Shop Mobile More Submit  Join Login
About Film & Animation / Professional Floriane GrivillersFemale/France Group :iconankama-club: Ankama-Club
The #1 Ankama Fanclub on dA!
Recent Activity
Deviant for 6 Years
Needs Core Membership
Statistics 332 Deviations 3,129 Comments 63,228 Pageviews
×

Newest Deviations

Favourites

Watchers

Friends


Picture by Maki Naro ( boxplotcomic.com )

Hello guys! Today, I would like to warn you about some contests or kind of offers that you have probably received in your mail box. A few days ago, I received another inbox here on DA, from a professional Editor asking me to submit an illustration for the cover of her next issue magazine.

After I asked some more information about this project, it appeared this was a "contest" with "no price" for the winner... except the opportunity to work happily for free. The Editor would choose the winner, who will get his work used and published in a lucrative magazine, without any financial compensation . Also, he would win a "feature" - that means an article about his work and maybe some selected pictures - he would have to write himself providing more additional "free" content for the magazine. The point is, an Edition is a company supposed to work closely with creative people, and making money from their works. 

I thought first it was a clumsy request, so as usual I tried to be pedagogue, but the answer I received after that finally convinced me of the bad faith of this Edition, and their disrespect for the work of the authors or illustrators they are working with on their publications. I'll not name publicly this Edition ( But you can still message me if you want to know! ;p), the purpose of this article was not to organize a witch-hunt but more to prevent other Deviant fellows or beginners about Speculative work. That becames so common that I receive at least 3-5 "offers" of this kind every week. 


Picture from "Mon maçon était illustrateur"
Client: It's simple, you have to build the most beautiful house on my land!
Mason 1: What's the first prize?
Client: The joy to have build the most beautiful house on my land!
Mason 2: Yeah!
Mason 3: What an exposure for my work! 

Some reminder about contests:


A contest has some legal obligations ,rules, and regulations. I'll only talk here about a few points concerning this situation:

-Each contest should have some rules, like a contract , that's usually written by a judicial officer. Before enter to the contest, you should read the fine print, and be carefull! Some clause could be very restrive (or illegal) concerning your rights and the uses of your creations...

 -When you talk about contest, you first talk about prizes (That can be money, that can be something else with an equal value as the efforts provided). 'winning' the possibilitity to be published, to work for free and to be exploited is not a prize in itself.

-It's illegal to use what you've submitted in other ways that to determine the winner of the "contest". In other words: you can't submit a creation that will be "used"or "published" then. If someone want to publish your creation, you should be paid for that, and have a contract (Following the law in your country about Intellectual property, the payment is made under the cession of right or royalties)

-If the "contest" looks like a job offer, that's not a contest but Speculative work. Be carefull with that!

In this situation, the "contest" was clearly dissimulating a regular professional request , didn't have any rules, any prize, and it can't be legally considered as such.

What's speculative work?



Mad Men 
How it started: To help you to understand where the speculative work comes from, we have to go back to Mad Men era. When some big advertisement agencies were in competition with other agencies, they choose one of their team to work on a non-paid project for a big client, to win a very very very big contract then. But, in that kind of big companies, there are several teams working at the same time ( not only on that non-paid project), increasing the revenue of the company. This way nobody was exactly working for free...Today, that's became quite popular to do the same, but you will understand that can't really work on small businesses (or people working alone), and that's not profitable if there is not a huge amount of money then... :')

To be short: This kind of requests evolved a lot during these past few years and it's often disguised as tests, contests, professional requests to get exposure or employement . Contests look more informal and friendly, so it can be sometimes confusing.


Comic by Brad Colbow via imjustcreative

Lots of companies have now simply based their business on the exploitation of young or naive creators contributing for free. (Probably thinking organizing contests will make some advertisement, so they will receive lots of free contributions that way) ^^"

Check out that small video to understand how it can impact our work now : 

And follow this link if you want to know more about spec'work: www.nospec.com/


Have you seen a similar request for any another profession ? Think about it...


Lot of people think to be an artist is "not a real job" , it's more like a hobby... maybe it's due to mimicry, lots of misunderstandings or ignorance about it. But as for many other kinf of job, we worked a lot to become a skilled and professional creative worker (I will not talk about the struggle to pay several years in a specialized art school , or all the work and sacrifices every artist made on behalf of The Passion... but you know what I mean.) At the end, people contact us because they need those skill for their projects ! (Like they would need the skills of any other professional...)

Considering that... Is that kind of "contest" would work for any other professional request? I let you imagine the same situation at the restaurant: Would you organize a cooking contest ? You don't pay any meal, choose the one you preferred... Then the winner would have the chance to write himself a culinary review on your (unknown) blog to have some "exposure"... and any fincancial compensation at all, even for the meal !:D

This small video show you different exemples and situations:


Arguments and other non-sense: 


Most of the people sending you these kind of request, will try to make you feel insecure or guilty. Sometimes, they even don't realize that, and sincerely believe in the legitimacy of their request. Don't be manipulated and be prepared ! Here are some of the most frequent exemples :

-"You will get more exposure!" 

I don't know anything about your personal situation or choices... But I don't pay my rent, my food, my professional fees or all the taxes with "Exposure". And I'm not sure "Hopeless illustrator working for free" is the kind of advertisement I would like to get when I'll be looking for new clients...

-" I look for something coming from the heart"/"That just something to made with enjoyment to spread the fun"/"I don't like people talking about money"
What about the people sending that kind of offers? Do they work for free for a living too ? 

Considering the professional costs of an Edition( like every other business): web hosting, advertisement, communication, scouting for new talents, the salary of employees or other employees, the professional print of the books and magazines, shipping costs, fees from Amazon (or any other online store) and all the taxes and regulation, etc... Why everything should be paid, but none of the people providing the most important ressource of the publications?

Just to make it clear: professional artists or authors, as small entrepreneurs, have the same professional fees and needs to expand their small business to keep working and prospecting for new projects too. So yes, we need money for a living too! :')


Picture from  william87(Note: I don't have anything against hippies, if I could I would live in the wood ... but working in the video games and visual industry, I bought a computer and I need an internet connection to live. So I'm stucked in the system ! :D )

-"you will be credited" and ''you will keep the exclusivity of your rights":

Of course you will! If your creation is used elsewhere, you have to be "at least" credited... It's one of the legal obligation of the Intellectual Property Code. Be carefull with some people asking you to transfert all your rights exclusively without offering you any financial compensation, it's not legal and it should be paid proportionally to the kind of cession (exclusive=$$$). Anyway, you should remain credited. period.

Also, be carefull and read all the fine prints of the contracts!
 Some clauses could be very restrive (or illegal) concerning your rights and the uses of your creations...
Comic strip: JANOS: Wait, Joel, this contract says we have to change the name of the band. JOEL: Yes, but you get to choose the name from the list on pg. 13, I fought for that…. DUSTIN: And we lose all rights to all our songs and recordings! JOEL: You’re better off. Believe me. Free from the […]
portermason.com/bassistwanted/…
 
-"This will be good for your portfolio/CV" or "It will not paid this time...But if I'm happy with your work I'll maybe ask you for some more work later"

This is usually the kind of project you will not show in your portfolio, because it can't be handled in the best conditions. You should better work on your own projects or for some causes you sincerely want to support to create something good for your portfolio. It will be more creative and you will have more freedom to experiment and improve your skills that way, than working with the limitations of a request. 


To conclude : What you should you do ? 


As a creative worker, I think the best is to avoid this kind of contests.
Let know your work has a value, and it worth the price! And spread the word around you: The power of change is in our hands! If you don't defend your position, anybody will do it for you. Also , it's always easier to be surrounded, so look for support among other artists, associations or craft unions.  

As an entrepreneur, I sincerely believe the key of success depends on a well balanced and professional collaboration, based on mutual respect. If you are a client or a company (even if you don't have a high budget) , it's possible for you to choose a perfect collaborator: internet is full of new talents, and it will be probably cheaper than organizing a contest ! Negociate a fair contract, pay for the time and the efforts , and I'm sure you will be not disappointed and will develop a successful longterm partnership with your collaborator! Of course, you can also organize a contest, but think about those points to determine an ethical offer: 
  • Will I equitably pay a winning designer for the work rendered as if they were hired under contract to do the same thing?
  • Will I negotiate proper compensation for the usage rights commensurate to the designer’s level of skill?
  • Will I return the working files and usage rights to all submitted designs, especially if they don’t win?


Picture by Maki Naro ( boxplotcomic.com ), I recommend you to read the full comic here 

* * *
Thanks for stopping by, it was a super long article but I thought I have to make the point about it. I will probably have to develop more in the future... So feel free to comment below to help me to improve it, and share your own experiences about contests and speculative work too! Also, if you have any question, feel free to ask ! :ahoy:
  • Eating: too much!
  • Drinking: detox juices

Hello guys! Today, I would like to warn you about some contests or kind of offers that you have probably received in your mail box...



Picture by Maki Naro ( boxplotcomic.com )

A few days ago, I received another inbox here on DA, from a professional Editor asking me to submit an illustration for the cover of her next issue magazine.

After I asked some more information about this project, it appeared it was like a "contest" with "no price" for the winner: I would create an illustration, and if she likes it, my art would be published. Also I would have to write a feature, providing more content for the magazine... Everything without any financial compensation. The point is, an Edition is a company supposed to work closely with creative people, and making money from their works. 

I'll not name publicly this Edition ( But you can still message me if you want to know! ;p), but their last message convinced me of their bad faith and their disrespect for the work of the authors or illustrators they are working with.  So it motivated me to complete this article I made to prevent other Deviant fellows or beginners of Speculative work. That becames so common that I receive at least 3-5 "offers" of this kind every week. 


Picture from "Mon maçon était illustrateur"
Client: It's simple, you have to build the most beautiful house on my land!
Mason 1: What's the first prize?
Client: The joy to have build the most beautiful house on my land!
Mason 2: Yeah!
Mason 3: What an exposure for my work! 

Some reminder about contests:


A contest has some legal obligations ,rules, and regulations. I'll only talk here about a few points concerning this situation:

  • Each contest should have some rules, like a contract , that's usually written by a judicial officer. Before enter to the contest, you should read the fine print, and be carefull! Some clause could be very restrive (or illegal) concerning your rights and the uses of your creations...
  • When you talk about contest, you first talk about prizes (That can be money, that can be something else with an equal value as the efforts provided). 'winning' the possibilitity to be published, to work for free and to be exploited is not a prize in itself. 
  • It's illegal to use what you've submitted in other ways that to determine the winner of the "contest". In other words: you can't submit a creation that will be "used"or "published" then. If someone want to publish your creation, you should be paid for that, and have a contract (Following the law in your country about Intellectual property, the payment is made under the cession of right or royalties) 
  • If the "contest" looks like a job offer, that's not a contest but Speculative work. Be carefull with that! 

In this situation, the "contest" was clearly dissimulating a regular professional request , didn't have any rules, any prize, and it can't be legally considered as such.

What's speculative work?



Mad Men 
How it started: To help you to understand where the speculative work comes from, we have to go back to Mad Men era. When some big advertisement agencies were in competition with other agencies, they choose one of their team to work on a non-paid project for a big client, to win a very very very big contract then. But, in that kind of big companies, there are several teams working at the same time ( not only on that non-paid project), increasing the revenue of the company. This way nobody was exactly working for free...Today, that's became quite popular to do the same, but you will understand that can't really work on small businesses (or people working alone), and that's not profitable if there is not a huge amount of money then... :')

Now: This kind of requests evolved a lot during these past few years and it's often disguised as tests, contests, professional requests to get exposure or employement . A contests looks more informal and friendly, so it can be sometimes confusing for some people to recognize the scam.


Comic by Brad Colbow via imjustcreative

Lots of companies have now simply based their business on the exploitation of young or naive creators contributing for free. (Probably thinking organizing contests will make some advertisement, so they will receive lots of free contributions that way) ^^"

Check out that small video to understand how it can impact our work : 

And follow this link if you want to know more about spec'work: www.nospec.com/


Have you seen a similar request for any another profession ? Think about it...


There are lots of misunderstandings about creative works. Many people still don't consider that like a "real job" But as for many other kind of jobs, we put lot of efforts and invest so much time to become a skilled and professional creative worker. without to mention the struggle to pay several years in a specialized art school, or the sacrifices in behalf of the Passion. At the end, people contact us because they need those skill for their projects ! (Like they would need the skills of any other professional...)

Considering that... could you imagine the same situation at the restaurant? You organize a cooking contest: You don't pay any meal, choose the one you preferred. Then the winner would have the chance to write himself a culinary review on your (unknown) blog to have some "exposure"... and any fincancial compensation at all, even for the meal ! No it doesn't work... :D

This small video show you different exemples and situations:


Arguments and other non-sense: 


Most of the people sending you these kind of request, will try to make you feel insecure or guilty. Sometimes, they even don't realize that, and sincerely believe in the legitimacy of their request. Don't be manipulated and be prepared ! Here are some of the most frequent exemples :

-"You will get more exposure!" 
Expo$uretheoatmeal.com/comics/exposure

I don't know anything about your personal situation or choices... But I don't pay my rent, my food, my professional fees or all the taxes with "Exposure". (And I'm not sure "Hopeless illustrator working for free" is the kind of advertisement I would like to get when I'll be looking for new clients... )

-" I look for something coming from the heart"/"That just something to made with enjoyment to spread the fun"/"I don't like people talking about money"
What about the people sending that kind of offers? Do they work for free for a living too ? 

Considering the professional costs of an Edition( like every other business): web hosting, advertisement, communication, scouting for new talents, the salary of employees or other collaborators, the professional print of the books and magazines, shipping costs, fees from Amazon (or any other online store) and all the taxes and regulation, etc... Why everything should be paid, but none of the people providing the most important ressource of the publications?

Just to make it clear: professional artists or authors, as small entrepreneurs, have the same professional fees and needs to expand their small business to keep working and prospecting for new projects too. So yes, we need money for a living too! :')


Picture from  william87 Note: I don't have anything against hippies, if I could I would live in the wood too... But working with a computer and an internet connection, I'm stucked in the system ! :')

-"you will be credited" and ''you will keep the exclusivity of your rights":

Of course you will! If your creation is used elsewhere, you have to be "at least" credited... It's one of the legal obligation of the Intellectual Property Code. Be carefull with some people asking you to transfert all your rights exclusively without offering you any financial compensation, it's not legal and it should be paid proportionally to the kind of cession (exclusive=$$$). Anyway, you should remain credited. period.

Also, be carefull and read all the fine prints of the contracts!
 Some clauses could be very restrive (or illegal) concerning your rights and the uses of your creations...
Comic strip: JANOS: Wait, Joel, this contract says we have to change the name of the band. JOEL: Yes, but you get to choose the name from the list on pg. 13, I fought for that…. DUSTIN: And we lose all rights to all our songs and recordings! JOEL: You’re better off. Believe me. Free from the […]
portermason.com/bassistwanted/…
 
-"This will be good for your portfolio/CV" or "It will not paid this time...But if I'm happy with your work I'll maybe ask you for some more work later"

This is usually the kind of project you will not show in your portfolio, because it can't be handled in the best conditions( And you are probably working with the worst kind of "client") You should better work on your own projects or for some causes you sincerely want to support to create something good for your portfolio. It will be more creative and you will have more freedom to experiment and improve your skills that way, than working with the limitations of a request. 


To conclude : What should you do ? 


As a creative worker, I think the best is to avoid this kind of contests, and don't waste too much time with that.
Let know your work has a value, and it worth the price! And spread the word around you: The power of change is in our hands! If you don't defend your position, anybody will do it for you. Also , it's always easier to be surrounded, so look for support among other artists, associations or craft unions.

As an entrepreneur, I sincerely believe the key of success depends on a well balanced and professional collaboration, based on mutual respect. If you are a client or a company (even if you don't have a high budget) , it's possible for you to choose a perfect collaborator: internet is full of new talents, and it will be probably cheaper than organizing a contest ! Negociate a fair contract, pay for the time and the efforts , and I'm sure you will be not disappointed and will develop a successful longterm partnership with your collaborator! Of course, you can also organize a contest, but think about those points to determine an ethical offer: 
  • Will I equitably pay a winning designer for the work rendered as if they were hired under contract to do the same thing?
  • Will I negotiate proper compensation for the usage rights commensurate to the designer’s level of skill?
  • Will I return the working files and usage rights to all submitted designs, especially if they don’t win?


Picture by Maki Naro ( boxplotcomic.com ), I recommend you to read the full comic here 

* * *
Thanks for stopping by, it was a super long article but I thought I have to make the point about that. I will probably have to develop more in the future... So feel free to comment below to help me to improve it, and share your own experiences about contests and speculative work too! Also, if you have any question, feel free to ask ! :ahoy:
  • Eating: too much!
  • Drinking: detox juices

deviantID

Foyaland's Profile Picture
Foyaland
Floriane Grivillers
Artist | Professional | Film & Animation
France
I'm a 28 years old freelance artist from France, working under the pseudo "Foya". I began my freelance career in 2009, after having the chance to work a few years for the tv serie "Wakfu" as flash animator, then as graphist on the videogame projects of Ankama. I'm now full time living from my own art.

As I'm used to work with a team of developers, I've specialized myself in creating cute vector content and animations for 2D videogames. On bigger projects, I can also hire or supervize a team of artists. I'm deeply invested on each project I choose, and I like to share my experience with my collaborators.

It also stimulates my creativity to work on various other kind of projects: Illustrations for edition or boardgames, concept art for music videos and animation... Being a jack of all trades, I love to experiment different medias and scribbling micro-universes, painting a lot, sharing my process, and working on my own projects during my spare time!

Since the beginning of 2014, I live between Valencia (Spain) and Paris, to be with my family, and to ease my work and relationship with clients.

Thank you so much for stopping by, I hope you will enjoy my work. Feel free to drop me a line if you want to get in touch. I'm always glad to answer your questions, so don't be shy ! :)

If you are interested by my work and want to collaborate with me, you are most welcome ! But please consider I'm full time living from my art, so I can't accept to work for free...

Have a nice day!

Foya.

Blog///Portfolio///Facebook///Etsy///Tumblr

Activity


Animated Illustration Day and Night
ART PRINT: society6.com/product/the-perfe…
 
- - - - - - - - - - - - - - - - - - - - - - - - - - -

Sorry for the lack of activity here. For those who are following me elsewhere, you probably know I had some busy months. Besides some personal issues, I still have lot of work on more commercial projects and video games. I struggled to balance my time between all of that, and I did'nt uploaded so many new illustrations...

I previously posted this one a few months ago in the watercolor section.. but I was not totally happy with, so I re-worked it. I digitally changed the atmosphere for warmer contrasts and made an animated .gif for fun. I hope you'll like this new version! :')

You can see more details here: foyaland.blogspot.com.es/2016/…

And If you want to discover more wips and doodles, take a look on my Facebook page or Instagram. It's much easier for me to upload quick previews than final illustrations for now! :hug:

Blog--Facebook---Etsy ---Society6---Tumblr---Instagram


:icondonotuseplz::iconmyartplz:

(Also, as a kind reminder, please do not use my art elsewhere without asking and proper credits linked, thank you! :heart: )
Loading...

Picture by Maki Naro ( boxplotcomic.com )

Hello guys! Today, I would like to warn you about some contests or kind of offers that you have probably received in your mail box. A few days ago, I received another inbox here on DA, from a professional Editor asking me to submit an illustration for the cover of her next issue magazine.

After I asked some more information about this project, it appeared this was a "contest" with "no price" for the winner... except the opportunity to work happily for free. The Editor would choose the winner, who will get his work used and published in a lucrative magazine, without any financial compensation . Also, he would win a "feature" - that means an article about his work and maybe some selected pictures - he would have to write himself providing more additional "free" content for the magazine. The point is, an Edition is a company supposed to work closely with creative people, and making money from their works. 

I thought first it was a clumsy request, so as usual I tried to be pedagogue, but the answer I received after that finally convinced me of the bad faith of this Edition, and their disrespect for the work of the authors or illustrators they are working with on their publications. I'll not name publicly this Edition ( But you can still message me if you want to know! ;p), the purpose of this article was not to organize a witch-hunt but more to prevent other Deviant fellows or beginners about Speculative work. That becames so common that I receive at least 3-5 "offers" of this kind every week. 


Picture from "Mon maçon était illustrateur"
Client: It's simple, you have to build the most beautiful house on my land!
Mason 1: What's the first prize?
Client: The joy to have build the most beautiful house on my land!
Mason 2: Yeah!
Mason 3: What an exposure for my work! 

Some reminder about contests:


A contest has some legal obligations ,rules, and regulations. I'll only talk here about a few points concerning this situation:

-Each contest should have some rules, like a contract , that's usually written by a judicial officer. Before enter to the contest, you should read the fine print, and be carefull! Some clause could be very restrive (or illegal) concerning your rights and the uses of your creations...

 -When you talk about contest, you first talk about prizes (That can be money, that can be something else with an equal value as the efforts provided). 'winning' the possibilitity to be published, to work for free and to be exploited is not a prize in itself.

-It's illegal to use what you've submitted in other ways that to determine the winner of the "contest". In other words: you can't submit a creation that will be "used"or "published" then. If someone want to publish your creation, you should be paid for that, and have a contract (Following the law in your country about Intellectual property, the payment is made under the cession of right or royalties)

-If the "contest" looks like a job offer, that's not a contest but Speculative work. Be carefull with that!

In this situation, the "contest" was clearly dissimulating a regular professional request , didn't have any rules, any prize, and it can't be legally considered as such.

What's speculative work?



Mad Men 
How it started: To help you to understand where the speculative work comes from, we have to go back to Mad Men era. When some big advertisement agencies were in competition with other agencies, they choose one of their team to work on a non-paid project for a big client, to win a very very very big contract then. But, in that kind of big companies, there are several teams working at the same time ( not only on that non-paid project), increasing the revenue of the company. This way nobody was exactly working for free...Today, that's became quite popular to do the same, but you will understand that can't really work on small businesses (or people working alone), and that's not profitable if there is not a huge amount of money then... :')

To be short: This kind of requests evolved a lot during these past few years and it's often disguised as tests, contests, professional requests to get exposure or employement . Contests look more informal and friendly, so it can be sometimes confusing.


Comic by Brad Colbow via imjustcreative

Lots of companies have now simply based their business on the exploitation of young or naive creators contributing for free. (Probably thinking organizing contests will make some advertisement, so they will receive lots of free contributions that way) ^^"

Check out that small video to understand how it can impact our work now : 

And follow this link if you want to know more about spec'work: www.nospec.com/


Have you seen a similar request for any another profession ? Think about it...


Lot of people think to be an artist is "not a real job" , it's more like a hobby... maybe it's due to mimicry, lots of misunderstandings or ignorance about it. But as for many other kinf of job, we worked a lot to become a skilled and professional creative worker (I will not talk about the struggle to pay several years in a specialized art school , or all the work and sacrifices every artist made on behalf of The Passion... but you know what I mean.) At the end, people contact us because they need those skill for their projects ! (Like they would need the skills of any other professional...)

Considering that... Is that kind of "contest" would work for any other professional request? I let you imagine the same situation at the restaurant: Would you organize a cooking contest ? You don't pay any meal, choose the one you preferred... Then the winner would have the chance to write himself a culinary review on your (unknown) blog to have some "exposure"... and any fincancial compensation at all, even for the meal !:D

This small video show you different exemples and situations:


Arguments and other non-sense: 


Most of the people sending you these kind of request, will try to make you feel insecure or guilty. Sometimes, they even don't realize that, and sincerely believe in the legitimacy of their request. Don't be manipulated and be prepared ! Here are some of the most frequent exemples :

-"You will get more exposure!" 

I don't know anything about your personal situation or choices... But I don't pay my rent, my food, my professional fees or all the taxes with "Exposure". And I'm not sure "Hopeless illustrator working for free" is the kind of advertisement I would like to get when I'll be looking for new clients...

-" I look for something coming from the heart"/"That just something to made with enjoyment to spread the fun"/"I don't like people talking about money"
What about the people sending that kind of offers? Do they work for free for a living too ? 

Considering the professional costs of an Edition( like every other business): web hosting, advertisement, communication, scouting for new talents, the salary of employees or other employees, the professional print of the books and magazines, shipping costs, fees from Amazon (or any other online store) and all the taxes and regulation, etc... Why everything should be paid, but none of the people providing the most important ressource of the publications?

Just to make it clear: professional artists or authors, as small entrepreneurs, have the same professional fees and needs to expand their small business to keep working and prospecting for new projects too. So yes, we need money for a living too! :')


Picture from  william87(Note: I don't have anything against hippies, if I could I would live in the wood ... but working in the video games and visual industry, I bought a computer and I need an internet connection to live. So I'm stucked in the system ! :D )

-"you will be credited" and ''you will keep the exclusivity of your rights":

Of course you will! If your creation is used elsewhere, you have to be "at least" credited... It's one of the legal obligation of the Intellectual Property Code. Be carefull with some people asking you to transfert all your rights exclusively without offering you any financial compensation, it's not legal and it should be paid proportionally to the kind of cession (exclusive=$$$). Anyway, you should remain credited. period.

Also, be carefull and read all the fine prints of the contracts!
 Some clauses could be very restrive (or illegal) concerning your rights and the uses of your creations...
Comic strip: JANOS: Wait, Joel, this contract says we have to change the name of the band. JOEL: Yes, but you get to choose the name from the list on pg. 13, I fought for that…. DUSTIN: And we lose all rights to all our songs and recordings! JOEL: You’re better off. Believe me. Free from the […]
portermason.com/bassistwanted/…
 
-"This will be good for your portfolio/CV" or "It will not paid this time...But if I'm happy with your work I'll maybe ask you for some more work later"

This is usually the kind of project you will not show in your portfolio, because it can't be handled in the best conditions. You should better work on your own projects or for some causes you sincerely want to support to create something good for your portfolio. It will be more creative and you will have more freedom to experiment and improve your skills that way, than working with the limitations of a request. 


To conclude : What you should you do ? 


As a creative worker, I think the best is to avoid this kind of contests.
Let know your work has a value, and it worth the price! And spread the word around you: The power of change is in our hands! If you don't defend your position, anybody will do it for you. Also , it's always easier to be surrounded, so look for support among other artists, associations or craft unions.  

As an entrepreneur, I sincerely believe the key of success depends on a well balanced and professional collaboration, based on mutual respect. If you are a client or a company (even if you don't have a high budget) , it's possible for you to choose a perfect collaborator: internet is full of new talents, and it will be probably cheaper than organizing a contest ! Negociate a fair contract, pay for the time and the efforts , and I'm sure you will be not disappointed and will develop a successful longterm partnership with your collaborator! Of course, you can also organize a contest, but think about those points to determine an ethical offer: 
  • Will I equitably pay a winning designer for the work rendered as if they were hired under contract to do the same thing?
  • Will I negotiate proper compensation for the usage rights commensurate to the designer’s level of skill?
  • Will I return the working files and usage rights to all submitted designs, especially if they don’t win?


Picture by Maki Naro ( boxplotcomic.com ), I recommend you to read the full comic here 

* * *
Thanks for stopping by, it was a super long article but I thought I have to make the point about it. I will probably have to develop more in the future... So feel free to comment below to help me to improve it, and share your own experiences about contests and speculative work too! Also, if you have any question, feel free to ask ! :ahoy:
  • Eating: too much!
  • Drinking: detox juices

Hello guys! Today, I would like to warn you about some contests or kind of offers that you have probably received in your mail box...



Picture by Maki Naro ( boxplotcomic.com )

A few days ago, I received another inbox here on DA, from a professional Editor asking me to submit an illustration for the cover of her next issue magazine.

After I asked some more information about this project, it appeared it was like a "contest" with "no price" for the winner: I would create an illustration, and if she likes it, my art would be published. Also I would have to write a feature, providing more content for the magazine... Everything without any financial compensation. The point is, an Edition is a company supposed to work closely with creative people, and making money from their works. 

I'll not name publicly this Edition ( But you can still message me if you want to know! ;p), but their last message convinced me of their bad faith and their disrespect for the work of the authors or illustrators they are working with.  So it motivated me to complete this article I made to prevent other Deviant fellows or beginners of Speculative work. That becames so common that I receive at least 3-5 "offers" of this kind every week. 


Picture from "Mon maçon était illustrateur"
Client: It's simple, you have to build the most beautiful house on my land!
Mason 1: What's the first prize?
Client: The joy to have build the most beautiful house on my land!
Mason 2: Yeah!
Mason 3: What an exposure for my work! 

Some reminder about contests:


A contest has some legal obligations ,rules, and regulations. I'll only talk here about a few points concerning this situation:

  • Each contest should have some rules, like a contract , that's usually written by a judicial officer. Before enter to the contest, you should read the fine print, and be carefull! Some clause could be very restrive (or illegal) concerning your rights and the uses of your creations...
  • When you talk about contest, you first talk about prizes (That can be money, that can be something else with an equal value as the efforts provided). 'winning' the possibilitity to be published, to work for free and to be exploited is not a prize in itself. 
  • It's illegal to use what you've submitted in other ways that to determine the winner of the "contest". In other words: you can't submit a creation that will be "used"or "published" then. If someone want to publish your creation, you should be paid for that, and have a contract (Following the law in your country about Intellectual property, the payment is made under the cession of right or royalties) 
  • If the "contest" looks like a job offer, that's not a contest but Speculative work. Be carefull with that! 

In this situation, the "contest" was clearly dissimulating a regular professional request , didn't have any rules, any prize, and it can't be legally considered as such.

What's speculative work?



Mad Men 
How it started: To help you to understand where the speculative work comes from, we have to go back to Mad Men era. When some big advertisement agencies were in competition with other agencies, they choose one of their team to work on a non-paid project for a big client, to win a very very very big contract then. But, in that kind of big companies, there are several teams working at the same time ( not only on that non-paid project), increasing the revenue of the company. This way nobody was exactly working for free...Today, that's became quite popular to do the same, but you will understand that can't really work on small businesses (or people working alone), and that's not profitable if there is not a huge amount of money then... :')

Now: This kind of requests evolved a lot during these past few years and it's often disguised as tests, contests, professional requests to get exposure or employement . A contests looks more informal and friendly, so it can be sometimes confusing for some people to recognize the scam.


Comic by Brad Colbow via imjustcreative

Lots of companies have now simply based their business on the exploitation of young or naive creators contributing for free. (Probably thinking organizing contests will make some advertisement, so they will receive lots of free contributions that way) ^^"

Check out that small video to understand how it can impact our work : 

And follow this link if you want to know more about spec'work: www.nospec.com/


Have you seen a similar request for any another profession ? Think about it...


There are lots of misunderstandings about creative works. Many people still don't consider that like a "real job" But as for many other kind of jobs, we put lot of efforts and invest so much time to become a skilled and professional creative worker. without to mention the struggle to pay several years in a specialized art school, or the sacrifices in behalf of the Passion. At the end, people contact us because they need those skill for their projects ! (Like they would need the skills of any other professional...)

Considering that... could you imagine the same situation at the restaurant? You organize a cooking contest: You don't pay any meal, choose the one you preferred. Then the winner would have the chance to write himself a culinary review on your (unknown) blog to have some "exposure"... and any fincancial compensation at all, even for the meal ! No it doesn't work... :D

This small video show you different exemples and situations:


Arguments and other non-sense: 


Most of the people sending you these kind of request, will try to make you feel insecure or guilty. Sometimes, they even don't realize that, and sincerely believe in the legitimacy of their request. Don't be manipulated and be prepared ! Here are some of the most frequent exemples :

-"You will get more exposure!" 
Expo$uretheoatmeal.com/comics/exposure

I don't know anything about your personal situation or choices... But I don't pay my rent, my food, my professional fees or all the taxes with "Exposure". (And I'm not sure "Hopeless illustrator working for free" is the kind of advertisement I would like to get when I'll be looking for new clients... )

-" I look for something coming from the heart"/"That just something to made with enjoyment to spread the fun"/"I don't like people talking about money"
What about the people sending that kind of offers? Do they work for free for a living too ? 

Considering the professional costs of an Edition( like every other business): web hosting, advertisement, communication, scouting for new talents, the salary of employees or other collaborators, the professional print of the books and magazines, shipping costs, fees from Amazon (or any other online store) and all the taxes and regulation, etc... Why everything should be paid, but none of the people providing the most important ressource of the publications?

Just to make it clear: professional artists or authors, as small entrepreneurs, have the same professional fees and needs to expand their small business to keep working and prospecting for new projects too. So yes, we need money for a living too! :')


Picture from  william87 Note: I don't have anything against hippies, if I could I would live in the wood too... But working with a computer and an internet connection, I'm stucked in the system ! :')

-"you will be credited" and ''you will keep the exclusivity of your rights":

Of course you will! If your creation is used elsewhere, you have to be "at least" credited... It's one of the legal obligation of the Intellectual Property Code. Be carefull with some people asking you to transfert all your rights exclusively without offering you any financial compensation, it's not legal and it should be paid proportionally to the kind of cession (exclusive=$$$). Anyway, you should remain credited. period.

Also, be carefull and read all the fine prints of the contracts!
 Some clauses could be very restrive (or illegal) concerning your rights and the uses of your creations...
Comic strip: JANOS: Wait, Joel, this contract says we have to change the name of the band. JOEL: Yes, but you get to choose the name from the list on pg. 13, I fought for that…. DUSTIN: And we lose all rights to all our songs and recordings! JOEL: You’re better off. Believe me. Free from the […]
portermason.com/bassistwanted/…
 
-"This will be good for your portfolio/CV" or "It will not paid this time...But if I'm happy with your work I'll maybe ask you for some more work later"

This is usually the kind of project you will not show in your portfolio, because it can't be handled in the best conditions( And you are probably working with the worst kind of "client") You should better work on your own projects or for some causes you sincerely want to support to create something good for your portfolio. It will be more creative and you will have more freedom to experiment and improve your skills that way, than working with the limitations of a request. 


To conclude : What should you do ? 


As a creative worker, I think the best is to avoid this kind of contests, and don't waste too much time with that.
Let know your work has a value, and it worth the price! And spread the word around you: The power of change is in our hands! If you don't defend your position, anybody will do it for you. Also , it's always easier to be surrounded, so look for support among other artists, associations or craft unions.

As an entrepreneur, I sincerely believe the key of success depends on a well balanced and professional collaboration, based on mutual respect. If you are a client or a company (even if you don't have a high budget) , it's possible for you to choose a perfect collaborator: internet is full of new talents, and it will be probably cheaper than organizing a contest ! Negociate a fair contract, pay for the time and the efforts , and I'm sure you will be not disappointed and will develop a successful longterm partnership with your collaborator! Of course, you can also organize a contest, but think about those points to determine an ethical offer: 
  • Will I equitably pay a winning designer for the work rendered as if they were hired under contract to do the same thing?
  • Will I negotiate proper compensation for the usage rights commensurate to the designer’s level of skill?
  • Will I return the working files and usage rights to all submitted designs, especially if they don’t win?


Picture by Maki Naro ( boxplotcomic.com ), I recommend you to read the full comic here 

* * *
Thanks for stopping by, it was a super long article but I thought I have to make the point about that. I will probably have to develop more in the future... So feel free to comment below to help me to improve it, and share your own experiences about contests and speculative work too! Also, if you have any question, feel free to ask ! :ahoy:
  • Eating: too much!
  • Drinking: detox juices

EDIT: FREE Worldwide Shipping 

+ 15% Off New Carry-All Pouches/20% Off Laptop Sleeves
(Promotion expires March 6, 2016 at Midnight Pacific Time.)

Check it out! -> society6.com/foyaland?promo=J3…  



- - - - - - - - - - - -

I finally created a Society6 account to make some of my illustrations available as prints! Check out to discover my works, among other surprises! society6.com/foyaland &nb…;


Society6 is reputated for the good quality of their Gallery quality Giclée prints and service. Prints are made on order by them, so I don't have to manage the stocks and packages the prints myself. And they ship everywhere in the world for quite reasonnable shipping costs.

So I re-work on each piece to digitally adapt them to fit in the big prints standards. Some of my illustrations, as my Ghibli's tribute, are avaivable up to X-Large size, so you can enjoy all the details !

I also made available some derivative products: smartphone cases, cushions, totebags, and more...
however the commission rate of this website is pretty high on derivative products, so I would mostly encourage you to support artists buying their prints! (90% for the store, 10% for the artist... well, better than nothing I guess...) ;)

Also, I'm curious to now your feedback about this. If you have some suggestions, if you want to share your experience as a customer or as a seller, or if you have any question, feel free to drop a line here! :D






Find me elsewhere on the web! 
Blog---Facebook---Etsy---Tumblr

  • Listening to: Alt J
  • Reading: El Colonel que no tiene quien le escriba
  • Watching: Sense8
  • Playing: Elderscroll online
  • Eating: vegetarian food
  • Drinking: Lapsang Souchong Tea
Sending Some Love by Foyaland
Sending Some Love
Another scene with this cute little bunny, sending some sweet words to her secret love. Maybe it's a long distance relation ship, maybe she can't wait for the Valentine's day... Drop me a line to share your own story below ! :')

I did this illustration for the special Valentine postcard exchange, so feel free to share it, and spread some love around you ! :hug::heart:

Tools: Extra-fine watercolors on 300gm² cold pressed watercolor paper +some digital details 
Blog--Facebook---Etsy ---Society6---Tumblr---Instagram


:icondonotuseplz::iconmyartplz:
Loading...

AdCast - Ads from the Community

×

Comments


Add a Comment:
 
:iconkinachuku:
kinachuku Featured By Owner Mar 22, 2016  Hobbyist Digital Artist
Oh my goodness! I love your art! It is amazing. I stumbled upon your blog via an Amanitadesign dA fan group, haha.
Reply
:iconfoyaland:
Foyaland Featured By Owner Mar 24, 2016  Professional Filmographer
Hey, thanks a lot for the kind words! I'm glad you like my works, wishing you a great visit of my blog! :')
Reply
:iconkinachuku:
kinachuku Featured By Owner Mar 24, 2016  Hobbyist Digital Artist
You're very welcome :)
Reply
:iconasiapasek:
asiapasek Featured By Owner Feb 29, 2016  Professional Traditional Artist
Beautiful illustrations! I'll watch your art with great pleasure.
Reply
:iconfoyaland:
Foyaland Featured By Owner Mar 4, 2016  Professional Filmographer
Thank you so much for the kind words ! :hug:
Reply
:iconoceres:
oceres Featured By Owner Feb 27, 2016  Hobbyist Digital Artist
I am so in LOVE with all your works!!! Your style is so cute and inspiring!!! 

Have a lovely day. 
Reply
:iconfoyaland:
Foyaland Featured By Owner Mar 4, 2016  Professional Filmographer
Sorry for my late reply! I'm glad you like my works, thanks for the kind words ! :hug:
Reply
:iconl-y-n-s:
L-Y-N-S Featured By Owner Feb 10, 2016  Professional Filmographer
Hi, I'm a new watcher of yours and i love your style and color use. I'm a traditional artist myself, but I just love your dept and design in your work. So i'll have to admit i'll be looking up to you to know what a great artist looks like ^^
Reply
:iconfoyaland:
Foyaland Featured By Owner Feb 13, 2016  Professional Filmographer
Thank you so much for the kind words! :blush::heart:
Reply
:iconkristenspork:
KristenSpork Featured By Owner Jan 24, 2016  Hobbyist General Artist
Ahhh foyaland, I have loved your artwork for some time, and am so happy to have a chance now to look through your gallery. :heart: I adore the style you have developed through your watercolors, and your adorably unique characters. [: Keep up the beautiful work! :love:
Reply
Add a Comment: