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The following was inspired by William Palacio and Elizabeth Struck who asked what my thoughts are on partnering with authors on indie books/ebooks and accepting illustration assignments.
1. Don't Be A Robot
For some strange reason humans often think they must set their humanity aside when they deal with someone in a business situation. Phone conversations are awkward and one or both parties is so uncomfortable -they can't wait to get off the phone. I must admit this happened to me early on but over time I've learned that my relationships with clients are not only essential for success - they've become an enjoyable social part of my life! I've even gone snowboarding with a client who flew out here from Chicago.
So when you first make contact don't go for the jugular buy blurting out business stuff right away. That tells the other party you don't care about them - the ONLY reason you're on the phone is to get the transaction over with. Treat them like you would if you were meeting someone for the first time at a party. Get to know them with small talk a little before you start discussing project details.
2. Talk About Your Fear
(This is mostly for working with indie authors) Any time you enter into any kind of partnership you have fears - and if you don't you're crazy. You were afraid of group members in school when you had to do a group project, afraid of your college roommates, afraid of band members and the members of your sports team, afraid of your fiancee, etc. We've all been let down, lied to, cheated, hurt, burned, and screwed by people we've partnered with in our lives. So when you get on that phone with a potential client or partner you're carrying all that baggage into the conversation - AND SO ARE THEY.
You're both afraid of each other - so why not talk about it. Get it out there - you're both thinking it. Your potential client/partner is thinking you'll quit half way through the project - that you won't come through with sketches on time - that they won't be what you agreed upon - that you just want to walk away with the money. You're afraid that the client/partner will ask you to do endless revisions, will decide to cancel the project mid way, won't forward royalties, and won't pay the agreed upon price.
I operate under the assumption that most people are basically good and want to do the right thing. Going into the relationship this way I talk to the person on the other end of the phone like this: "I know you're probably worried that I won't do what I say I will do - that's a very valid concern since we're just meeting each other over the phone. I pride myself in how I conduct business with other people and treat them as I would want to be treated. I do what I say I'm going to do. I'll keep my end of the bargain. I expect to be treated the same way so when we set the schedule it's very important for both of us to meet our deadlines because this will help us gain trust for each other. I know you're afraid I won't come through with the art but you need to know that I'm afraid that you won't come through with the money." If you get the conversation started this way both parties should be converted to the mindset of proving to the other party that they can be trusted by fulfilling their agreements.
3. Have A Contract
I often do not work with a contract when I form partnerships - always with clients. Perhaps I've been lucky but in over 2500 illustration assignments and projects I've never been screwed. Closest I came was long ago a magazine was going under and they split up my payment - but I still got paid. Check out the video above where I"ll tell you a hum dinger of a story and why a contract won't always protect you. If I were partnering with a total stranger I would get a contract however.
4. Trading Art For Money
It's the classic transaction - "First give me the money and I'll hand over the ______." "No, give me the _______ and you'll get your money." Is there a clean way to do it? NO! Life is risky. You can't win without risk - but you can minimize it. So...split up the payments into thirds or even more. Many of my book contracts with publishers are set up this way. I get a payment up front - that's the publisher's way of saying, "I know you need money to live on while you work on my project and you can trust me." I also get a payment after I complete the sketches and the final payment after I turn in finished art. This way if the client welches on the money you don't get burned on the entire project.
5. Profit Sharing
The arrangement I have with the programmers I'm working with on apps and people I've partnered with in the past is a pure revenue sharing model. We never exchanged money up front for services rendered but have agreed to split profits with certain percentage deals. This has been somewhat easier since I live close to my partners. Also I've partnered with friends or been introduced by friends so there is already a higher level of trust. None the less you always want to make sure everyone feels safe so what I've agreed to do for each one is provide monthly profit statements from the retailers we are doing business with. Since these retailers like Amazon provide digital spreadsheets it's pretty easy to forward them along. I've also promised to meet up with them and log in to our account whenever they want to so they can get a first hand look at things.
6. Get A Good Start
If I were going to illustrate a manuscript for an indie author I would not begin work until:
I had received a good faith payment - they contacted you - so they should put up or shut up.
The manuscript is totally finished and the author agrees not to make any text changes.
You really like the manuscript or the compensation you've agreed upon.
They agree that they are in charge of the words and I'm in charge of the art. non-negotiable.
You have a signed contract that explains exactly what both of you own.
Thanks Will for a great video and post.
I agree, there is't much you can do if someone is determined not to honour a contact.
I had a similar problem a few years ago and it was someone i knew quite well and trusted. Wrote up a contract, got a deposit and delivered the work but when it came to getting the final payment the client stopped answering emails or phone calls. In the end i just cut my losses and didn't peruse it.
Over the last few decades with internet transactions through trial and error there a few simple things to do in a contract that could save a world or trouble and enable you to collect from out of state.
FIRST-
1) But a dollar amount on breaches, say if this contract breached- "2000.00 per breach." Put dollar amounts for both parties if breached.
2) Use time limits. 30 days after signed delivery payment is due or considered a breach. AS it was over the internet, a interstate transaction (files sent etc) PUT and breaches to be filed and pursued through contractor/provider(YOURS) home state. And vice versa- so they feel they are getting equal rights. Have contracts notarized on both ends(free at banks or court house) and it is an acknowledgement of contracts terms.
SO you can walk into your local courthouse and file a civil suit and they HAVE TO COME to your state, and if they don’t show up you win by default. If THEY are ruled against, the judge makes them provide information as to work, assets, financial assets, etc. so you can put a lean on their property.
The main thing is usually if all this is in place it helps support doing things right- and if not you can at least do it in your local court. Yes they may dodge being served, and be on the run- but if you find out like a convention or place they will be for 30.00 have local sheriffs serve them with papers and then if they don’t show up- warrant out and then the court system gets them. We made gold and silver jewelry and after a few losses found out real quick how to semi-protect custom orders or rings returned with different stones etc. Hopefully it doesn’t get this far- but if you ad "filed and tried in state work originates in (yours and list court house) it can help a great deal later on with at least documenting things. You can file without a lawyer to, just submit contract and simple complaint from your services (art). Keep track to time spent on everything and such too. Hope this helps and Clinton made emails official documents too- so keep all those as proof.
Thank you so much. This has really helped. I've just gotten involved with an indie writer and started illustrating her book. The way I approached it was to have the cover and each illustration for the book as it's own job. I wanted to test if she'd pay or not... I did the cover and she paid and now I'm on the third illustration as so far it's been working out great. A lot of it is just building that trust you're talking about she was worried I wouldn't deliver and I was worried she wouldn't pay. So we were both scared of each other. You hit the nail on the head. Thanks so much excellent article and great advice!
Excellent article and video, Will. I had one situation, as a freelance designer, where I created a full page ad for a dentist and they never paid me. I billed them, I even went into their office, where I was told they never received the invoice (even though I sent the second notice certified mail) and that the office manager that had been on board with the original ad had since left. I knew they'd run the ad, it was in a local directory I happened to also design. They'd also used the art in other publications. I never took them to court because it would have way outdone the money's owed. I just ate it with the nagging thought that I was sure if that dentist had done work for me and I hadn't paid, he would have eventually gotten his money. I chalk it up to lessons learned in business.
Sorry to hear about it...I think you're smart though - sometimes putting a lot of energy into collecting something can have worse consequences than just brushing your hands off and walking away.
It sounds like you know the system well and how to squeeze blood out of a turnip. I wonder how much time and money all this costs? For me going through what you described above would be worse than washing my hands and going back to doing what I love - creating artwork. Don't get me wrong - I'm not saying it's wrong to go after a deadbeat - but the energy suck of such a situation is very costly to me - AND - you still don't have a guarantee that at the end of all that - you will get your money. Not worth it to me.
You're welcome! Sounds like you already figured out how to enter the pool in the shallow end first- gracefully. Right on.
I'm sooo with you on your decision to save your time, money, and energy. Sometime's knowing when to walk away is the smartest thing we can do.
Yep! It's always good to know when to back out. Kayaking in narrow creeks and tributaries taught me that...long story.
This is why I want a REP!
Being an introvert, dealing with clients sucks my soul. Haven't had any really bad experiences - most folks are decent - but sometimes I feel so inadequate about laying out a business agreement. For me, it is absolutely the worst part of being an artist. How does a painfully shy person get through this?
The video is right though, I just finished a book and it was so much easier as we set milestones and a price for each sketch and each finished illustration and then each cover plus spot art. No one wants stress or drama- so this blog is wonderful in helping with tips to avoid it. Sometimes you just have to walk away and cut your losses which isnt fun- but smart.
From experience, I would ALWAYS have a contract in place. We partnered with a close friend of ours who is a copywriter. She was purely brought in to write the text to the story and plot we created. We were also doing all the creative work, illustrations, design and app development. We didn;t have a contract in place because she was supposedly our friend, so we agreed to a profit share split. She was a complete nightmare and tried to slide us a dodgy contract which would have signed over a big chunk of our intellectual property. It got really messy, with solicitors etc and she started making false claims about her involvement. Nasty stuff. We ultimately had to pay her out a huge sum of money just to get rid of her. It was FAR MORE than she'd contributed to the project which she didn't even finish. We had to re-write half of the book because she did such a crap job of it.
ALWAYS GET A CONTRACT. ALWAYS!!!!
I just got to reading this. :)
HEY, I'm mentioned! I feel special! :)
Great info as usual, Will! Thank you!
I see that you are speaking on my B-day in 2013 for the SCBWI what city and state is that?
Maybe I can make a B-day trip for it:)
I am trying to wear both suits green in colour of course! I would feel pretty darn special if someone saught me out, or if I could strike up a deal to illustrate for someone...but I think the flattery would wear off awful quick if it didn't pay out. My husband is a contractor and comes across dead beat customers who try to stiff him every now and again...in the end for him a (little guy) it takes too much time to chase these clients down or to place leans... as of late he has thought of a great form of retribution though, a website proclaiming dead beat clients where other contractors can name names to beware of... could illustators construct such a site...just a thought:)
Hey Teresa - I have bad news for you...well, my opinion might be bad news :) ...I think that you can get a rep for that reason but it will probably come back to bite you. Relationships are the future of business and if you put your faith in a rep it might all work out. But...if you part ways with the rep you're immediately out of business because you have no direct relationships. I'm naturally an introvert too and I've had to force myself out - you probably don't believe me but things didn't go well for me in Grade school - H.S. I wasn't outgoing. I had to learn to talk to clients - and that they respond better when you become friends with them...and they want to hire you more often. When you're insulated by a rep it becomes much less personal and you become easy to forget. Just my 2 cents but I think reps are struggling more now than ever so finding one is going to be harder too. I think it's just easier to start making friends...
I don't think it's a right or wrong issue - you gave really good detailed info oh how to go after someone and in some situations you're knowledge can really pay off - especially if there's a significant amount of cash on the line. I would just try to weigh it out and try to figure out where your time is best spent...I hope I don't have to contact you in the future for advice - but it's good to know that there are people like you that have the knowlege! :)
Good point - I'm not arguing with - like I said it's usually best to get a contract to stipulate who owns what so that memories don't fade into craziness. In the end - you'll still have to enforce it and that can get costly in time, money, and energy. My point was that just because you have the contract doesn't mean everything is going to work out well and that the best thing you can do is really know the person(s) you're partnering with. I'm very sorry to hear your story - it's amazing how bad some people can be. Can I ask you if you'll ever partner again?
You are special Elizabeth!!! :)
Wow - I didn't mean to be speaking on your birthday! :) here's a link to the conference: http://moscbwi.org/Events.html It's in Springfield I believe...I haven't purchased my plane ticket yet so I didn't really look too close at the location yet but I think all the info is in the link. Would be fun to meet you!
This is a good idea - I've seen this happen already in certain illustration FB groups - where illustrators and authors out dead beat clients...unfortunately with this recession many well intentioned people find themselves unable to pay for services rendered - a sign of the times perhaps.
Hi Will, Yes I totally agree, you can never be 100% certain or 100% protected. I know what we experiences was not usual. Generally people are good and we most definitely were 'lead up the garden path'. Looking back there were plenty of signs there was issues developing. My advise looking back would be to trust your gut instinct. We kept ignoring the signs and re-assuring ourselves that this was supposed to be our friend. We were terribly wrong.
In terms of partnerships again, we certainly would consider it but not yet. Still raw from the ordeal. Getting legal involvement right from the start would certainly scare off any 'dodgy person' right from the get go. Get the legal stuff going early, sit as a group with your chosen solicitors to scope out everything.
Great blog Will. Abolutely LOVE your work. You are truly one hellava talent :)
Hi again, I guess that did sound a little ego-centric of me, I try to be aware of how I communicate to big people:) Being surrounded by kiddlets all day in the "Me" stage has taken its toll:( Thanks for providing the link to this event! What better way to use my passport before it expires...I have read up on these conferences and I really enjoy reading your inspirational blog.