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thumperantiques Newcastle, Ontario
Posts: 5,645

Gail,
     In my case, I was paid a fee for each of my patterns and I got royalties for the nine pieces I designed for Deb.  I retained all rights to my patterns and she was only allowed to produce a pre-agreed number of pieces of each design.  Quite frankly, I felt I deserved to get paid for both the pattern AND royalties.  !was lucky in that Deb had designed for Little Gems (and still does, I think) before she started her own company, so she was better suited to know what an artist might want or deserve. 
     I really am grateful to her for taking a chance on me, when I was new and virtually unknown and Deb is a very lovely person.  I just found that making prototypes and all the detail work that included written instructions for my patterns etc took the enjoyment out of everything, for this poor addled ADD brain :crackup:   I had to re-write explanations, because Deb was taking the patterns to China to be reproduced and everything had to be explained simply, so she could teach the workers how to do things. By the time each piece came out, I was so sick of them, I couldn't have cared less if I ever saw one again :crackup:   
     I did get two each of my pieces, which is something I specified from the beginning as I wanted a complete set to give my son and daughter.  It seems funny now, cuz they couldn't care less about them.  Neither of them are into cuddly collectibles, even if I did design them. They are packed away in boxes somewhere in my closet.  Maybe my grandkids will want them someday. 
     Two years after my experience with Deb Canham, I was approached by the owner of another well know miniature company.  A representative of the company phoned me, and at that time our son was ill and in hospital.  I politely declined and in 10 minutes the owner of the company phoned back and was livid that I had said "no".  I tried to explain the situation, but she kept saying "didn't I know who she was and on and on and in the end I hung up on her!  I ended up being beside their company at one of shows, and the lady refused to speak to me - what a witch!  That put the nail in the coffin for me with designing!!!

                                       hugs,

                                       Brenda

rkr4cds Creative Design Studio (RKR4CDS)
suburban Chicago
Posts: 2,044

As soon as I hear of a 'situation', I head for TT for the latest scoop!

LOL, Brenda, She-Who-Will-Remain-Nameless & her Henchman approached me many times in Tampa and especially at ABC/Schaumburg. LOADS of pressure to PRODUCE!! i.e., the end of October S. show: 10 new designs in the next month. I design as whim takes me, not on schedule and it took forever to get that through to them.

I'm certainly glad to have read this thread before tomorrow's call from Alex Bain; I've been away for 3 days and missed the beginning of this or I never would've responded to his first e.
Thursday I looked up the 'trademark' (which is NOT Registered or even applied for) so that was enough for me to decline when he calls.

He was also good at name-dropping: "I was talking to Judi Paul yesterday and she recommended I contact you."
This was most odd, in that I don't create fabric work. If he was looking for fabric bear designers, I would be one of the last that Judi would recommend.

It will be a very short call in the morning.

thumperantiques Newcastle, Ontario
Posts: 5,645

Hi Bobbie,
     Yep, we are talking about the same lady - what a winner, eh LOL!  It was the ABC Tampa show when I was beside her - she tried to talk to my husband, but would ignore me, which I was thankful for, actually.
     It's good you got the scoop here - yeah Teddy Talk!

                                    hugs,

                                    Brenda

Gail Bear With Me Enterprises
Posts: 1,319
Website

Thanks Brenda for your response to my questions
Hugs
Gail :hug:  :hug:  :hug:

kellydean k e l l y d e a n & c o m p a n y
Narrowsburg, New York
Posts: 718
Website

hey there,

listen to Shelli and read the contract carefully.  I did design work for Dept. 56, Gallison/Mudpuppy Press and Walker Books in England.  the toughest company was Dept 56, where the first contract basically stated that I'd never be able to work for anyone else - or myself - using my own name again.  after 6 months of wrangling, I got them down to a contract that said I'd never be able to produce any animal under 15" out of white synthetic plush for anyone else. (I was doing the 'snowbabies' animals in plush for them).  since I never worked with white synthetic plush anyway, it was no big deal.  ( a month later I sold a polar bear pattern to TB&F and made it 16" and white mohair)

the point is, they will ask for the world of you.  since it's your world, be prepared and only give them a little piece.

the other companies were much easier to deal with, but another point in regards to fees.  make sure that you get a design fee and a royalty fee, but also make sure that the design fee is not considered an advance against royalties, which is another little trick they like to pull.

finally, in regards to getting rich. . . consider that the standard royalty fee is usually 5 -7% of wholesale.  on a $10 retail plush toy that's a few pennies.  they're gonna have to sell a boatload for you to get rich and they might not sell at all (the snowbabies plush died in the middle of the beanie baby craze) so I'd ask for as much as possible upfront and get a hefty design fee.

yr buddy,

kelly

Judi Luxembears
Luxemburg, Wisconsin
Posts: 7,379

Great advice Shelli and Kelly.

Boy, this thread has been a real eye opener for me.  Designing for someone else is not something I ever want to do so I have never really given much thought to all the details but now I am more convinced then ever that I will work only for myself.....except for a few bears I make for The Toy Shoppe ..which is totally different than designing for a manufacturer.

rkr4cds Creative Design Studio (RKR4CDS)
suburban Chicago
Posts: 2,044

After posting last night, I emailed Alex that I had been in conversation (TT!) with other top-line bear artists and have decided to not take his call, as I do not do the type of work he's interested in and it would save his time and phone fees to not engage me in a lengthy call. Gosh knows, I'm so far behind that I can't waste a morning on this.

I did say that I'd done some investigating on Google and in the USPTO site (not Registered nor even applied for ™.)
Alex wrote back last night after I'd left the computer:

I'm sorry to hear that you are not interested. I apologize if I inadvertently offended you as an artist. I have great respect for your work.

I'm a student at Harvard Business School, and I think I have a fun idea for a sports-related teddy bear. You're right that the company isn't registered yet (we are incorporated, but I haven't yet secured the trademark). I'm in the process of graduating, and have a long list of to-do's to get this off the ground after school.

I'm trying to get a prototype made, and I thought I would discuss the project with people who are skilled at making bears. I contacted you after Judi recommended you in a friendly conversation. I thought that, even if you weren't interested in making the bear, I might learn more about the industry from talking to you.

I can appreciate that you are busy and not interested in having a conversation, but I just wanted you to know that I'm sorry if I came across as insulting in anyway.

Best regards,
    Alex

Alex Bain
FanZanimal, Inc. | President & Co-Founder
90 Putnam Ave, Suite 4 | Cambridge, MA 02139 | USA
Work: 617-379-2568 | Cell: 415-265-0188
ABain@FanZanimal.com

He was certainly polite and apologizing needlessly as his prior contacts were not invasive or inappropriate.
This sounds like a student marketing project, and he's going about it in an appropriate manner by going to the top for info. Unfortunately, I (and I'll bet not many of you) haven't the time to instruct him in the complexities of designing for manufacturing.
And I hope they are also consulting others about getting into licensing and all of the legal ramifications.

I have a fun idea for a sports-related teddy bear

It's a tough competitive world to get into, considering input like Shelli & Kelly's: though becoming marketers they are positioning themselves "on the other side of the table."

kellydean k e l l y d e a n & c o m p a n y
Narrowsburg, New York
Posts: 718
Website

Shelli's point about getting absolute approval of the final product is another good one.  I have always gotten the factory prototypes to approve. . .

but I'll tell you that nothing beats the shock of opening the first box of finished, approved samples and finally seeing your exquisite mohair-and-leather creation squished in a plastic bag, rendered in vinyl and synthetic plush  - and with a honking big manufacturers label & 2 or 3 safety warning tags sticking out it's wazzo. .

I almost begged them to send ALL manufactured creatures to me first, so I could fluff and feather them and maybe straighten their noses. .

DebbieD Posts: 3,540

Thank you for sharing his email Bobbie.   bear_original   Maybe he should take a teddy bear making class?  If he has a 'fun idea for a sports bear', getting his hands on the materials, and learning how to will open his eyes and have him better understand the process of design. 

One thing that is interesting, though, aren't the plush animals created differently?  I thought for instance there were huge machines that stamp cut the materials?  And I think I'd read somewhere that the plush are designed differently to speed up the stuffing process... ie the arms and legs are sewn so that the tops of the limbs are left open to fit over the tubes for the stuffing machines. 

There seems to be a lot more to learn than meets the eye with this.

rkr4cds Creative Design Studio (RKR4CDS)
suburban Chicago
Posts: 2,044

Judi wrote to me: here's my reply, as further input:
PLZZZ, don't give it another thought! I was not at all put off by your being 'involved'. I figured out what they were doing and also tried to explain the nature of NFing. It's hard for some bear & doll ppl to understand, much less 'outsiders'.

Agreed: Doll ppl would probably be a much better way for them to go.

Our daughter's nephew is at ASU (they all live in AZ) and though he hasn't had much to say to me in his 20 years, as a marketing major he did ask me some direct questions on a visit out there last year, in how I approach marketing my work in a niche market.

This effort by the Bains sounded much like that: speak to ppl in the community of interest and collate facts from all sources for a thesis-type of work. I'm not sure if they have an actual product in mind, or if it's all just a 'homework/curriculum requirement" to turn in a master plan for developing a business from the ground up. I'll post this to TT too.

Daphne Back Road Bears
Laconia, NH USA
Posts: 6,568

I almost begged them to send ALL manufactured creatures to me first, so I could fluff and feather them and maybe straighten their noses. .

I had this same urge with Tonner..... as I received about 100 to autograph which took forever because I did fluff and straighten and reposition.... I kept thinking about the thousands of others that I couldn't do that to! I'd be horrified to open a box and find a squashed Mimzy with fur in her eyes and limbs all askew! Thank GOD my name wasn't on them!

Debbis ie right, plush are usually created differently and similar to how she described. They need to tour the Vermont Teddy Bear Co.'s factory and see it for themselves. They can even talk to designers while they are there.

As I mentioned earlier, I'd checked out their website registration info... the address was registered back in 2005 and nothing has ever been done with it. So, not so sure this is a college assignment, he may be completely serious about it... but I doubt it's anything that will happen over night. He has a lot more homework to do! Yes, he needs to learn about the art/design/manufacturing side of it! He really needs a "maker" not an artist.... someone needs to explain that difference to him too! He needs a whole design team which it sounds like he's trying to put together now but they need to all be local, be able to meet regularly, sit and brainstorm together.... I don't think it would work too well to it long distance.... too much opportunity for a communication break down and certainly a slow down in the process if things have to be mailed, emailed, reveiwed, sent back.....

I'd have loved it if I could have, even just once, sat with the design team at New Line Cinema to discuss the Mimzy project... I think things would have been clearer for all of us, we would have understood eachother better and the final design could have been arrived at sooner.

Gail Bear With Me Enterprises
Posts: 1,319
Website

but I'll tell you that nothing beats the shock of opening the first box of finished, approved samples and finally seeing your exquisite mohair-and-leather creation squished in a plastic bag, rendered in vinyl and synthetic plush  - and with a honking big manufacturers label & 2 or 3 safety warning tags sticking out it's wazzo

Kelly this comment really made my day as it gave me a good laugh as I could just see the expression on your face when you opened the box!!!
Welcome to TT- so glad you have joined us
Hugs
Gail

Shelli SHELLI MAKES
Chico, California
Posts: 9,939
Website

Shelli Retired Help Advisor, Banner Sponsor

Gail wrote:

Kelly this comment really made my day as it gave me a good laugh as I could just see the expression on your face when you opened the box!!!
Welcome to TT- so glad you have joined us

Amen to THAT sentiment, Gail!  I think I kinda peed myself a little when I realized it was THE Kelly Dean referencing some dorky thing I wrote here in the kindest of terms.  Posting here at all, actually.  Welcome!!

kellydean k e l l y d e a n & c o m p a n y
Narrowsburg, New York
Posts: 718
Website

:crackup: lol :crackup: lol  :crackup: thanks, you are very sweet ladies (but I think 'the' kelly dean is some jazz musician in Texas. . .this one's just a poor bearsmith from NY)

btw,  my manufacturing contracts were not bad experiences, just not real money makers.  I thought they'd provide my retirement fund, but now when that annual $89 check comes in, I have a good laugh and buy some new shoes  :dance:

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