TFG Exclusive: Q&A with Etsy's Counsel Sarah Feingold

The legal side of any creative industry often goes unnoticed. Behind many of the top art exhibits, jewelry lines, book releases, movie productions, hit songs, clothing lines, or even start-ups are attorneys who help tie all the legal strings together and make it happen. While the increasing popularity of Fashion Law has brought more attention to these "artistic" lawyers, there are also music lawyers, museum lawyers, and entertainment lawyers that have bridged the gap between their legal knowledge and the creative world. Among all these specialized lawyers seems to be a running theme- they all have a creative streak of their own (be it a passion for art, movies, etc.) that needed an outlet.  

Oh, to be an aspiring lawyer with a creative streak. If you are one, then you probably used to love to write, or play the piano, or take photographs, or make jewelry, but those were all "hobbies" and you continued to work your way into law school because there was something about the law that called to you and because you wanted a "secure" profession. And then half-way into your semester of Torts you realize, "what the hell did I sign up for?"

At least that was my personal experience. Fashion was always my creative outlet. And while I worked in fashion prior to law school, I continued to pursue my legal education only to eventually feel suffocated by the idea of not having a career that tapped into my creativity. But a light-bulb went off and I found a way to tie my legal expertise into my creative and entrepreneurial streak. Along the way, I had the honor of attending Fordham's Fashion Law Institute and meeting a group of brilliant, like-minded law students and attorneys- one of whom was Sarah Feingold, Counsel for Etsy.com.

Sarah Feingold, Counsel at Etsy.com

During our time at the Fashion Law Institute, Sarah and I bonded over our similar experiences. Except Sarah didn't have an "Institute" to guide her along in pursuing her goals. She tapped into her artistic streak as a lawyer before the industry began to really acknowledge this sub-specialty. Her exceptional career is of her own making. As in-house counsel for a leading e-commerce site, Sarah has had her fair share of experiences in lawyering creative types. From the artist-client that wants to sell his or her handmade goods online, to the entreprenuer who likes to take risks and think outside the box, Sarah's experience has made her a true expert in the cross-section of law, artistry, and technology. She not only authored an ebook entitled Copyright for Artists, but she also has her own jewelry line, Feingold Jewelry, on Etsy. In short, she is a rockstar. Despite her busy schedule, Sarah took the time to answer a few questions for TFG's interview series. We are so excited to share her story with our readers and hope that it will inspire more lawyers out there to do what they love. Check out her interview below! 

Q: How did you come to work for Etsy?

A: Long story short, I studied metalsmithing in high school, in college and in law school. My goal was to be an attorney for artists and so in law school I focused my research on this area of law. While in law school I started writing the ebook Copyright for Artists. In 2006, while working at a Rochester NY law firm, I started selling my jewelry on Etsy.com and completely fell in love with the site. I loved the concept and the design. One day I reached out to Etsy's customer support team and one thing lead to another and I got into contact with Rob Kalin, Etsy's founder. After discussing some legal concepts and Etsy policies with Rob on the phone, I realized that Etsy did not have an in-house attorney. I immediately sent Rob my resume and booked a flight from Rochester, NY to New York City and notified Rob that I was coming to town for an interview. He hired me. 

Q: What led to your decision to publish your ebook Copyright for Artists? What was the writing process like?

A: I completed all intellectual property classes offered by my law school and I knew there was so much left to learn. I approached my intellectual property professor, Laura Lape, and asked if we could work together on an independent study. This independent study turned into my ebook, Copyright for Artists. As for the writing process, I interviewed artists, I looked online for common small business questions, and, of course, I read legal books. Through my research I found that artists like visuals, so I made sure to include lots of graphs and illustrations in my finished product.

Q: What are the most common legal struggles you think those in the creative field have when launching their own business or product line? How can lawyers help communicate better with creative clients?

  

A: Some common legal struggles probably include the legalities of starting a business and then protecting the intellectual property of the business as it grows. When a lawyer understands a client, the client's business, and the client's goals, the relationship will be a more positive one. Creative clients are used to taking certain risks and the lawyers for these creative clients need to understand that there may be an alternative way to accomplish a goal. For example, if a client is concerned with copying, the traditional legal way of handling the situation would likely be to send a Cease and Desist letter and threaten legal action. However, today, the internet is a powerful place and such a letter can go viral and affect the client's fan base. This may not be ideal. There may be another way to accomplish the goal of addressing the issue of copying. It's a lawyer's job to explore all options and suggest the best course to the client.

 

Q: Working at Etsy, a leading e-commerce site for handmade products that has also become an online community of independent business owners, what has it been like to see the company grow from its start-up stage to what it is right now? How significant is the role of an in-house counsel for a start-up's growth?

  

A: Lawyers are traditionally risk adverse. And so going from a law firm to a relatively young start-up was scary for me, but yet very exciting. And helping with Etsy's growth has also been exciting. As a start-up attorney, I knew I had to act as part business person and part lawyer. Businesses need to take appropriate risks in order to succeed. And the role of the in-house lawyer is to work with the business folks to come up with plans to encourage certain risks and to think creatively to ensure that legal goals are accomplished. For example, I saw that Etsy's community was using Etsy's registered trademarks in certain ways and I knew that some of these uses were fine and some were not. It is the duty of the in-house attorney to protect a brand, like its trademarks. So I drafted Etsy's Trademark Guidelines to publicly encourage certain uses of the brand. I think that start ups should consider hiring an in house attorney sooner rather than later. The attorney can assist with day to day business decisions, review contracts, address employment issues, examine legal bills, conduct legal research, and help to affect the direction of the start up.

 

Q: As a designated lawyer for artists, you have also delved into your own creativity by launching a jewelry line that you sell on Etsy. Has launching your own jewelry line helped you become a better attorney to your artist clients?

  

A: Absolutely. I think that an attorney must understand a client and the client's needs. And as an artist myself, I know firsthand how difficult it can be to create a product line, market the product, sell the product, and work with customers. And I continue to design, create and sell my jewelry today. I sold my jewelry on Etsy for around a year before I started working at Etsy. I think this helps me be a better business person and attorney for Etsy.

Q: What personal or professional advice would you give to lawyers either already practicing or interested in practicing fashion law or representing clients that are artists or in a creative field?

 

A: My story might sound like I had a plan and a vision from point A (art school) to point B (lawyer for Etsy). The truth is, if you want to do something a little unusual with your legal career, if you want to practice fashion law or represent artists, your path will be unique. For me, I heard "no" a lot. But of course, I don't write about how many times I've heard the word "no." No one talks about rejected resumes or advice that lead to dead ends. So my advice to lawyers interested in representing those in a creative field is to keep at it. Don't get frustrated. If you have a job and it's not ideal, then learn as much as you can at that job and think outside the box to find a way to move your career in the desired direction. For me, I found that writing and speaking helped to propel my career forward.

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To read more about Sarah, click here. To purchase a copy of her ebook, click here. To shop her beautiful jewelry line on Etsy, click here. To check out her blog posts for Etsy, click here. 

TFG Exclusive: Q&A with WHIT

Whitney Pozgay of WHIT is a member of the CFDA Incubator whose distinct style caught our eye because she was able to seamlessly balance feminine whims with tomboy sensibilities. Her line is fresh, modern, and makes good use of patterns and prints while still remaining polished. 

Pozgay graduated from The University of Texas in Austin with a degree in theatre, concentrating in costume design. After a final semester at the Sorbonne, she moved to New York in the fall of 2003 where she began her career at Kate Spade New York, while honing her skills at Parsons and the Fashion Institute of Technology. In 2007, Whitney became lead women's wear designer at Steven Alan. In 2009, she launched her own line WHIT with partners Zonda Sochorow, Zach Cooper and Parker Argote.

Pozgay was kind enough to take time out of her busy schedule to answer some questions for The Fashion Grid. Check out her great interview below, including images from her Spring 2013 collection. This is one line you definitely want to shop. 

Q: Your spring 2013 collection was absolutely beautiful and you mentioned that one of the main themes was "decompressing." Can you elaborate on that and your trip to St. Lucia? What specifically inspired your choice of prints and cuts for this collection? Which piece was your personal favorite?

A: I grew up spending a lot of time outdoors hiking, swimming and laying in the sun, but since we have lived in New York we spend a lot of time inside and are constantly latched to our computers and phones. Our honeymoon was the first time in a long while that we had completely unplugged. It reminded me of how important that is to do occasionally and to allow yourself to truly relax. It was a mental deep breath of fresh air that was much needed. We swam, hiked, baked in the sun and drank plenty of rum. When we came back home, I tried to hold onto that vibe as long as I could. I wanted the collection to capture that return to nature and a relaxed mood, but still in clean, sharp, city appropriate shapes. My favorite is the long canopy print skirt. 

 

 

Q: Where do you get most of your inspiration from for each collection? What are you drawn to in fashion and in your own personal style?

A: It is funny, the more I am inspired in my work, the less I think about what I personally am going to wear. I definitely have a uniform that luckily always exist in the collection. I love a stripped shirt and that pairs with almost everything. Stripes are my favorite neutral and I love mixing with prints. I also love a big statement necklace, so I like to keep the line clean of embellishments that might fight your own accessories I find inspiration everywhere. It usually starts with a mood for me. For spring I was hungry for bright colors and tropical prints. It made sense to use what we had seen on our honeymoon to fill that urge. I love vintage textiles and mid century design. There are always touches of those two in every collection.

 

Q: How has the CFDA Incubator program helped you both as a designer and as a business person? Are there specific lessons you have learned while going through the program that you think have really helped you either improve your design skills or your understanding on how to develop a brand and grow a business?

A: The CFDA has been amazingly supportive and the Incubator program has been a great experience. The mentorship has been helpful in providing outside perspective.  For example, we have always had strong print and novelty fabrics, but one of the mentors pointed out that we were missing bright solids to pair back to them. Our Spring collection is the strongest and the most well merchandised season we have made and that is definitely in part from what we have learned here.

 

Q: What is the best part about working under the CFDA Incubator umbrella?

A: The best part is the network of seasoned professionals willing to give young brands like us advice, but it is also nice to be part of such a great group of designers all working to get over the same hurdles. 

 

Q: What personal and business advice would you give to people who are launching their own clothing line or who are thinking of becoming a fashion designer? 

A: I think it is important to work for someone else for a while first to really learn the business. Mainly, you HAVE to be prepared to work your tail off.  When you are starting a company, you are filling a lot of roles all at once. It is a tough business with loads of competition. You have to be prepared to lose your free time, sleep, and maybe a little sanity, but if you love it, like I do, it is still worth it. I also think that it is really important to be careful not to listen to every opinion that comes your way. You have to hold strong to your aesthetic and vision. If you are a designer, you are your brand and should trust your instincts. 

 

To learn more about WHIT and view past collections and scope out local retailers, click here. To check out WHIT and the other CFDA Incubatees in the W Hotels partnership video, click here. 

TFG Exclusive: Q&A with Emanuela Duca

As part of our coverage of NYFW, we here at TFG are especially excited to feature the work of emerging designers and highlight the talent that the CFDA has selected to be a part of its Incubator program. As noted in a previous post, the CFDA's Incubator program was launched in 2009 in partnership with New York City Economic Development Corporation (NYCEDC) and Newmark Holdings to support the next generation of fashion designers in New York City. The program has helped catapult the careers of Prabal Gurung, Cushnie et Ochs, and Joseph Altuzarra, all graduates of the Incubator. It has also fostered the development of handbag, accessories, and jewelry designers, such as Gemma Redux.

Members of the current class are already gaining a good foothold in the industry and receiving well-deserved press during NYFW, most notably in the recent campaign with W Hotels. In this exclusive post, we are excited to continue bringing attention to such a talented group with our interview with one of the members of the Incubator's class of 2014, Emanuela Duca.  

 

Born in Rome, Italy, Emanuela Duca established her line in 2005 in New York after receiving her degree from the School of Art in Rome and the European Institute of Design. It was there that she discovered the marriage of movement and sculpture in jewelry design. As a recipient of the 2009 American Craft Council Award of Excellence, Duca's work first caught our eye when she was selected to be a part of the CFDA's Incubator Class of 2014. Her designs have a distinct haunting beauty that instantly captivated us. Each piece is like something out of a dream, a testament that Duca is not just a jewelry designer- she is a true artist. Below, check out our interview with this amazing talent and her latest designs. 

 

Q: How did you come up with the aesthetic for your jewelry line? Was it an immediate gravitation towards movement and sculpture, or did the look evolve over time?

A: My work has evolved very much over time, but I have always been interested in three-dimensionality and movement. The raw, primitive and sophisticated look came with time as I got to know myself.

 

Q: How do you feel your line captures both your Italian background and your current life in New York?

A: The rough surfaces express my Italian heritage reminiscent of the ruins of the ancient Rome, and the clean, minimal lines belong to my New York experience. It is not an easy balance to achieve, but is something that I am proud of.

 

Q: What has it been like for you working under the umbrella of the CFDA Incubator program? 

A: It is an amazing experience. Sometimes I still feel like I am dreaming! I have built my business by myself and created healthy relationships with art jewelry galleries through out the country. But then I realized that I needed help bringing my designs to a bigger market. The CFDA Incubator Program has welcomed me with great warmth. I am consistently offered opportunities to look at my business with the eyes of an entrepreneur and not just with the eyes of an artist.

 

Q: How has the CFDA Incubator program helped you in developing your brand and business? What are the greatest lessons you have learned both as a designer and as a business person in going through the program thus far? 

A: The CFDA Incubator Program has helped me in learning how to work with a group of advisors and to push the boundaries of the world that I knew. There have already been so many lessons. One thing that was very hard for me to understand was how to communicate a clear value perception of my work.

Q: What advice do you have to offer for designers who are thinking about or who have just started to launch their jewelry line?

A: The biggest rewards come with taking bigger risks. Go outside your comfort zone. Don't be afraid to re-invent yourself. 

For local retailers carrying Emanuela Duca's jewelry, click here. Check out Emanuela Duca and the other talented designers of the CFDA Incubator Class of 2014 in this video with W Hotels. More interviews to come!