Is it theft, fraud, or laziness?

For artisans and art-fans alike to post what they want to show off. May contain material for mature audiences.

Postby Makaze » Tue Sep 22, 2009 2:35 pm

So I've been in correspondence with an artist recently via FA over some work I've long since paid for, now before anyone gets on a high horse saying the usual lines of not having time etc etc, work etc etc. that shit i can understand if the one who took payment keeps in contact and gives honest updates.

But it has been a year and I keep getting excuses(I've found several other commissionies of this artist have the same issue) yet they have put up art from others, that seems to be from close knit groups in their irc channels in the recent weeks. So, what should I do? Approach them, knowing I'll be given some lame excuse more than likely. Hit paypal and make a charge for fraud? Though I'm not sure if that'll float, granted the art in question is not adult in nature. Or do I hope and pray for their sense of decency and fairness to show and get the money I invested in them back?

I'm not known for anger outside of TF2, but this is some ol' bullshit. I know one person on furnet has already mad a rather...well justified post on the commissioners/artists beware site on livejournal, not sure what good it'll do him, since 90% of the time people go with the artist.

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Postby Stormcaller3801 » Tue Sep 22, 2009 3:04 pm

I'd say sit down and express your concerns to this person, complete with dates of correspondence and all excuses given, and also point out the work that was done in these groups. I'd probably ask for periodic updates of some kind- scan the art once a week to show progress, that sort of thing that shows they're actively doing what you asked. Establish some set limits on things such as three weeks with no significant progress on the piece meaning a refund of payment and dissolution of the contract, with a hard time frame for repayment.

If they balk at any of this, I'd say request a refund of your money. If they balk at that, start making noise with full documentation of the conversations, dates, and their responses. No reinterpretation, post all emails in their original form. Make it clear you were reasonable and patient, and put the onus on them. It's easy to justify things if there's wiggle room, but faced with hard evidence it's going to be more difficult for anyone to justify this person's actions.

I've had to deal with the same problem- I ordered some minis from a guy and was told they'd be out the door. Then he said there was a death in the family. Then he said he thought they'd been sent but they weren't. Then he gave me a solid date- which was followed by another solid date, and another. Finally I pointed out all of the problems including his constant statements of "I shipped them today, they'll arrive on X" only to have the same message repeated on X date. I ended up getting my ships, but I also had prepared to air my grievances in his primary market (an online forum) if he didn't come through.

In the interest of full disclosure here: Many years ago, back when 56k modems were the norm and people dreamed of going off to college where they had those mythical T1 lines, I was commissioned to paint a lot of minis. I think the total value was around $320 or so, paid in advance. I made excuses, and came up with reasons why it wasn't done, and basically refused to own up to my obligations right up until the point where the guy who commissioned me asked that I just return him his stuff, regardless of how done it was. He was kind enough to simply request that I not make up excuses in the future, and be honest with him. I still feel like I owe him, but he continues to say that I don't. Of yet, I've convinced him to let me buy him a 6-pack of Diet Coke.
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