FRICK FRICK FRICK OMFG THE CATAGORY I WANT TO PUT THIS IN WONT LEM ME, CRAPPPP
Here's a few tips I gave to misskittyoooo when she made a journal about the very subject.
Make sure you have a contract, and get all parties to agree and sign before ANY work is done. This'll give you a valid reason for not giving money back if they vanish for 6 months then show up unexpectedly requesting their artwork they paid you for.
In the contract, politely demand that you have a percentage upfront. This is how commissions are done in the industry, so if your client says they are not comfortable with a contract, tell them to deal with it, everybody else who doesn't want their work used without payment/not paid for their work, does it.
If you're doing a commission over the internet, a great tool to have is a Paypal account. Paypal allows for the client to pay with a credit card, or their own Paypal account. eCheck's are also available, but they don't transfer instantly, so if somebody sends you one, wait till the check has cleared, and the money as been added to the balance in your account before submitting ANY artwork without watermarks on it.
Watermark your work, and save it at smaller sizes/lower resolution/quality for previews for the customer. Have the watermark text repeat in a standard font size across the whole page. It's much easier to remove a large single watermark than to remove tons of small text, and it'll be a pain in the ass for anybody who tried. It won't make your work 100% unrippable, but it sure will help.
Here's a contract I use for my own freelance clients, feel free to change/modify/rape whatever parts of it to suit your needs.
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GRAPHIC DESIGN WORK-FOR-HIRE AGREEMENT
This AGREEMENT (hereinafter referred to as the "Agreement") is made effective this DATE by and between GRAPHIC DESIGNER'S NAME(GRAPHIC DESIGNERS COMPANY NAME), (hereinafter referred to as the "Graphic Designer") and CLIENT'S NAME, (hereinafter referred to as the "Client").
WITNESSETH:
In consideration of the respective covenants contained herein, the parties hereto, intending to legally bound hereby, agree as follows:
1. Artwork. The Graphic Designer will be engaged in the creation of original graphic design for the Client in conjunction with the following project: PROJECT NAME (hereinafter referred to as the "Artwork").
2. Copyright Assignment. The undersigned parties hereby agree that all rights, copyrights, titles and interest in the Artwork created by the Graphic Designer on behalf of Client, belong solely and exclusively to the Client, free from any claims whatsoever by the Graphic Designer.
3. Compensation. The enticement and consideration for this Agreement is the promise by the Client to pay the Graphic Designer the amount of 25% upfront (AMOUNT), and the remaining 75% after the work is completed and emailed to the client. This is compensation for Graphic Designer's services (known as a "work-for-hire") and Graphic Designer understands that this will comprise Graphic Designer's payments. The amount of compensation will be $120 Canadian Currency and the Graphic Designer will be paid via
[link] to the account, YOUR PAYPAL EMAIL.
4. Schedule. The Graphic Designer shall send the Client a contract and the Client will sign and send the document back to the Graphic Designer. The Graphic Designer will receive 25% of the overall cost of the design upfront, and upon receiving, start working on the rough copies of the design. Graphic Designer will show the Client rough copies and will then decide on a direction for the Artwork.
5. Delivery. Graphic Designer shall deliver the Artwork to the Client via email, complete with all necessary support files for replication.
This Agreement is entered into in the City of YOUR CITY and Province of YOUR PROVINCE/STATE/OR BOX and is guided by and governed by the laws of that Province.
If contract is breached by Client, the Graphic Designer is permitted to retain the monetary compensation paid upfront.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
AGREED TO AND ACCEPTED:
BY:
THEIR NAME
THEIR COMPANY/PROJECT
_____________________________
(an authorized signatory)
Devious Comments
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when you seek a colorist your [link] on the right place
I just went with an industry process, so people can get their bearings. They can take it on a case by case basis as needed.
My boyfriend ~giuseppedeluca here in Italy drawed a comic with an editor with a contract in america. This editor worked under payment from writer.
After this, writer contact Image and published the comic book.
But... editor hadn't payed My boyfriend for his work!!
How can we do?
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Ketty Formaggio *colorista*illustratrice*
[link] MY BLOG /
~kinartclub
Do you know if your boyfriend got the work copywrited? If he had a contract, and has a copy of that, and if he can prove he did the work, and didn't get paid, he has a chance at sueing the editor for the money he didn't receive.
Let me know if this helps, or if you need more info
I'd talk to a lawyer if it's a large sum such as you stated
thanks!
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________________
"I'm sorry.
- I'm a doctor,
-- not a charity worker."
Available for Commissions: [link]
A few other points that should be covered.
Single-Use, or For Hire
Some artists like to hold onto the copyright, or be attributed as the artist in certain ways. This needs to be spelled out. Quite a few of us who commission art like to display it (publicly), mainly as a showcase for OC's we've created. To some artists, this may be an issue, or they may feel that their work is vulnerable for ripoff if someone else other than them posts it. Others may not want it posted on specific websites. All of this needs to be agreed to.
If the artist works on a "for-Hire" basis, where they give up all interest in the work once completed and approved, none of this applies; the Client can do whatever they like with it.
Client Redress
Occasionally... there are artists for whatever reason fail to honor their end of the deal. This means that the Client will have paid for the artwork (in whole or in part) and not receive it as agreed. When this happens, the Client needs to be able to take any and all material produced (concept sketches, bluelines, inkwork, whatever) and be able to commission someone else to complete the work. Or alternatively, the Contract can be used to settle any refund claims if needed.
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I'm a gamer and an art collector. I go by Soul Train, and a host of other sexy people.
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