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I hoped that I'd never have to post here but I really don't know how to deal with. I've had my share of difficult commissioners but never have I had a trade gone so sour.

Oct 5, 2009: I sent a note inquiring about a trade with JamJams on DA
Oct 8, 2009:  We talk on AIM and finalize the the details of the trade. She'd make me the plush and I would draw her art in return.

Sept. 23, 2010: JamJams leaves me the following shout on my FA page
 JamJams <input ... >
 Posted 2 months ago
 
No no you don't have to do anything for me in return, I feel bad for taking so long. :/ I am also doing a sculpture for you. ^^

Nov 14, 2010: JamJams sends me the following note on DA
I just wanted to let you know your plush will be down in the next few days. I am working on the head and painting the eyes. Sorry its taken so long. :( I feel bad about it, so I thought I would throw in a surprise too. Also, did you still want to do the con badges for me and Etoh as our trade was for?

My reply:
We originally agreed upon art for two plushies, one for me and one for my boyfriend. That aside, your last comment to me on FA indicated that I didn't have to work on something for the trade so I considered the issue closed. I sincerely apologize but as of right now, I have to take finals for college soon- my time for art is limited and new artwork is undertaken at my discretion. I would appreciate if this could be resumed at a more convenient time. Thanks!

Her reply:
I have your ref and yours alone, did you send me one for your boyfriends? Then I will finish it and let it sit then. Thanks. :D

Nov 29, 2010: JamJames sends me the following note on DA
Well I finished the Fell plush.

[link]
[link]
[link]
[link]
[link]
[link]
[link]
[link]

Now we can either continue on with our trade or you buy this from me because its pretty shitty that I had to shed out extra money and you refuse to either do your half, or I could just sell this to make up the cost of the fabric and special ordering fabric and eyes.
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What can I do? :/

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EDIT: November 29, 2010
JamJams sends me the following note on DA
I wanted to apologize I am more than happier to give it to you for free, but my husband is the one that told me to ask you to pay for it. I do feel sorry how the notes went down especially since I have known you for quite sometime. You can just have it, I don't mind because I don't want to resell someone's character because that's just note right. If you give me your address I can mail her to you and you won't hear from me again.
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I accepted her apology and we have communicated a resolution to the issue.

Thanks so much for everyone's time and comments. I'm hoping that this case is resolved. 

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Comments

( 47 comments — Leave a comment )
growly
Nov. 30th, 2010 02:33 am (UTC)
Well, since she told you you didn't have to make anything for her, I'd just show her a screencap of her saying that and remind her how long it's been. If you want to be nice and like the plush she made for you, you can finish your half of the trade at your leisure or buy it from her, but if you don't like the plush or don't want it anymore, you are certainly not obligated to. I'm a little taken aback by the brusqueness of that last reply.
I don't think you did anything wrong here. She shouldn't have made promises she wasn't willing to keep.
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(no subject) - kayla_la - Nov. 30th, 2010 02:41 am (UTC) - Expand
(no subject) - oceandezignz - Nov. 30th, 2010 02:42 am (UTC) - Expand
(no subject) - roadkillonrt3 - Nov. 30th, 2010 02:46 am (UTC) - Expand
(no subject) - kayla_la - Nov. 30th, 2010 02:48 am (UTC) - Expand
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(no subject) - kayla_la - Nov. 30th, 2010 02:50 am (UTC) - Expand
roadkillonrt3
Nov. 30th, 2010 02:35 am (UTC)
not sure what to do, but the thing looks ehhhh, kinda scary. maybe just say you have no interest in going through with the trade anymore. doesnt look like that plush was too costly to make. havent people had problems with her before? i think i remember drama between people and her and her current boyfriend or husband, w/e.

hope to see you and sidi over break if youre around!
roadkillonrt3
Nov. 30th, 2010 03:08 am (UTC)
i would do what bladespark is suggesting, offer her a badge or drawing for the plush. you both will get something out of it and it will resolve the matter peacefully and without any hard feelings!
bladespark
Nov. 30th, 2010 02:36 am (UTC)
Well, given this artist said you didn't have to, then you don't have to. An artist shouldn't say something like that unless they mean it.

However in your case I would still go ahead and do something. Honestly a pair of badges for a plush? That's a somewhat lopsided trade already. A plush has a high materials cost and a very lengthy labor time, where a badge costs little to make and can be done quite quickly. Just whip out something quick and simple and then you can feel completely done with this and not have guilt or the plush maker harassing you about it.

(Edited to add, I know some people have said the plush looks like crap. But this isn't about the skill levels involved. In fact I believe the community rules forbid commenting on art quality. We haven't been given examples of the OPs art at all, thus I can't even judge how they compare in any case, so I'm going entirely on labor time here. Even an amateur plush still takes time to make.)

Edited at 2010-11-30 02:39 am (UTC)
kayla_la
Nov. 30th, 2010 02:46 am (UTC)
Yes, it's pretty rude. We're not here to snark on stuff because you think it 'looks bad'. There are other communities for that. So it's very much against the rules.
sunhawk
Nov. 30th, 2010 03:03 am (UTC)
Wouldn't it depend on the kind of badge? Some people make these awesome, intricate badges and/or use expensive materials, and some plushes are made from cheap materials in a quick-and-dirty fashion, so I think we'd have to get the two exact examples from each artist before we could say one was "worth" more than the other.
(no subject) - bladespark - Nov. 30th, 2010 03:09 am (UTC) - Expand
(no subject) - sunhawk - Nov. 30th, 2010 03:35 am (UTC) - Expand
(no subject) - bladespark - Nov. 30th, 2010 03:53 am (UTC) - Expand
(no subject) - sunhawk - Nov. 30th, 2010 04:00 am (UTC) - Expand
(no subject) - bladespark - Nov. 30th, 2010 04:04 am (UTC) - Expand
(no subject) - sunhawk - Nov. 30th, 2010 04:11 am (UTC) - Expand
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(no subject) - sunhawk - Nov. 30th, 2010 05:47 am (UTC) - Expand
(no subject) - breakspire - Nov. 30th, 2010 03:36 am (UTC) - Expand
(no subject) - bladespark - Nov. 30th, 2010 03:39 am (UTC) - Expand
(no subject) - obsidianwolfess - Nov. 30th, 2010 04:30 am (UTC) - Expand
(no subject) - jamjams - Nov. 30th, 2010 05:01 am (UTC) - Expand
(no subject) - breakspire - Nov. 30th, 2010 05:04 am (UTC) - Expand
(no subject) - bladespark - Nov. 30th, 2010 05:44 am (UTC) - Expand
(no subject) - bladespark - Nov. 30th, 2010 05:43 am (UTC) - Expand
purpule
Nov. 30th, 2010 03:32 am (UTC)
mmm...

Well, personally I think you should do your half of the trade since you did agree on a trade in the first place and she kept her end of the bargain.

I know she said that you didn't have to do it - but then again, I know that a lot of artists in trades say that and they don't actually mean it. Should they say stuff they don't mean? No they shouldn't, but it's almost always fishing for a "oh no, don't worry about being late, I'm working on yours right now!" or something along those lines.

It's completely and utterly disingenuous, certainly, because I don't think she ever, ever meant that you didn't have to do your half and that this was free of charge and free of trade - but she just said it to get you to maybe pander to her or go "ooh no, it's okay, don't worry about it!".


So basically, no, you don't have to do your half of the trade at ALL. Especially if you have a screen-cap, you're well within your rights to just ask for the plush and not do anything in return since, disingenuous or not, that's what she proposed.

However, I think you possibly should do it. Not right now if you're swamped with work, but you DID agree on a trade in the first place. Really, what should have been said was, if you were too busy, "don't worry about being too late, we should probably cancel the trade entirely" - because now that she's done the work for you, she can hold it over you in a guilt-trippy manner, which could have been avoided with a clear cancelling of the trade before any work was started on either side.
celestinaketzia
Nov. 30th, 2010 03:43 am (UTC)
Wow, that last reply from her is terrible. I'd remind her of what she told you back when, and then do the badges when you can out of good will.

I swear, this Jamjams person is getting a number of posts here...
ichigoneko33
Nov. 30th, 2010 03:53 am (UTC)
Ya, I've noticed that too. Been about three or so by now, from what I remember. They seem like a nice person, but a bit argumentative.
(no subject) - bladespark - Nov. 30th, 2010 03:54 am (UTC) - Expand
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(no subject) - tobekiyoshi - Nov. 30th, 2010 05:46 pm (UTC) - Expand
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(no subject) - keaalu - Dec. 1st, 2010 01:51 pm (UTC) - Expand
(no subject) - frazzled_niya - Nov. 30th, 2010 08:01 am (UTC) - Expand
obsidianwolfess
Nov. 30th, 2010 04:35 am (UTC)
If she told you that you are no longer required to complete your half of the trade, then you aren't contractually obligated. Right now, it sounds like she's throwing a bit of a temper tantrum.

As for her saying "pay me or I'll sell it" ... Well, good luck with that. Fell is a very specifically designed character. It's not like it's a generic black wolf or anything. I doubt she'd have much luck selling it. Still, I know you'd rather have it in your hands than the hands of someone else.

(PS - Just gonna suggest to post screen caps of the actual notes, so that there's no "he said, she said" going on. People like screen caps. :3)
anjel_kitty
Nov. 30th, 2010 04:47 am (UTC)
Looks like she kind of fouled up offering it to you for free. You certainly aren't obligated to finish the trade, but were I you, I'd feel a bit guilty getting a free plush and do nothing in return. I wouldn't say sending her money to cover shipping would be unfair though, since she is eating all the costs of materials and it would be a show of good faith on your part to at least compensate her for the shipping.
Also just let her know you're in a busy time, and the semester is about to end. Then if you are up to it you can finish the trade. her reply was indeed kind of abrupt but obviously she was feeling the pressure of her husband to recieve monetary compensation.
tobekiyoshi
Nov. 30th, 2010 05:40 pm (UTC)
I'm writing a reply hoping I don't accidently break any rules. XD PERSONALLY, this is how I feel about this...

1. The trade was set, details were ironed out, you just went in to a contract/agreement of sorts, so the 'lopsided trade' comments are null in void. If both artists agree to these terms, then its set. Unless one of them is secretly a five year old who doesn't understand a contract ( a joke, not calling anyone a child here ).

2. A screenshot of this agreement would have been awesome, because at first I thought the OP said, " A plushie for a badge " and then a couple lines down it turned in to " Two Plushies for Two Badges ". Maybe I'm just confused, but it seems fishy to not state that detail straight out. So when JamJams says she only had your reference sheet, made me think, maybe the OP is mistaken, not only did the OP not bring it up in the beginning, but JamJams didn't have the other refs. Small detail. But to me, it looks fishy.

3. When JamJams says, " No, you don't have to do anything for me. " She just sort of broke the contract, on her behalf. Whether most people consider her saying that to be nice, or because she really meant it *shrugs*. I think she said it, so she meant it.

4. Personally, I don't care if she said she didn't want anything, If I went in to a trade with someone, I expect them to take a long time, because Trades are not paid work, and if they have paid work to deal with, Trades are in their own time. If they finish their half, then I'd finish mine.

5. OP bringing up her Husband in this situation, is really awkward, and almost pointing fingers to shift blame. It's not professional, and again, looks fishy.

Personally, I would not small talk anymore. Answer the questions, give the address, nod, and smile. If they showed up to my house, I'd make her something in return, like the trade we originally agreed on.

Honestly, to me, it feels like the OP lost absolutely nothing out of this deal. I know JamJams doesn't have the best track record, but she definitely got the short end of the stick. The bad lighting, and now a trade that turned in to a request piece. That's my opinion, sorry. *shrugs*
tobekiyoshi
Nov. 30th, 2010 05:43 pm (UTC)
Correction

"5. OP bringing up her Husband in this situation " I meant to say "5. JamJams bringing up her Husband in this situation "

I'm sorry, this is the first time psoting using this "lingo" =D Forgive me.
(no subject) - kayla_la - Nov. 30th, 2010 06:39 pm (UTC) - Expand
(no subject) - kayla_la - Nov. 30th, 2010 06:41 pm (UTC) - Expand
( 47 comments — Leave a comment )

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