Unpaid Commissionn: Is It Free Game?

[MarkSkull]

This is one of the times where I think I already know the answer, but a second-opinion wouldn't hurt.

I had someone at a company contact me about doing a design for them. The agreement was simple; they would pay for the time and effort to create the piece and buy the rights to use it for a single purpose. There were no contracts signed, simply a few e-mails back and forth agreeing to those terms.

I just found out that they, in short, are no longer interested but may want it in the future. I've also never gotten paid for it.

So here's my question: That means I can use it how I see fit now, right?

Thanks.

[scrojo]

i'd contact them first and just give them the option to buy for the original use. just good business.

[kolfacekilla]

scrojo knows more about this business than i probably, but i'll give my 2 cents.

i'd say go ahead and re-use it. i've reused art before, art from posters i've sold to be used as advertising illustrations and vice versa. unless you sell rights to the artwork you can re-use it. and since its a big world i've never had someone say 'hey that piece you did for our poster was also used as a nike shirt in japan' or something.

i dunno, i guess it comes from a 'whatever pays the bills' mentality but i recycle artwork, especially if it wasn't used.

again, as long as you didn't 'sell the rights.'

just my opinion/experience though. if you get the chance to get paid twice for the same piece of work, go for it. in this case, its a no brainer (for me), use the unpaid for artwork and get paid. then if the OG client come back asking for it, sell it to them. unless it was used on a competitors brand, that's not good, don't want to burn them. but two different fields, posters vs apparel, cd artwork vs magazine illustration, i don't see the harm.

i am rambling, this might be the worst advice.

[vrooooom]

I'd be afraid of them catching wind that it was "used goods" and asking you to make a new new piece.

But you're wiser now!

[MarkSkull]

^ Good points, and basically what I thought.

i'd contact them first and just give them the option to buy for the original use. just good business.

Great point, and will do. Good business is more important to me than just making a quick buck selling the piece myself.

[JustinHelton]

Also a good reason to start enlisting kill fees into your agreements. You should be paid for your time.

[nobody !mpr!nt]

What are kill fees exactly?

[vrooooom]

Some amount of money, either a rate, percentage of the total job, or other that's paid to the designer to cover work done, even if they decide to back out.

2011/03 Mike Monteiro | F*ck You. Pay Me. on Vimeo

[nobody !mpr!nt]

oh ok =)