sure
enough, the next year he's buying a $175 lamp. It wouldn't have worked if I
hadn't put the same care into that $5 item as the lamp. I've learned to be
very efficient at making cardholders, make a profit on them, and probably
sell 10 times as many at a show than the $10 of others (folks those card
holders pay many booth fees).

Second, just because someone's price is lower than your's doesn't necessarily
mean they will sell more. In my experience people buy what they like rather
than what is cheapest. If your prices are substantially higher they will want
to know why. Years ago I made goblets. I was proud of them and priced them
accordingly--$10 (pricey at the time). A woman questioned my price because
another potter was only charging $6. I replied that $6 was a really good
price and if she liked them she should buy them. "But I like yours." I
explained that the reason she liked mine was that a lot of care went into the
design and glazing and that they were well worth the additional cost. She
bought them.

Third, lower prices aren't necessarily a sign that the potter is an amatuer
who doesn't have to make a living at selling pots because he has a spouse
with a good job. In my experience the opposite is true. The professional
potter has learned to be very efficient, has invested in the equipment to
make their job easier, throws very fast, and prices to move the work. The
amatuer spends all day making a simple bowl. With such an investment in time
(and because every piece is treated as if it is ones offspring) they think
it's worth $100.

The real threat to our sales is not our fellow potters. It comes from
Mervyns, Target, and the mass merchandisers who are increasingly offering
choices to the consumer that are well designed, sophisticated, and less
expensive. And, with the latest supreme court ruling that copying the designs
others is perfectly legal, we can all expect our good ideas to be mass
produced and sold at Walmart.

Kathi LeSueur
Ann Arbor, MI

Don Jones on sun 26 mar 00

Kathi,
Can you expand on this ruling regarding copying? It's new to me.
Don Jones
http://www.highfiber.com/~claysky

----------
>From: Kathi LeSueur
>To: CLAYART@LSV.UKY.EDU
>Subject: pricing, mugs, etc(long)
>Date: Sat, Mar 25, 2000, 9:30 PM
>


>The real threat to our sales is not our fellow potters. It comes from
>Mervyns, Target, and the mass merchandisers who are increasingly offering
>choices to the consumer that are well designed, sophisticated, and less
>expensive. And, with the latest supreme court ruling that copying the designs
>others is perfectly legal, we can all expect our good ideas to be mass
>produced and sold at Walmart.
>
>Kathi LeSueur
>Ann Arbor, MI
>

Kathi LeSueur on mon 27 mar 00


In a message dated 3/26/00 6:23:08 PM, claysky@highfiber.com writes:

<< Kathi,
Can you expand on this ruling regarding copying? It's new to me.
Don Jones
http://www.highfiber.com/~claysky
>>

The supreme court just handed down a ruling on copyright infringement. Samara
Brothers had designed a distinctive looking line of clothing that Penney's
and other upscale retainers sold. Wal-Mart took photos and had another
garment maker copy the clothing line and sold it in their stores. Obviously
at a significantly reduced price. Samara sued and won in lower courts. But
the supreme court reversed the decision.

"Consumers should not be deprived of the benefits of competition,.....Shoes,
jewelry, golf clubs or other merchandise that simply copy the distinctive
look of a famous brand do not violate the nation's trademark protection laws."

The trademark laws come into play only when a design is "likely to cause
confusion....as to the origin".

In other words, you can make a copy of a Rolex watch as long as you don't put
Rolex on the face of it. Design evidently, by supreme court standards,
cannot be copyrighted.

So the next time you have a great idea. One that you've developed for a year.
One that people flock to your booth for. Be aware that the likelihood that it
will end up in Wal-mart in several months is a real possibility. A line at
your booth for a certain item is a sure sign that you've created a design
worth ripping off.

Kathi LeSueur
Ann Arbor, MI

Diane G. Echlin on tue 28 mar 00

> So the next time you have a great idea. One that you've developed for a year.
> One that people flock to your booth for. Be aware that the likelihood that it
> will end up in Wal-mart in several months is a real possibility. A line at
> your booth for a certain item is a sure sign that you've created a design
> worth ripping off.

A potter in my hometown, Anita Griffith, is facing just this problem. She has
been making "sneeze boxes" that disguise your tissue box, and the tissue issues
from yes, you guessed it, the mouth. Well, a few years ago she sold a couple
pieces to some gentlemen at a show somewhere down south, and at the same show th
following year, her sneeze boxes were being sold by those very men who had made
molds and were slip-casting the boxes. Disgusting. I can't help but think that
something that specific must be covered buy copyright.

Dwiggins, Sandra (NCI) on wed 29 mar 00

Probably it would be if she copyrighted the pieces and made sure that it was
obvious on each piece. The problem is, that even if she did that, if the boxes
that the guys were making were significantly different looking, even if they had
the tissues coming out of the mouth, then she wouldn't have a case. Copyright
is just that, the exact copy or a considerable amount of copying of a book, a
song, a poem, etc. is what the law is protecting against. This is a major
legal issue---"intellectual property"---and it would be highly unlikely that
your friend would pay a lawyer to take these guys to court----or for that matter
it would be highly unlikely that any potter would take a copycat to court.
Might be interesting case for small claims though. The potter would have to
prove that he/she lost considerable income/name recognition/whatever from the
copycat-ing. And would need to be very exact in what he/she is asking for when
the case is presented.

Sandy

-----Original Message-----
From: Diane G. Echlin [SMTP:dechlin@connix.com]
Sent: Tuesday, March 28, 2000 1:12 PM
To: CLAYART@LSV.UKY.EDU
Subject: Re: pricing, mugs, etc(long)

----------------------------Original message----------------------------
> So the next time you have a great idea. One that you've developed for a year.
> One that people flock to your booth for. Be aware that the likelihood that it
> will end up in Wal-mart in several months is a real possibility. A line at
> your booth for a certain item is a sure sign that you've created a design
> worth ripping off.

A potter in my hometown, Anita Griffith, is facing just this problem. She has
been making "sneeze boxes" that disguise your tissue box, and the tissue issues
from yes, you guessed it, the mouth. Well, a few years ago she sold a couple
pieces to some gentlemen at a show somewhere down south, and at the same show th
following year, her sneeze boxes were being sold by those very men who had made
molds and were slip-casting the boxes. Disgusting. I can't help but think that
something that specific must be covered buy copyright.

Aiko Ichimura on wed 29 mar 00

Hi,

I've been always wondering about the prices(inexpensiveness) of American
pottery.
I am not a rich woman but when I find beautiful pottery, I want them so
badly like
some woman wanting diamonds. I would rather own closetful of wonderfull
pots and bowls
that give me such deep happiness day and night than a 5 carat diamond ring.

Lucky me I found an American potter near by whose works gives me such
joy and pleasure that I can stare at them all day if I don't have to work.

His works are shown at the Smithsonian and an art gallery near my house.
His works are reasonable compared to the prices of Japanese pottery.
His tea cups starts from $50.00 and large vase goes up to $5000.00.
He told me that he shows in Japan also and sells out each time with higher
prices but in DC he does not sell out and his gallery takes 50% commission.

My potter friend looked at his work and was astounded by the beauty and
quality
of this American potter's works. He told me that it fetches much higher
prices
in Japan.

I don't know for sure the reasons of our(Japanese) culture to appreciate
pottery
so much so that a pot can be a national treasure and a potter a National
Living treasure.


Aiko Ichimura
NW DC 20036 USA
aikop@erols.com

Kathi LeSueur on thu 30 mar 00


In a message dated 3/29/00 4:53:11 PM, sdwiggin@exchange.nih.gov writes:

<< This is a major
legal issue---"intellectual property"---and it would be highly unlikely that
your friend would pay a lawyer to take these guys to court----or for that
matter
it would be highly unlikely that any potter would take a copycat to court.
Might be interesting case for small claims though. >>

In which case the manufacturer would just demand that it be heard in district
court (which they have the right to do). They have lawyers on retainer and
such a suit is nothing to them. But the small craftsperson can't afford it.

Kathi LeSueur
Ann Arbor, Mi