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Katie Adkins

8 Years Ago

Commission Art/customer Always Right?

Hello!
I've got a vent/question and it's a layered kind of topic.

Okay. I was approached about my cityscape painting and asked if I'd consider having prints made in a specific size. No biggy, I do prints.
After this was finished, we talked about commissioning two more paintings for another area for the branch businesses.The co. is interested in using a local artist for the art.
Okay. I keep the painting (they did not want original) they pay me for my prints. Should be easy.
So after working on a painting, I allowed the edit before finalizing. I did all to the company requests. The ok was given to go to print. After notifying the prints were ready for delivery and requesting payment, I was told that they could not use the prints, that there needs to be more edits made to the painting.
After some discussion payment was made and still did not want the prints. I was been asked to Photoshop the area that they wanted edited. Explaining to them that digital imaging was out of my expertise level, they ask me to send them the image so that they could send it to someone who does digital imaging.
I'm not trying to sound ungrateful but, it's not really my art if someone's going and altering my work. But isn't it sort of taking away from the point of an artist?
And should I be as angry about this as I feel?
Should I expect payment if they want prints from this altered piec,e too?

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Sharon Cummings

8 Years Ago

Everyone is different. I always get paid upfront for licensing and custom work. No money = no art. That's just me.

So in this case, I personally would have to approve the edits they want and if I did, then I would let them have prints made and pay for those prints. I wouldn't spend anymore money for THEIR problem. They had a chance to make the edits they wanted.

 

Edward Fielding

8 Years Ago

What did the contract say? I would have it all spelled out in the contract. What the deliverables will be and costs for any changes.

 

Loretta Luglio

8 Years Ago

Wow - If I understand this correctly, I would have a hard time doing an original painting and then changing (or allowing someone else) to digitally manipulate it. It takes away from the integrity of the original work. If your original work is handed to someone else who owns copyright? Hope you have been paid for work done to date.

 

Jessica Jenney

8 Years Ago

I always ask to see a contract first, then I can ask questions and negotiate. In some contracts it states that you allow the publisher to make changes and you can ask for approval.

 

Mike Savad

8 Years Ago

that's why you need a contract. it would state like:

your paid 50% non refundable.

part 1 - is the sketch, its approved with a signature
part 2 - you show them a general proof (each of these with PROOF written across the center) and have them sign it.
part 3 - is the final proof. i think some people allow for 2 corrections anything beyond that you charge extra for.

but it depends how you set it up. otherwise they will nit pick everything forever. its one reason i don't do commissions.


---Mike Savad
MikeSavad.com

 

Phyllis Beiser

8 Years Ago

Value your own work even if they do not. I would not allow my work to be changed by anyone. If they had wanted it a certain way, they should have informed you of that in the first place. I always get 50%, non-refundable before I even start unless I REALLY know them and am sure of their sincerity. I am so sorry that this has happened to you. Also, Mike is correct. I do show the sketch, then the rough painting then the final, that way, there is no big surprise!

 

Sharon Cummings

8 Years Ago

I type my own contracts except for art consultants who always send me theirs already signed. Make them as specific as possible. Leave no room for questions.

For custom paintings, they never get to approve anything. I just don't like people tampering with what I do. I won't do abstract commissions unless they allow me to run with my own creativity. I have them look at my entire abstract portfolio and then decide if they trust my judgement as an artist. Money up front. Take it or leave it. Sounds harsh, but it's been working perfectly for me for 12 years. Very rarely an issue.

For the dog portraits and digital work, I get a non-refundable creative fee upfront. Then I upload the finished product. They can buy it or not. I do not keep changing things for people and I've never had anyone not buy their custom dog portrait. No one has even asked for changes. Hearing constant nit picking and making a bunch of changes...that's not being an artist...that's being a technician imo. So I never offer the ability to make changes upfront. If they do not know that they can make changes, they do not ask.

I will edit work digitally for people....takes 2 seconds in Photoshop. But not real paintings.

What edits do they want to make??

 

Floyd Snyder

8 Years Ago

First off, let's get something perfectly clear. The customer is usually NEVER right. But you NEVER what to let them know that. It is much better to lose the argument and win the sale. That is more satisfaction them the other way around.

41 years of retailing and watching people lie, steal, cheat, switch tags, return items they never bought from me and suffering about every kind of insult and abuse, short of violence, and I have learned that lesson well.

But in this case, I think you already know the answer. If you do not have it in writing, you have a weak case. There is such a thing as a verbal contract, but you would have difficult time enforcing it sans a legal action. Depending on how much money you are talking about and how strongly you fell about it maybe consult a lawyer or consider a small claims court action.

 

Mike Savad

8 Years Ago

just make sure that PROOF is written on each version. i've heard of people maybe paying the first half, then taking the sample and leaving.

i think marlene mentioned she allows for 2 minor changes and after that there is a fee.

the contract would also outline that they cannot alter the artwork in any way except for a crop, and it should be approved by you to make sure they aren't cutting your name off or something.

---Mike Savad
MikeSavad.com

 

Katie Adkins

8 Years Ago

Thank you all!! I just got home from meeting with them. I will read each response and respond shortly. Thank you!

 

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