Dealing with contracts and clients? Need good advice
polycounter lvl 11
Hello, as a relatively intermediate freelance artist I feel like there are things that I'm learning as I go. I would like to ask for some advice from other more experienced freelance artists in how they deal with accepting work or not, terms for compensation, rights, etc.
For example, I got screwed over one time. There was a clause in the contract I agreed to saying how the art I created was no longer mine (as in they took credit for doing the art, and I was reduced to a mere "additional" artist who "helped created several tiles" even though I did all of it) and that I could not upload or share the art I made because it would conflict with the terms in the contract. So to this day I still haven't uploaded any of the art I created from that project (I spent 4 months of my time, working hard under online harassment too, with them saying things like the art was not good enough, using insults like how a programmer could fix parts of the art where I could not, even though it was a technical issue (game engine side) which I should not have been responsible for nor deserved to be harassed for). At the time, I would try my best to help fix those issues with the developer but later got harassed again for not creating enough artwork on time by the end because I had to spend it resolving said technical issues. I got blamed for wasting the developer's time, when my time was being wasted too. I also had to help fix the designs of some of the levels when it wasn't my main job either, but the lead "designer's". I endured a lot of pressure mostly due to poor management and lack of experience on the part of the employer, and became the scapegoat when things didn't work out as they expected (which were unrealistically high for the compensation and experience). The only thing they did well was get a lawyer to write a formal agreement and pay me on time when it was all over (and it was not a very good compensation anyway). They also dropped me out from a revenue share arrangement due to another part that said that I would only receive it if they were "satisfied" with my work. They needed me to upload everything, including all WIP files to the cloud, prepare campaign banners, used all the art assets I made in the crowdfunding campaign, and still told me that it was not good enough for them. They mailed me the notice of revoking the revenue share after all that. The campaign failed to no surprise so I missed nothing, and that was the end of it. Since then I have learned to be cautious about who I work with.
Is there something I can include on my portfolio, like a disclaimer stating that I would like to retain the right to upload and share samples of my art to upgrade my portfolio to help find new jobs, be able to leave the contract or project if under repeated harassment without penalty, and request being paid whenever any service is done (including spec work)? What advice can you give? Thanks.
For example, I got screwed over one time. There was a clause in the contract I agreed to saying how the art I created was no longer mine (as in they took credit for doing the art, and I was reduced to a mere "additional" artist who "helped created several tiles" even though I did all of it) and that I could not upload or share the art I made because it would conflict with the terms in the contract. So to this day I still haven't uploaded any of the art I created from that project (I spent 4 months of my time, working hard under online harassment too, with them saying things like the art was not good enough, using insults like how a programmer could fix parts of the art where I could not, even though it was a technical issue (game engine side) which I should not have been responsible for nor deserved to be harassed for). At the time, I would try my best to help fix those issues with the developer but later got harassed again for not creating enough artwork on time by the end because I had to spend it resolving said technical issues. I got blamed for wasting the developer's time, when my time was being wasted too. I also had to help fix the designs of some of the levels when it wasn't my main job either, but the lead "designer's". I endured a lot of pressure mostly due to poor management and lack of experience on the part of the employer, and became the scapegoat when things didn't work out as they expected (which were unrealistically high for the compensation and experience). The only thing they did well was get a lawyer to write a formal agreement and pay me on time when it was all over (and it was not a very good compensation anyway). They also dropped me out from a revenue share arrangement due to another part that said that I would only receive it if they were "satisfied" with my work. They needed me to upload everything, including all WIP files to the cloud, prepare campaign banners, used all the art assets I made in the crowdfunding campaign, and still told me that it was not good enough for them. They mailed me the notice of revoking the revenue share after all that. The campaign failed to no surprise so I missed nothing, and that was the end of it. Since then I have learned to be cautious about who I work with.
Is there something I can include on my portfolio, like a disclaimer stating that I would like to retain the right to upload and share samples of my art to upgrade my portfolio to help find new jobs, be able to leave the contract or project if under repeated harassment without penalty, and request being paid whenever any service is done (including spec work)? What advice can you give? Thanks.
Replies
As for portfolio rights, I make sure to add a clause to the contract, during the review phase, before signing.
Remember that the contract is an agreement between two parties, not just a 1-sided thing. You have as much a right to edit the contract as they do.
We have some info here about contracts, worth a look
http://wiki.polycount.com/wiki/Freelance#Legal_.26_Taxes
As a freelancer stuff for your folio means quite a lot, so you can charge for a non disclosure agreement explaining that your folio = hard currency to you. You could also say that clients without an NDA get a discount, say, 20% off for a year limit and 40% of for an eternal limit
I send a contract attached to the quote in an email. In the email there is a note that if the client sends an return mail confirming the order they also accept the terms of delivery laid out in the contract on the following pages. I have never had anyone complain about the contract. I doubt that anyone actually reads the contract past the first few lines to see if it is real. For a freelancer contracts make a good impression, but from personal experience they are messy and time consuming to defend so I think the real power a freelancer has is holding their work until their terms are met. This is particularly easy where digital products are concerned.
You can request payment up front from new clients.
You can charge by stages. This is a good idea especially for big commissions. I watermark each stage and if the client seems difficult then I request payment at each stage before going on to the next. For clients I don't know I ask for payment before delivery. I don't believe in giving away work and hoping for payment. The client may complain but if they like the watermarked stuff you usually are in a good position to see money on your bank statement.
It really depends on you, but I believe it is better to work on your folio than it is to make products for someone who has no intention of paying, so if someone doesn't like your terms then you can better spend time finding serious clients.
Hope this helps.
So far I have taken work where I agree and sign to a client's proposed contract, instead of offering one of my own yet. I usually read it over carefully and make sure that I do receive payment at regular intervals and have the ability to share my art.
I have been making some time for personal work as I want to steer my portfolio in a direction where I can focus on more specifically what I enjoy creating so that future clients will ask me to do the same kind of work. One thing for sure is that I will start asking for more and maintain a high level of self-respect.