Never really occurred to me....

After reading another artist's blog about how her artwork was used without her permission, I thought perhaps I would use this public forum to bring to light (or shine more light on) this all too common occurrence.

While it has been brought to my attention that my artwork has been used for online forums and such, that doesn't bother me quite as much as when someone actually commissions me for work and then refuses to pay me.

Here's the story:

Last year, I did the Landmark Holiday Bazaar as I have done for the past 6 years. I was approached by a man who was very enthusiastic about my work and my design abilities and asked me if I do my artwork full-time. I said that basically yes, it is a full-time job, but to make ends meet I have a part-time job at a retailer. He asked me if I ever considered contract work and I said that I do design work from time to time. He gave me his card and said he would contact me. After about 10 minutes, he rushed back into my booth and said, "This is a completely inappropriate question, but what do you make per hour at (the retailer)?" I hesitated but told him, and he left.

I was very excited as it sounded like a great opportunity to get some consistent design work and possibly leave my retail job. I followed up with an email saying it was a pleasure to meet him and that I hoped to hear from him soon. I got a phone call a few days later requesting a meeting. He told me that he worked best by email (as do I), so I thought it would be a great working relationship.

After meeting with him, I found out that he had another designer on board, someone who was an intern who was hoping for a full-time job with this company. His intentions were to bring me on as somewhat of an art director and have this intern do much of the "grunt work", so to speak. Copy editing, clipping paths, that sort of thing. I was a little confused by it, but decided that I would proceed. He threw an enormous amount of work at us with a deadline of approximately a week. Completely unprofessional, to say the least.

I followed up with an email regarding pay since I thought it wasn't the best idea to discuss pay in front of another designer, not knowing what his situation was. I outlined my design fees and that I would be invoicing from my time.

I never received an email. And we had another meeting. And they piled on more work. And I said I would be sending an invoice (which I did). And email, after email, after email. With no response. And no payment agreement. Which was really starting to worry me.

He kept saying that as soon as sales came in, that we would be paid. I finally had a one on one meeting with him. I stated that I don't work for free and that my payment is not contingent on his sales. The work is done, I get paid. Period. He said that he would get me what I make at said retailer. I said that my wages there are not my design fees. He shrugged me off. So I stopped working.

I received a phone call from him that said he would pay my invoices and that he was trying to set up a photo shoot of his product with this other person involved in a company that is linked to his. He told me that they really wanted to use me as a photographer and that the job was mine, etc. etc. etc. So I started work again. Then I followed up on the phone call with the person at the other company and learned that they had no idea what I was talking about and that while they might be looking for a photographer in the future, they would have to sit down and look at my portfolio.

So I stopped work. And I started threatening. And finally I said that if I didn't receive payment by a certain date that I would take him to small claims court.

And I didn't receive payment. He claims that I agreed to be paid at the retailer's wages (I never did). I can't afford to file the paperwork to take him to small claims court. So now it sits. And it's approximately $1100 worth of my time and work (that he did use, by the way) that I can't collect on because I'm too bogged down in bills to have the extra money to proceed with legal action.

Lesson learned: if you have a gut feeling about someone, believe it. And always, ALWAYS before any work is done, have a signed agreement. Up until this point I've never had any problems and have always been promptly paid for work done. But now I know better.