Protips4# : About contests and Speculative work

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! ), 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 

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 !

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 ! )

-"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...

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?