File puptcrit/puptcrit.0810, message 141


Date: Wed, 8 Oct 2008 17:28:54 -0400
From: "Hobey Ford" <hobeyone-AT-gmail.com>
To: puptcrit-AT-puptcrit.org
Subject: Re: [Puptcrit] Breach of contracts (was copyright infringement)


Along the lines of contracts, here is another consideration for the
process.  I don't build stuff for other anymore because it didn't work well
for me, but I did have one interesting situation.  I was hired by a  huge
hotel in Asheville to build their Mascot.  They had another one built which
they hated.  It was built by a very reputable builder who had a national
campaign mascot under his belt and the work on the mascot looked fine.  I
began to realize the importance of having my customer sign off on every
detail, from sketches: side view & front view, to fake fur swatches and
fabric swatches.  The project went beautifully and they were thrilled with
it.  I now know that it was due to that process of getting signed approval
on every step.  I realized that they didn't have the capacity to express
what they wanted and so needed to be guided and confirm the direction.  It
really did clarify for the process of building what they wanted and
eliminated any surprises for either of us.  *If I hadn't done this I am sure
they would have disliked any final product.*

On Wed, Oct 8, 2008 at 2:29 PM, Mathieu René <creaturiste-AT-primus.ca> wrote:

> Seems the talk about copyright infringements veered into the
> just-as-fascinating contract discussion...
>
>
> Twice I've had projects dropped by the customer, one before I was fully
> paid
> (50% owed still), the other  was dropped by the producer before even
> presenting it to the customer, so I wasn't paid for the two weeks of
> intensive character design.
>
> In the second case (no contract yet, producers needed sketches to make the
> customer approve project), I got nothing for the 40 hours of sketching on
> paper and in clay.
>
> In the first case, I had a detailed contract, but I was too trusting,
> accepting to sign it even though I was uncomfortable with the clause
> stating
> that they would pay me the remainder of the salary when the website would
> make a profit. What convinced me to take that risk were 5 reasons:
>
> -they said the rest of the collaborators were not even paid in advance, not
> a cent, but I was paid 50% upfront, so they were already doing me a favor
> above the rest (yeah right!).
>
> -They assured me (verbally), that the last payment would be no more than 3
> months away
> (It's been over a year. They owe me two thousand dollars in salary.)
>
> -The project was to be huge, real quick, they had a huge publicity deal in
> the works.
> (turned out to not work, the website is barely kept updated, no one talks
> about it, no new puppet video since the first three were put up on the
> first
> two months. Most of the puppets I built were not featured. They paid no
> attention to the techmnical advice I gave them about bare minimum proper TV
> puppet studio setup).
>
> -the customers were famous in the media, not likely to disappear.
> (even in the public eye, they can avoid answering the phone, bounce me to
> their agent, refuse to pay, etcetera).
>
> -their relative fame and the success of the project could bring my puppet
> building business a lot of great exposure. (so far, no good).
>
> I haven't given up on getting paid.
>
> My lesson learned:
> No matter how famous the customers, or how interesting the project, or how
> much exposure it could get me, I'll never accept to work without my now
> standard and reaffirmed (I had them before this project)  conditions:
>
> -signed detailed contract (with description of creation, with whatever
> options required of the product)
> -50% of salary and totality of material costs paid in advance, before
> starting (exception of some sketches for TV projects, but the time shall be
> billed later).
>
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