What to do about a publisher not paying?

[Eytan Bernstein]

For those interested, part of EN World II, due later this year, will include a large freelancer/publisher matchup system. Like eBay, use of it will form a contract and, like eBay, feedback will form a large part of the system.

That's an incredible idea! It's tough for freelancers to get their next gig even if they are reasonably successful, so this would benefit people at all levels. Sometimes it's awkward to send a query to a publisher you've never talked to. It can also be hard to scout around for a project that pays a rate that matches your experience level. This would be an excellent way for publishers and freelancers to communicate and coordinate.

 

[Morrus]

That's an incredible idea! It's tough for freelancers to get their next gig even if they are reasonably successful, so this would benefit people at all levels. Sometimes it's awkward to send a query to a publisher you've never talked to. It can also be hard to scout around for a project that pays a rate that matches your experience level. This would be an excellent way for publishers and freelancers to communicate and coordinate.

Glad you like it! The basic idea is this:

Publishers and freelancers have their own profiles and feedback scores/comments. A freelancer's profile shows all the work he or she has done, forming an automatic "portfolio".

Publishers post jobs, filling in fields for all details of the job, and an expiry date. Interested freelancers, with a single button click, "apply" for the job (just like bidding on eBay).

When the time limit set by the publisher expires, they review the profiles of the freelancers who have applied, and pick one. The system tells the successful freelancer that he has been chosen, and tells the others that they have not.

At this point, a valid contract is created. Both parties are bound by it.

Both publisher and freelancer are able to leave feedback for the other, which becomes part of their permanent profile.

So - freelancers who are habitually late, publishers who are unreliable at paying up, freelancers who drop out a lot, and so on, can't hide the fact. The likelihood, of course, is that they'll be worried about their feedback scores, and so won't do these things.

 

[Bardsandsages]

Glad you like it! The basic idea is this:

Publishers and freelancers have their own profiles and feedback scores/comments. A freelancer's profile shows all the work he or she has done, forming an automatic "portfolio".

Publishers post jobs, filling in fields for all details of the job, and an expiry date. Interested freelancers, with a single button click, "apply" for the job (just like bidding on eBay).

When the time limit set by the publisher expires, they review the profiles of the freelancers who have applied, and pick one. The system tells the successful freelancer that he has been chosen, and tells the others that they have not.

At this point, a valid contract is created. Both parties are bound by it.

Both publisher and freelancer are able to leave feedback for the other, which becomes part of their permanent profile.

So - freelancers who are habitually late, publishers who are unreliable at paying up, freelancers who drop out a lot, and so on, can't hide the fact. The likelihood, of course, is that they'll be worried about their feedback scores, and so won't do these things.

Would publishers be required to pick an applicant? What if you don't get any qualified applicants, or get a MORE qualified applicant from another outlet?

I'm assuming the contract is highly customizable to accomodate different payment methods (per word, flat rate, commission, etc, etc,)

Will it be possible to leave "reviews" for services rendered outside the system? i.e. If a freelancer I worked with in the past is in your system, can I post a review giving him/her a rating? Particularly when the system is brand new, this might be a way to generate scores to give people something to actually work with. (to all I have worked with in the past...don't worry, I love you all!)

 

[PatrickLawinger]

A number of freelancers have "gotten the shaft" over the years and usually the names of the publishers in question only come out in private conversations among artists and writers.

Over the past 4 years I am owed almost $5,000 from a variety different publishers, several out of business and a few somehow continuing on (without paying me). Turning something over to an attorney for collections can work sometimes (as someone said above, they'll usually charge 20-30 %). If you don't get anything from it, a few letters from your lawyer can pretty much ruin a company's credit rating-only something that hurts larger folks that actually do print runs, etc. on credit. If the publisher is small and "shoe string" it won't have much effect.

Really, most won't "go public" as sometimes the publisher is having real problems (personal or otherwise) and is really trying. I did get a lawyer involved when one publisher went belly-up and then, promptly, tried to open a new company. It did put a quick end to the new company, but it is a sign that there are some unsavory types you can run into.

You have to remember, if you are very loud and public about disagreements with a publisher, no matter how well deserved, there is a good chance other publishers might not want to work with you.

Patrick (one of those Necromancer Games' guys ...)

 

[Morrus]

Would publishers be required to pick an applicant? What if you don't get any qualified applicants, or get a MORE qualified applicant from another outlet?

Nope. If none are suitable, the publisher doesn't have to choose one.

I'm assuming the contract is highly customizable to accomodate different payment methods (per word, flat rate, commission, etc, etc,)

Absolutely. When setting up the job, the publisher enters quite a lot of details.

Will it be possible to leave "reviews" for services rendered outside the system? i.e. If a freelancer I worked with in the past is in your system, can I post a review giving him/her a rating? Particularly when the system is brand new, this might be a way to generate scores to give people something to actually work with. (to all I have worked with in the past...don't worry, I love you all!)

I haven't decided. That does make it easy for people to slur others with a vendetta; if it's limited to only actual working relationships created within the system, at least we know they're all genuine. But, like I say, I haven't decided yet.

 

[Ghostwind]

Send a message to Ghostwind asking for advice and continue to keep it a private matter.

I assume this is because of my vast experience over getting shafted through the years (Yes, Patrick's not the only one who has been burned).

 

[Mark Plemmons]

Now that would be interesting, listening to a publisher simultaneously claim to a judge "I've never heard of this person" and "they violated our confidentiality contract".

You are otherwise correct, of course. But the arguement could be made the contract is evidence in a larger copyright dispute, and the claimaint is merely presenting evidence of the claim. And you could always block out the confidential portions.

Sure, you could make that claim in court, and I imagine the contract would definitely have to be presented there. But I still say posting any excerpt from a confidential contract would be a bad idea.

Fortunately, my boss is a contract lawyer, so if a problem comes up, I can just ask him.

 

[Samurai]

Nope. If none are suitable, the publisher doesn't have to choose one.



Absolutely. When setting up the job, the publisher enters quite a lot of details.



I haven't decided. That does make it easy for people to slur others with a vendetta; if it's limited to only actual working relationships created within the system, at least we know they're all genuine. But, like I say, I haven't decided yet.

This is a great idea.

For past work or any other work not initially generated through the system, I'd suggest the following: The publisher or artist can voluntarily submit a review, and the receiver can choose to have it posted or not. Now, that would pretty much rule out any negative feedback from being posted, but if several publishers have taken the time to post positive reviews for past work by an artist, or lots of artists have positive things to say about a company, it at least shows that good working relationships have been established in the past.

This might help create a feeling of "no feedback = be cautious", the same way 0 feedback works on Ebay.

 

[Mark CMG]

I assume this is because of my vast experience over getting shafted through the years (Yes, Patrick's not the only one who has been burned).

And being one who knows both sides of the business, of course. As well as being a respected, well-known member of the industry. I believe you have had some good results in getting your due, too, yes?

 

[2WS-Steve]

And being one who knows both sides of the business, of course. As well as being a respected, well-known member of the industry. I believe you have had some good results in getting your due, too, yes?

Have to say, Mark, only in the RPG biz would be getting paid what you're actually owed be considered a good result!


Morrus's freelancer/publisher matchup system sounds like a terrific addition to the site and something that could be quite valuable. Even a little bit of accountability goes a long ways toward getting people to behave--and would help publishers too. Merely having a central clearing house for gaming artists would have been a big help back in the day for me.