Samurai
Adventurer
I wasn't sure if this thread was best suited for the art forum or the publisher forum, but here goes....
I'm a freelance artist, have been for many years. Until recently, every company I worked for paid me what they owed me. Sometimes the payments were very fast, other times they took a while, but no one flat out refused to pay for work that was received and approved.
But recently it has happened to me twice. The first time, after well over a year of stalling and "you're next on the list to be paid, honest!" and "the check's in the mail!", I finally accepted a bunch of books from the company in lieu of payment. (They were a larger publisher with a fairly broad selection of books I was at least somewhat interested in and didn't already own).
Now, the second time, the situation isn't as hopeful. It has been over 9 months since the work was received and accepted by the publisher. The contract stated that payment would be made within 90 days of publication or within 7 months, whichever came first. I was patient for 6 months, then began writing the company emails. At first I got no responses. So I contacted everyone I knew at the company (3 people in all). Every one of them no longer works there. I kept writing, and finally got a few responses that said they'd never heard of me, and that the art I did was credited to another person's name. Well, I think I got that straightened out, but now we're back to the same stalling tactics I encountered for so long with the other company... "We'll send payment by so and so date!" (They don't), and then no responses to email after email.
This publisher is a member here, so I'm hoping he sees this. Private emails and such are getting no response at all, so I felt I had no choice but to go public, though I'm not going to reveal the publisher's name at this point.
My question for the artists and publishers here is, what do you suggest I do? Small Claims court? The amount isn't huge, and my time is limited, so that'd be an absolute last resort IMO. Just keep emailing despite the lack of responses most of the time? I plan to, but it hasn't worked yet, and shows little sign that it will. Public warning to fellow creators not to work with that company? If it worked. the company would fold and I'd never get paid, though at least a few other people might not get taken for a ride. What do you all think?
I'm a freelance artist, have been for many years. Until recently, every company I worked for paid me what they owed me. Sometimes the payments were very fast, other times they took a while, but no one flat out refused to pay for work that was received and approved.
But recently it has happened to me twice. The first time, after well over a year of stalling and "you're next on the list to be paid, honest!" and "the check's in the mail!", I finally accepted a bunch of books from the company in lieu of payment. (They were a larger publisher with a fairly broad selection of books I was at least somewhat interested in and didn't already own).
Now, the second time, the situation isn't as hopeful. It has been over 9 months since the work was received and accepted by the publisher. The contract stated that payment would be made within 90 days of publication or within 7 months, whichever came first. I was patient for 6 months, then began writing the company emails. At first I got no responses. So I contacted everyone I knew at the company (3 people in all). Every one of them no longer works there. I kept writing, and finally got a few responses that said they'd never heard of me, and that the art I did was credited to another person's name. Well, I think I got that straightened out, but now we're back to the same stalling tactics I encountered for so long with the other company... "We'll send payment by so and so date!" (They don't), and then no responses to email after email.
This publisher is a member here, so I'm hoping he sees this. Private emails and such are getting no response at all, so I felt I had no choice but to go public, though I'm not going to reveal the publisher's name at this point.
My question for the artists and publishers here is, what do you suggest I do? Small Claims court? The amount isn't huge, and my time is limited, so that'd be an absolute last resort IMO. Just keep emailing despite the lack of responses most of the time? I plan to, but it hasn't worked yet, and shows little sign that it will. Public warning to fellow creators not to work with that company? If it worked. the company would fold and I'd never get paid, though at least a few other people might not get taken for a ride. What do you all think?
