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04-28-2016, 04:43 PM
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#1
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Sey hallo to my lille fren!
Join Date: Aug 2013
Posts: 115
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Commission Contracts
Hi
A few threads provide details on problems with artists delivering commissions on time, poor communication, etc.
I've started commissioning some works from artists on a "work for hire" basis and include in the email a contract attachment, explaining WFH and setting up terms like when they are to deliver the goods and how much they get paid, etc.
That's a bit more formal than is required in a regular commission, as I was doing it for inclusion in a comic and didn't want any ambiguity about who holds the copyright, etc.
Anyway, how clear are you guys in spelling out your requirements in terms of timing, money, refunds? A contract technically only requires three parts:
1. Offer (I want an 11x17 pencil and ink commission of the Wasp doin' it with the Atom, delivered within 2 months, and if not I get a full refund)
2. Consideration (I'll pay $200 for it)
3. Acceptance (artists says "OK")
Does anyone structure their emails like that to provide some kind of way of avoiding these problems?
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04-28-2016, 07:54 PM
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#2
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Sey hallo to my lille fren!
Join Date: May 2015
Location: Canada
Posts: 143
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I'm generally not structured but am starting to think maybe I should be. I'll usually ask specifically if they are available to start immediately, if not what sort of a timeline I can expect.
It's up in the air if they hold true to it or not..
I like to keep things informal and casual but am starting to think I need to lay things out more strictly. On the other hand don't want to scare them away and seem like a hardass client. It's kind of a balancing act sometimes.
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04-29-2016, 08:19 AM
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#3
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Mephisto
Join Date: May 2014
Posts: 405
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I always try to spell out my expectations and get a clear indication of when I should expect the art to be finished. And I very rarely will pay up front anymore. I will pay upon completion, or a percentage. If an artist insists upon full payment up front, I do one of two things, I walk, or I'll pay them through Pay Pal and cover the fees myself. That way they get exactly the amount they have asked for and I still have the option of getting my money back should they not meet the deadline we agreed upon.
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04-29-2016, 10:53 AM
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#4
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Hellfire Club
Join Date: Oct 2006
Location: chicago
Posts: 4,163
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I also pay with paypal but don't offer to cover the fees. I only do that if they insist. otherwise I view it as their cost of doing business.
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04-29-2016, 11:28 AM
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#5
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Angry Green Rage Monster Mod. SMASH!
Super Moderator
Join Date: Nov 2005
Location: Anger Management
Posts: 43,815
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A contract is a great idea. I have not been overly insistent on this in the past. I prefer to do a lot of homework in researching the artist and commission opportunity. In talking to the artist and other collectors (especially any that have worked with the artist) I can usually get a good sense of whether or not they are an artist I want to enter into an agreement with. At that point I either feel confident and will move forward, or have any uneasy feelings and usually will not move forward. Point being: don’t substitute a contract for due diligence. A contract is not really worth all that much if you rush into a commission with an artist that has a troublesome reputation or gives you a low level of confidence. This has served me pretty well so far (knock on wood).
__________________
CAF
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04-29-2016, 04:38 PM
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#6
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A day without sunshine is like... night.
Join Date: Jun 2014
Posts: 249
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Quote:
Originally Posted by carlito1978
I also pay with paypal but don't offer to cover the fees. I only do that if they insist. otherwise I view it as their cost of doing business.
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I will go this route, unless it's an artist I've had multiple commission experiences and can count on to deliver.
JG has the appropriate sentiment, too, on Ks. The general dollar value of a lot of commissions may not be worth the hassle of trying to get the K enforced in court (if not outright laughed out). The enforceable K because it was written on a napkin (or receipt in Lucy v Zehmer for we lawyers who remember our 1L material) is still a tough road to travel. Our own due diligence, namely from research here and the greater comic art community, will serve us much better.
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04-30-2016, 03:19 PM
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#7
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Sey hallo to my lille fren!
Join Date: Aug 2013
Posts: 115
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I agree 100% with due diligence. I guess my point is, a contract doesn't need to consist of 50 pages of legalese, it just has three parts and if you cover all of them, you have a legit contract.
What good that does you is another matter.
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05-09-2016, 05:18 PM
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#8
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Fantastic Four
Join Date: May 2012
Location: Las Vegas, NV
Posts: 91
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Quote:
Originally Posted by Roygbiv666
I want an 11x17 pencil and ink commission of the Wasp doin' it with the Atom...
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So YOU'RE that guy.
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05-10-2016, 11:55 AM
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#9
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Mephisto
Join Date: May 2014
Posts: 405
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Quote:
Originally Posted by carlito1978
I also pay with paypal but don't offer to cover the fees. I only do that if they insist. otherwise I view it as their cost of doing business.
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I agree. My comment about paying the fees mainly applies to an artist I would really like a piece from, but may have requested a friend/family payment to avoid fees.
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