studio not paying :(
Join the #1 Art Workshop - LevelUpJoin Premium Art Workshop

Results 1 to 8 of 8
  1. #1
    Join Date
    Apr 2007
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Follows
    0
    Following
    0

    studio not paying :(

    Hi guys,

    I apologise if a similar thread to this has been posted already, but I wasnt able to find the info I was looking for.

    A well-known studio (based in the USA) commissioned a friend of mine to do some artworks for them. Now my friend is based in Australia and has done quite a number of pages for them but has not yet been paid for them. She's emailed them several times but has not gotten a reply. Furthermore, it's been several months already since my friend has sent off the artworks to the studio. Can anyone suggest a possible steps we could take (as the amount owed is quite substantial)?

    Thank you kindly,
    K

    Reply With Quote Reply With Quote  

  2. #2
    Join Date
    Mar 2006
    Posts
    52
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Follows
    0
    Following
    0
    If she has a contract she should be able to get payment. If she does, have her send them an invoice stating "you owe me X dollars for X project to be paid by X date." All of that information should have been stated in her contract. If they don't respond, if you have a contract I think you can turn the case over to a collection acency, which will effect the company's credit rating.

    If she doesn't have a contract, her options are limited.

    Reply With Quote Reply With Quote  

  3. #3
    Join Date
    Feb 2006
    Posts
    191
    Thanks
    4
    Thanked 0 Times in 0 Posts
    Follows
    0
    Following
    0
    1. first of all, if she didn't have a contract at the beginning with them, she has no case as she has no proof, and she can't do a damn thing.

    2. also, i've heard that big companies sometimes take 3 months to pay up - i would specify a sooner date of payment in the contract with these bigger studios.

    3. why didn't she get a downpayment to start?

    Last edited by kendi; June 2nd, 2010 at 08:03 PM.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Just eat and hug.
    Reply With Quote Reply With Quote  

  4. #4
    Join Date
    Apr 2003
    Location
    Canada
    Posts
    416
    Thanks
    7
    Thanked 13 Times in 13 Posts
    Follows
    0
    Following
    0
    If / when the artwork is published she should easily have a case for theft. Basically... not paying for work equals stealing it and the fact that she has the originals and MUST have some email trails regarding the work should be enough to get these guys in some serious hot water.

    She needs to write a letter to the publisher / producer that hired her AND that persons boss(s) and threaten legal action. Obviously try and be as tactful as possible with the hope that the relationship can continue BUT, make it clear that no payment will, in the end, equal legal action on your part.

    Good luck!

    .

    Wacomitis - fear of an empty bank account.

    PORTFOLIO
    Reply With Quote Reply With Quote  

  5. #5
    Join Date
    Dec 2004
    Location
    Barcelona (Spain)
    Posts
    97
    Thanks
    7
    Thanked 1 Time in 1 Post
    Follows
    0
    Following
    0
    what is the name of the company, it would be great to be warned in case we see an offer. I used to work for a company that it was hard to receive the payment from, I had to tell them that I would sue them and they pay me when I say that, that happened in many occasions. It's important to be warned, it is probably the sae company as the one I'm talking about. Let me know. Take a look at this link, where people talk about the company I'm talking about:

    http://www.digitalwebbing.com/forums...d.php?t=108469

    I think that it would be a great thing to post a sticky or make an special thread dedicated to non-paying/non-serious publishers/studios/companies dedicated to the artistic field. That info would be truly helpful for everybody. What do you think?

    Reply With Quote Reply With Quote  

  6. #6
    Join Date
    Dec 2003
    Posts
    551
    Thanks
    18
    Thanked 167 Times in 105 Posts
    Follows
    0
    Following
    0
    bake_art,

    Anything I write here is my opinion, based upon a decent amount of experience.

    - Your friend is likely to have to come back to the USA to sue this person, in person. Meaning, she's likely going to have to sue the publisher in the publisher's state. That might be the only legal way to get her money back. Whenever I sign contracts, they always have a clause in there that if there are any disputes, I have to deal with an arbiter in the client's home state, subject to the client's home state's laws.

    - It is a problem if your friend didn't sign a contract, but the Supreme Court has codified the legality of email correspondence in matters of business. Collecting all the back-and-forth emails helps establish that this job actually existed. Even the lack of email responses from the publisher is a telling thing in court, especially if the publisher can't produce any rebuttals in his own emails.

    - I disagree that she should make the name of the company public, until or unless the matter is resolved, or unless she's officially started a lawsuit. That way you can refer to a court case number. This makes your friend seem like she's the one with integrity, that she's the 'better person'. Otherwise, she can easily come across as someone who is making unfounded accusations.

    - Similarly, a thread dedicated to listing companies that don't pay, or don't pay on time puts ConceptArt.org into a position where they can be sued, because they would be allowing those unfounded accusations (amounting to slander) on a public forum. You don't want ConceptArt.org to be shut down, do you?

    - This might have to be a terrible lesson for her to learn. First, to get an contract upfront which provides for a down payment before the job starts (unless you're dealing with Marvel/DC/Dark Horse/Image, or any other well-established company that already has a long-standing payment policy in place). Second, for her to not ever send in originals, but scans (unless you're dealing with the above mentioned companies and the like that can be trusted). That way you don't have to worry about not getting your original artwork back.

    I hope your friend gets paid, and I hope she gets her artwork back. If she doesn't, then she will just have to be wiser for her next experience. It's a messy jungle out there in Professional Land. It's best to think as far forward as possible when it comes to dealing with your business with your clients.

    Have your friend pick up a copy of THE GRAPHICS ARTISTS GUILD - PRICING & ETHICAL GUIDELINES book. This will help her greatly to learn professional standards & how proper business should be conducted.

    And sometimes, unfortunately, the best way to learn is to get burned by someone...

    Good luck to her!

    Reply With Quote Reply With Quote  

  7. #7
    Join Date
    Apr 2007
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Follows
    0
    Following
    0
    Thank you everyone for all the advice

    Considering that this is in Australia, and that we didn't have a contract in place (although we have supporting emails to back us up), we might have to let this one go. Hopefully the studio ends up paying but either way it adds to me and my friend's learning experience anyway.

    Once again, thanks a lot everybody!

    Reply With Quote Reply With Quote  

  8. #8
    Join Date
    Feb 2006
    Posts
    191
    Thanks
    4
    Thanked 0 Times in 0 Posts
    Follows
    0
    Following
    0
    thanks for posting. i learned something from your post as well.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Just eat and hug.
    Reply With Quote Reply With Quote  

Members who have read this thread: 0

There are no members to list at the moment.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •