(no subject)

[tigrr-wildcat.livejournal.com]

Hi all,

I was wondering if I could get some insight on a problem I’m having. I’m wondering what I should do regarding two commissions with the same person called “Daemon”. There’s a little backstory here, so I’ll try to sum it up quickly.

Last year I was at the Caine convention (a White Wolf Larp con) and I had placed two auctions up for bid in the charity auction. The first was a werewolf sculpture which sold quickly, the second was to do a free custom sculpture of a person’s character to the winning bidder. I say “free” as the people bid and the winners bids goes to a local charity. (they raised 5k+ that year) Before the custom sculpture auction I had stated what the winner would get (size, painted, etc) and stated what I would need from them. I had expected the werewolf players to bid as they were a large size that year, but a vampire player named Daemon ended up winning. No problem there though, I'm better at animals but I can do humans. To him I stated that I would need at least 1 large full sized photo and at least one close-up of his face and any specific details he wanted. This is where the problem begins.

A while after starting the sculpture, he had commissioned me to do a colored pencil drawing of himself as well. I had received a small full-length photo of himself and was still waiting for the close-up photo of him, so I had agreed since I was assuming he’d send me more photos shortly. To this day despite multiple emails specifically requesting larger photos and a close-up, he has continued to avoid the question. It’s very difficult to sculpt a person accurately from a miniscule photo, let alone draw him.

Actual sized photo he sent, not edited

Also, after accepting the colored pencil drawing, in one of his replies (still ignoring the sending of a close-up), he mentioned that he was going to possibly use the drawing for his next book cover. (I didn’t know there was a first, but he released one last month or so, he gave me the link) That annoyed me. Had I known he wanted the drawing for a book cover, I would not have charged him what I had. (I suppose he knew that though…sneaky) and would have said I wouldn’t do it without a close-up for accuracy. (I’m not going to draw shoddy work for someone ever, let alone for a book cover) I keep telling him that there is no way I can accurately draw a large drawing of him from the picture he sent me and he still ignores the requests for a close-up. I’ve been having trouble casting the sculpt and have apologized to him for taking so long. (apologies also to anyone that has commissioned me and I took longer than I should have) Some time ago I had even mentioned that I’d give him some of his money back (out of my pocket) as an apology for such a long wait, but he didn’t even respond to that either.

I don’t know, I’m at the point that I just want to finish the sculpture and send him his money back for the drawing and tell him he’ll have to find someone else. (he immediately paypal-ed it to me when I initially said yes) Does anyone have any suggestions on this? All comments are welcome, even ones telling me I’m an idiot for getting myself in this mess. :P Thanks guys.

-Tigrr Wildcat-

Comments

[xodiac.livejournal.com]

Well, in a way, you can claim that HE broke twhatever contract was in place. You stated ahead of time what you would need in order to do the work, and he didn't give it to you. If you fail to do the piece correctly - or at all - you can point at that statement, and your multiple requests afterwards for the information. If he gets upset at poor quality or non-delivery, then just shrug and tell him, truthfully, it's his own fault.

Also, while I don't know the legalities, I'd guess that using a picture you sold him for a purpose other than that which you sold it to him - say, a commission as a bookcover - you could demand greater money or a cease and desist, as he is breaking copyright. You gave him the rights to use it for X Y and Z, and he's using it for A and B which would demand higher prices.

[tigrr-wildcat.livejournal.com]

Very true, he did technically break the original contract of what I stated. Yep, if he doesn't like the result, I had warned him. ;) I also don't know the legalities per say, but I would have demanding greater money originally had I known what his plans had been for it. ;)

Thanks for replying!
-Tigrr Wildcat-