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Jamison Stone & Satine Phoenix's Apotheosis Studio To Wind Down [UPDATED]
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<blockquote data-quote="Snarf Zagyg" data-source="post: 8714735" data-attributes="member: 7023840"><p>While I am not entirely sure what all the response are to, here (although I have a sneaking suspicion that it's the "Servers in America don't deserve to be tipped" guy), I can glean enough to make it worthwhile to do a quick reminder on a few of these issues:</p><p></p><p>1. Contracts do not have to be written. At all. That's Law School 101 (or even the Paper Chase, for those who are really old). The vast majority of contracts, ones that we enter into all the time without thinking, are oral contracts. Other than a very few and limited exceptions (such as for the sale of land) there is never a requirement that a contract be in writing. Written contracts do have advantages- they can be more complicated (with more terms), they are easier in terms of evidence (there is a separate writing), etc. But it's not required. If you think oral contracts, partially written ("napkin deals") contracts, or even contract that are never reduced to writing can't be a big deal, look up the Texaco / Pennzoil case sometime. </p><p></p><p>2. A contract is never a guarantee that you won't be ripped off. Contracts are just agreements. Enforcing agreements costs money- a lot of money. Which means that contracts often just memorialize power differentials; the party with more power can demand the more favorable terms, and the party with more money can choose to litigate it or breach it. In some industries (such as real estate development) it is frustratingly common for developers to agree to a contract, and then simply refuse to pay the contracted-amount knowing that the cost of litigation will be too high for the people they have screwed. </p><p></p><p>3. The mislabeling of employees as independent contracts is a frustratingly common way of engaging in wage theft in the United States. The rise of the "gig economy" has also allowed a lot of businesses to incorrectly label their employees as independent contractors in order to save money on wages, benefits, and overtime- not to mention shifting the tax and regulatory burden on their employees. </p><p></p><p>4. All that said, many artists and creatives who do work for multiple entities are, in fact, independent contractors. It is entirely proper for a business to not pay when, for example, there is a failure to deliver. However, many independent contractors find that businesses will use their power (money) to leverage further concessions- either by delaying payment, or demanding a decrease in payment, simply because they know that the IC has no leverage and will not litigate. This is morally and ethically wrong.</p><p></p><p></p><p>Finally, to sum up (especially with regard to 4)- people exist in a community. The way you know that other people are unethical, slimy, or have dubious business practices is by telling each other about them. If a business is stiffing their ICs, let other people know- that way, they will know better that to deal with that business (and/or the business will be forced to start paying "up front" since they cannot be trusted).</p><p></p><p>In the end, act ethically and morally; treat others as you would have wanted to be treated. That tends to work out well.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 8714735, member: 7023840"] While I am not entirely sure what all the response are to, here (although I have a sneaking suspicion that it's the "Servers in America don't deserve to be tipped" guy), I can glean enough to make it worthwhile to do a quick reminder on a few of these issues: 1. Contracts do not have to be written. At all. That's Law School 101 (or even the Paper Chase, for those who are really old). The vast majority of contracts, ones that we enter into all the time without thinking, are oral contracts. Other than a very few and limited exceptions (such as for the sale of land) there is never a requirement that a contract be in writing. Written contracts do have advantages- they can be more complicated (with more terms), they are easier in terms of evidence (there is a separate writing), etc. But it's not required. If you think oral contracts, partially written ("napkin deals") contracts, or even contract that are never reduced to writing can't be a big deal, look up the Texaco / Pennzoil case sometime. 2. A contract is never a guarantee that you won't be ripped off. Contracts are just agreements. Enforcing agreements costs money- a lot of money. Which means that contracts often just memorialize power differentials; the party with more power can demand the more favorable terms, and the party with more money can choose to litigate it or breach it. In some industries (such as real estate development) it is frustratingly common for developers to agree to a contract, and then simply refuse to pay the contracted-amount knowing that the cost of litigation will be too high for the people they have screwed. 3. The mislabeling of employees as independent contracts is a frustratingly common way of engaging in wage theft in the United States. The rise of the "gig economy" has also allowed a lot of businesses to incorrectly label their employees as independent contractors in order to save money on wages, benefits, and overtime- not to mention shifting the tax and regulatory burden on their employees. 4. All that said, many artists and creatives who do work for multiple entities are, in fact, independent contractors. It is entirely proper for a business to not pay when, for example, there is a failure to deliver. However, many independent contractors find that businesses will use their power (money) to leverage further concessions- either by delaying payment, or demanding a decrease in payment, simply because they know that the IC has no leverage and will not litigate. This is morally and ethically wrong. Finally, to sum up (especially with regard to 4)- people exist in a community. The way you know that other people are unethical, slimy, or have dubious business practices is by telling each other about them. If a business is stiffing their ICs, let other people know- that way, they will know better that to deal with that business (and/or the business will be forced to start paying "up front" since they cannot be trusted). In the end, act ethically and morally; treat others as you would have wanted to be treated. That tends to work out well. [/QUOTE]
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Jamison Stone & Satine Phoenix's Apotheosis Studio To Wind Down [UPDATED]
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