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Cheetahs

Beware the artist/writer who lacks a ToS/commission page

This is a journal I always wanted to write in order to share my expertise on this matter and to, hopefully, protect those who buy art from falling prey to the temptation of hiring an overly friendly and eager artist who doesn't hold your best interest at heart.

To preface this, I shall employ the term 'artist' throughout this journal, because writing is a form of art as well.


Now, onto the actual story, which is inspired by a recent--and obviously real--experience. And just like with any other story, it comes with a morale at the end and then, my personal advice to you.

So, most of you who have followed me for several months or longer know that I tend to dedicate a portion of my spending funds to commissioning art. In 90% of the cases, these will be digital paintings, but every now and then, I also commission a story, as the food cooked by somebody else often tastes better, yes? It feels awesome to me, to help others nourish and develop their commission habits while also getting a neat piece of art in return. Most of the time, I am very careful with the people I work with, but it just so happened that I befriended(or at least, I thought I did) a fellow writer who also happened to like my writing. We talked about my stories, then about his stories, and later on, I decided to commission him despite his lack of a ToS/commission page due to our fruitful dialogues so far.

I give him my ideas, I send him the payment, and then patiently wait for my story. Throughout the rather lengthy wait(Which I didn't mind one bit as I care more about the results than the time it takes to get them), he kept reassuring me how the core scenes will be properly developed, how the interactions I want will be properly developed and so forth. When the commission is finally posted, one of the scenes is conspicuously missing and another important scene(that he promised to detail) has been reduced to 2 half-assed paragraphs. Naturally, I mention this in the review, and he promises to add in the missing scene and edit the remaining story.

A month passes, and I give him a PM to ask what's up. He tells me that he no longer has the time to edit the story, but I can still get my extra scene. At this point, I quote all of his past promises that he made to him, urging him to take responsibility. I mean, what's the point of promising somebody something if you never wanted to keep your word in the first place, right? Another few weeks pass with no response, and I try to PM him again.

Woops, I'm blocked by this paragon of diplomacy and moral virtue who takes the easy way out at the first sign of responsibility.

What went wrong here? Well, I chose to trust a person's word on commissions instead of employing cold logic.

Although this writer has a few hundred watchers, he is obviously unaccustomed to handling commissions--or to be specific, situations where he has to act like a responsible person. These people have every intention to make the best with what they have, but in the end, commissions are a business, not one's personal playground, and that means you have to be prepared to own up to your words and deliver what you promise.

So, the morale of my story is the following: Commission artists that aren't well established and who lack a ToS/commission page at your own risk, and never expect the process to go smoothly. Chances are it won't.

In order to minimize the chances of having my story become yours, and to make sure your monetary investment pays off, all you have to do is keep these things in mind:

1) A ToS protects both artist and customer and it is your quality assurance badge.

Artists who bother to write up their own ToS are people who understand the importance and implications of the commission process, thus offering a written, up-front list of their promises.

2) Check that artist's gallery! How many commissions have they done?

A simple gallery check can reveal a lot about your chosen artist's habits. Just think about this logically; somebody who has done a fair number of commissions is not only more experienced in handling them, but they will be very diplomatic during the commission process, as they need to preserve their reputation in order to secure more future work.

3) Artists really care about their reputation

Or at least, the honest and serious ones do. It is never in an artist's interest to provide a bad experience to their client, as it puts a black stain on their art, jeopardizes future opportunities, and it creates drama. Sensible and intelligent people shy from conflict, as they understand the futility of it, and are quick to come to an agreement that can pacify both parties.

There are probably more points I can add to this list, but you get the gist of it by now. It is vastly preferred to pay a well established artist with a decently written ToS and a good reputation a higher sum of money, than take a leap of faith.
Viewed: 119 times
Added: 6 years, 6 months ago
 
Fira
6 years, 6 months ago
Hmm... My only comment to this is that some artists may just be getting started and not be sure what to put in a tos or may not have many commissions under their belt. Yet these new artists deserve support too.

I would say beware the ones making promises that sound too good to be true and if they are new then offer to pay upon delivery of the product rather than upfront.
Cheetahs
6 years, 6 months ago
I have nothing against artists who get started, but don't you agree that, for one such artist, the existence of a ToS/commission page immediately inspired confidence, thus helping kickstart their business?
McFan
6 years, 6 months ago
I personally would only pay upfront if I commission an artist I can fully trust. I personally already took a lot of commissions and my ToS is overly minimal and simplistic, but at least my customers can have a good idea of what they will get before paying.
McFan
6 years, 6 months ago
I also would add that it seems harder to handle writing commissions, as there really isn't much possible to present a work in progress for validation and paiment. As someone who commission stories, it's the main reason why I hardly go toward new writers and stay with my my trusted ones, it's just very hard to determine if the person will be able to deliver what you want (which is for me generally bird pron, which is just super rare to see and read)
Cheetahs
6 years, 6 months ago
Precisely. A ToS doesn't have to be a cavalcade of legalese terms and phrases. Even a very simplistic one sets the necessary boundaries that can help protect both parties. And yeah, I agree with the stipulated challenges of story commissions, which is why I paid upfront for that story to begin with. On second thoughts, I should have been more wary of that person, but I knew them for a while and they did a spectacular job hiding their true nature...and that comes from me, somebody who is distrustful by nature.
Klandagi
6 years, 6 months ago
Never, ever, ever pay in full up front. And to those who would respond with a comment how rude it is that I don't pay, reread what I wrote there. Do not ever pay in full up front. Make a down payment, yes, but do not pay in full up front. Like McFan, I will pay in full to artists I trust, which right now is a long, extensive list, of just 2 names.
McFan
6 years, 6 months ago
Unfortunately nowadays most artists are asking full payment before even starting, some are even very reluctant to make any edit.
Klandagi
6 years, 6 months ago
Yes, this is true. But if you (they, really) want my money, they'll have to accept my terms. I'm not taking on the entire risk of it not being delivered, but I also won't make the artist starve.
Cheetahs
6 years, 6 months ago
Very well said.
Lionclaw
6 years, 6 months ago
It's pretty sad that you had an experience like this. I pretty much never get commissions, but I at least understand the importance of getting your work that you promised the customer done, and done correctly. It's a shame that there are artists that will take advantage of the word "promise."
Olly
6 years, 6 months ago
Actually glad you posted this. Was just perusing through user pages, happened to see this. I personally don't have a formal ToS, though I do state to people buying from me how I like the process to work. After reading this, I think I will be spending some time crafting a proper ToS for my business interactions, for the purpose of validity.
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