identity theft of traditional artisans

[MariadelosAngeles]

There is likely no requirement for your customer to provide an "accounting" (whatever that means) to you.

Yes, I see. I live in a city, internationally famous for .925 silver jewelry production and commerce;

In ordinary commercial practice, the customer would provide a balancing of accounts to the supplier.

This may be an old-fashioned custom, in my experience, customer also wants to be sure there are no discrepencies or differences to account for.

 

[quincy]

Thank you for those links to the U.S. International Trade Administration: If feasible, we will be sure to register a number of complaints.

But that is not the question I have. We are professional artisans; we already know there is no practical way for us to protect our designs;

on the contrary, every commercial pbuyer believes its his right to copy our creations (usually they find out it is harder than they think)

We are well-accustomed to fact of how buyers are when it comes to robbing designs, certainly we cannot hope to stop this practice.

Our complaint is about the use of our identities as traditional craftspeople that is being hijacked by unscrupulous commercial actors.

They claim to be our benefactors,yet cynically publish images of our children as an incentive for their customers to make a purchase.

Okay. Your issue is how you and the other artisans are being presented? You feel that your names and images are being used in a false way to elicit sales, similar to the way charities might show starving children to raise donations?

Edit: Now I see your concern is less with any intellectual property issue but more with accounting methods used by those marketing your goods.

Yup. You really need to sit down with an attorney to personally discuss your issues and how best to resolve them.

 

[Zigner]

In ordinary commercial practice, the customer would provide a balancing of accounts to the supplier.

Why wouldn't the seller keep track of that?
I can tell you that it's not "ordinary commercial practice"...although it may be common for you.

 

[MariadelosAngeles]

You will need to have a personal review by an attorney (or other legal professional). There is really nothing else this forum can help you with.

Why wouldn't the seller keep track of that?
I can tell you that it's not "ordinary commercial practice"...although it may be common for you.

Yes, of course, as seller, we do keep track. For example: there is a balance due us for original-model work requested.

I admit we are from a backwards provincial city, still it one producing tens of millions of dollars of .925 silver jewelry a year

All this commerce is according to practices agreed upon between the Producer/Supplier and his or her Distributor/Customer.

I will say that it is at least unusual when the Customer refuses to dialog and is unwilling to present a basic account balancing.

 

[LdiJ]

I think this is a commercial practice when terminating many years of supplier relationship to agree on the balance accounting. Isn't it?

Are you saying that when the customer terminated the relationship that they did not pay you any outstanding money that they owed you?

Or, were you selling on commission?

 

[PayrollHRGuy]

1. What was the original agreement with regard to the use of your likenesses?
2. Do you have some reason to think you weren't paid for all of the items you sold?

 

[MariadelosAngeles]

Okay. Your issue is how you and the other artisans are being presented? You feel that your names and images are being used in a false way to elicit sales, similar to the way charities might show starving children to raise donations?

Edit: Now I see your concern is less with any intellectual property issue but more with accounting methods used by those marketing your goods.

Yup. You really need to sit down with an attorney to personally discuss your issues and how best to resolve them.

Yes, we do deplore the misuse of our images suggesting that we are beneficiaries; this is a fraud on the public.

There are no accounting methods that we have been told of. The customer evidences bad-faith in our dealings

while still utilizing our image as traditional artisans to imply that humble people are benefitted by one's purchase.

 

[MariadelosAngeles]

1. What was the original agreement with regard to the use of your likenesses?
2. Do you have some reason to think you weren't paid for all of the items you sold?

1. There was no agreement; they took the images themselves; we were agreeable so long as they were a good customer.
2. Yes. We have NOT been paid for requested original-model work. Also, the way we had been paid is rather murky.

 

[PayrollHRGuy]

1. There was no agreement; they took the images themselves; we were agreeable so long as they were a good customer.

Then there you go. They likely own the images.

2. Yes. We have NOT been paid for requested original-model work. Also, the way we had been paid is rather murky.

If they didn't pay for the original model work then why did you continue to do business with them for 7 or 8 years?

Also, were you running the artisans cooperative? Were you doing the day-to-day bookkeeping?

 

[Zigner]

1. There was no agreement; they took the images themselves; we were agreeable so long as they were a good customer.

Then you likely have nothing to take legal action against.

2. Yes. We have NOT been paid for requested original-model work. Also, the way we had been paid is rather murky.

If your customer did not pay for work done, then you will need to avail yourself of the procedures in MEXICO to get the money.

 

[MariadelosAngeles]

Are you saying that when the customer terminated the relationship that they did not pay you any outstanding money that they owed you?

Or, were you selling on commission?

We are the original creators and makers of our unique jewelry product.
As old-fashioned people we do not like to directly accuse anybody; therefore, we only asked the Customer for an accounting.
a balance accounting is basic for commerce. Credits are Shipments and Debits are Payments plus or minus incidental expenses.

Still this is not our only concern. The Customer continues to sell down inventory by claiming to be our benefactor
when no such intention to benefit us was ever evidenced in all the time we were their biggest supplier (2000-2017).

 

[MariadelosAngeles]

Then there you go. They likely own the images.



If they didn't pay for the original model work then why did you continue to do business with them for 7 or 8 years?

Also, were you running the artisans cooperative? Were you doing the day-to-day bookkeeping?

 

[quincy]

We have a forum member who lives in Mexico. Perhaps @eerelations has some resources for you to check out. Where in Mexico do you reside?

 

[LdiJ]

We are the original creators and makers of our unique jewelry product.
As old-fashioned people we do not like to directly accuse anybody; therefore, we only asked the Customer for an accounting.
a balance accounting is basic for commerce. Credits are Shipments and Debits are Payments plus or minus incidental expenses.

Still this is not our only concern. The Customer continues to sell down inventory by claiming to be our benefactor
when no such intention to benefit us was ever evidenced in all the time we were their biggest supplier (2000-2017).

It is not the norm in the United States for a customer to provide an accounting to the seller. It is customary for the seller to send a bill to the customer showing what is owed, and why, and then for the customer to dispute anything that they do not agree with (if they disagree at all). It would be rare in the United States to find a buyer who was willing to provide such an accounting.

 

[Zigner]

We are the original creators and makers of our unique jewelry product.
As old-fashioned people we do not like to directly accuse anybody; therefore, we only asked the Customer for an accounting.
a balance accounting is basic for commerce. Credits are Shipments and Debits are Payments plus or minus incidental expenses.

That is your job (the seller) to keep track of. The buyer (customer) has NO obligation to help you reconcile your records.

Still this is not our only concern. The Customer continues to sell down inventory by claiming to be our benefactor
when no such intention to benefit us was ever evidenced in all the time we were their biggest supplier (2000-2017).

When he bought it, it benefited you. If he's selling inventory that he bought, the he's correct in saying it benefits you, because it DID benefit you.

The more you explain, the more it seems that you have no claim against your former customer. Seek legal counsel for additional advice.