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  • captain action and dr evil



    Back in June I was asked to colour the box art for 'soon to be released' retro-action dolls for these two characters from the 1960's - Captain Action and his arch-nemesis "Dr Evil"

    Well Art Thibert drew them , and I duly coloured them up (twice for the Captain Action figure) and then we heard... well a lot of excuses and mucking around wanting changes, which Art and I did, and then a lot more excuses and mucking around on backgrounds... and at the end of the day? No money.

    So I've emailed the people involved at least once a month since then and never received single reply, so now I decided that they're a lost cause and I'm posting these anyway. There were no contracts or exclusivity NDA's signed so I'm not breaking anything there. It was all a 'gentlemen's agreement' - but I guess Art T and I are the only gentlemen involved here. (so, sorry about the watermark this time)

    Backgrounds are what I initially visualised them to be. If these ever see the light of day and are actually made into a final product then those'll be a lot different.

    Pencils and inks = Art Thibert

    cheers
    Sean
    I colour stuff...

  • #2
    Well that's unfortunate, because as always you did a really good job.

    Let that be a lesson to all - a purely verbal agreement is only worth as much as the paper it's printed on. If someone's serious about employing you, they'll respect you by providing the appropriate paperwork.
    dA -=- wrote -=- ink'd -=- Flickr

    P.U.M.M.E.L. Stats 19-12 (11 Knock-outs)
    Former Champ, hungry for love.

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    • #3
      Nice job. Sorry to hear about your troubles. Never do anything without a contract!

      As a side note, I think all villains should wear flip flops.
      See my work on Game of Thrones seasons two, three and four blurays
      DeviantArt

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      • #4
        Something written should always be provided even if it just covers the basics. It won't ensure nothing goes bad, but may help in case it does. I always provide them for artists and writers I've worked with, though in a few strange cases the thought of putting their names to a contract has caused a few creators to flake. But yeah, if you're looking to hire always provide for it, and if you're getting hired always ask for it, would be my advice.
        Now onto the pictures.

        Originally posted by anonymous
        That's an awesome Mr. Evil.
        It's Dr. Evil. He didn't spend four years in evil medical school to be called Mr.

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        • #5
          4th December 2008

          Well whattya know? - they paid up! I got the check today. (yay) It's a shame that it came down to posting the pictures on the internet like this and some rather terse emails back and forth, but at least its resolved and all's well that ends well as they say.

          cheers
          Sean
          I colour stuff...

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          • #6
            It's good it got worked out for you Sean. Sorry you had to go through the trouble.

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            • #7
              Great colors! The shadows on the floor are a little obscure and make both characters look a bit like floating, but other than that great work and glad to hear it all worked out for you in the end It's true that a contract is always a good idea, I've done plenty of jobs with only a verbal agreement though and never ran into any trouble (sometimes the payment was even more on time than my work ) Not that I would advise this to anyone though, just felt like noting one might as well be lucky (and there was always personal contact involved, not just via email or phone, guess that plays some role as well).

              Regards,
              Sven

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              • #8
                Originally posted by dfbovey View Post
                Never do anything without a contract!
                It is a common misconception that if you don't have a piece of paper with a signature on it, you don't have a contract.

                A verbal contract is just as valid under US law as a written one. Sean had a contract with his client regardless of the means used to negotiate the contract.

                All that is legally required to form a contract is offer and acceptance. This can all happen verbally and it is perfectly valid. The moment you offer me something in exchange for something else and I accept, even verbally, a legal contract is formed.

                A written contract is merely a formality which is easier to uphold in court, but you can take someone to trial for breaching a verbal contract just as well.

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                • #9
                  Same over here, but it's of little to no use since when trouble strikes, there ain't no friggin way to prove what the both of you agreed on. Or as Chris put it so nicely

                  a purely verbal agreement is only worth as much as the paper it's printed on
                  Oh, and to not be completely off topic...now that I look at these marvelous pieces of artwork again, I notice the pink deathray looks a little, uh, gay

                  Regards,
                  Sven

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                  • #10
                    that's why you keep ALL the emails that deal with the agreement. I used this against them when they quibbled over the total amount in this case. I could just email them their exact words when they argued.

                    As to US law - well try using that when you live in another country on the far side of the world (in this instance I'm in Australia) It's not going to happen.

                    That's why I never take on back-end deals that offer me a percentage of the so-called profits if/when a comic is picked up, somewhere, by someone, maybe sometime in the future... yeah right! How much of those 'profits' do you think I'm going to see? My 25%???... I don't think so, and besides, 25% of how much in total as I would only have the other parties say-so on that.

                    My rule is - you pay me and I clear the money BEFORE I send you the final full size high res coloured file, and I don't give a damm about your deadlines, or money flow hassles or whatever. (I still have a Dabelbrothers picture sitting here on the HDD as they never paid up and just demanded the file upfront. It's waiting for whenever they want it! Just cough up the (lots of) pennies!)

                    cheers
                    Sean
                    I colour stuff...

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                    • #11
                      Do I detect a little bitterness in your tone, Sean?

                      I hope this never happens to you again, I worked as a freelancer for a long time and there ain't nothing worse than clients that refuse to pay.

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                      • #12
                        not necessarily bitter, just realistic

                        I must get 3 - 4 emails a week (especially just after a con) with people wanting me to colour their comic book for an undisclosed total sum, in the nebulous undefined future.

                        Then if they do offer to pay and ask rates I get them whining that the amount is too high, and they don't have that sort of cash, blah blah... I should be happy *they* are doing *me* a favour by allowing me to colour their work, its all good exposure...yadda yadda... and I'll tell you now, I don't consider myself to anywhere near the top end of the colouring scale having discussed rates many times with working pros in the industry, so that's not an excuse. I refuse to waste my limited colouring time (after work and weekends) colouring people's stuff if I can get more for it flipping burgers at Maccas. At the end of the day if that means letting a paid gig go, then fine. It's not like I desperately need the money as I have a well paid permanent day job as a high school teacher (social studies and geog if you're wondering, not art as everyone supposes) and colouring is just a nice little side earner for me. (and I don't even have to declare it on tax as it's annually well below the Australian tax-free threshold amount! Neat huh!)

                        If you do accept my rates then you can be assured that you *will* get my full committment to the job and you *will* get the best job I can do, no matter what, and I *will* deliver on or before the time I say that I will and if not, I have a damm good reason for it. I treat every picture the same as if I'm doing it for absolute assured publication, even if it never sees the light of day beyond a net gallery somewhere.

                        As for chasing people up under US law, well things are a lot more limited for people in that regard if they a) aren't US-ians and b) live outside the US!

                        /end rant

                        cheers
                        Sean

                        I colour stuff...

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