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My thought on Free Art, is that it is not really owed to you. If at any point the artist says 'screw it', they kinda have that right, since they are not being paid.

However, this has come into conflict with the situation I have found.
If anyone here is a follower of Penny Inn on FA, they would occationally run contests. In these contests, an artist would offer up some form of art work and Penny Inn would run a contest for people to try to win.

Back in 2010, I entered a contest, in which there would be 3 winners, each recieving a bust shot picture from the offering artist. However, it has been nearing a year now, and there is nothing to show for this contest.

The thing is, I do not know how to procede with this, because as I said, it is free art. However, I don't know if offering through a third party contest changes that or not.


So, I took the time to send a quick message, and as it turns out, they had them saved, just not uploaded.

Thanks goes to everone who posted here, for offering advice. :)
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Comments

( 11 comments — Leave a comment )
loganberrybunny
Jul. 17th, 2011 06:55 pm (UTC)
I have no experience of Penny Inn whatsoever so don't know anything about their T&Cs, but on the general point my feeling here is that contests are a little bit different from free art done simply as a favour, and that if someone runs a contest they are making something of a commitment, even if no money is involved.

After all, if I enter a free prize draw in the newspaper run by (let's say) Coca-Cola to win a year's supply of the stuff, it's not okay for Coke to turn round later on and say, "Actually we've decided not to give out any prizes" just because I didn't pay. (Admittedly the small print will have all sorts of exclusions, so legally Coke would be safe, but it wouldn't exactly be good PR.)
chronidu
Jul. 17th, 2011 06:55 pm (UTC)
Honestly if you're promising someone a prize when holding a raffle, even a free raffle, I would consider that pretty much putting yourself into a contract to finish what you've promised.

Just because it's free doesn't mean it's not shitty to not do it when you've gotten peoples hopes up by promising something.

I don't think a note along the lines of "Hey! This is so-and-so and I won the art raffle/contest/etc a year back. I hadn't heard from you in a long time and was wondering if you were still going to do it? Thanks in advanced for your time!" would be too out of line.
kerstin_orion
Jul. 17th, 2011 08:04 pm (UTC)
I agree, sending a polite note shouldn't be seen as too pushy or anything, especially if you haven't heard from them about it at all.
celarania
Jul. 17th, 2011 07:47 pm (UTC)
What I would say is that if you had to do anything for the contest - pay for an entry, draw a picture, write a poem, whatever, then it is a paid contract and if they were to cancel they would need to refund everyone their investment back. If it was free - just toss your name in a hat, I'd say it's easy come, easy go.

Basically, I'd see the contest as entering into a contract with a group of people. If you sign up, you're giving them x in exchange for a chance at y. If there is no chance at y (because they cancelled or whatever) then they have to return x to everyone, or otherwise make everyone square. If you gave up nothing for the contest, then there's nothing to refund to make people whole again, so it is basically the same as any free art contract. You've lost nothing by being in the contract, the fact that it's a contest is irrelevant.
spiffystuff
Jul. 17th, 2011 08:10 pm (UTC)
What I would say is that if you had to do anything for the contest - pay for an entry, draw a picture, write a poem, whatever, then it is a paid contract and if they were to cancel they would need to refund everyone their investment back. If it was free - just toss your name in a hat, I'd say it's easy come, easy go.

Yes this is what I think too.
To elaborate a little more - if it was money involved, like some kind of raffle, EVERYONE should be refunded (not just the winners).
If it was something where the contestants did something other than pay money - art or writing or whatever - and for whatever reason the contest holder absolutely CAN'T produce the prizes, then they should pay the winners the equivalent amount of the prize (ie, if the prize was a custom character pinup, then pay whatever the artist usually charges for such commissions).

Edited at 2011-07-17 08:12 pm (UTC)
fuzibuni
Jul. 17th, 2011 08:36 pm (UTC)
I agree with this, I just couldn't explain it as well as you did! lol! I know I would personally be a little irked if I entered a contest with an art entry, won, but got nothing. Basically the person holding the contest is getting art for free in that case.
poizenkat
Jul. 18th, 2011 01:32 am (UTC)
well see if anyone from Penny Inn paid for it, perhaps? i know sportypup buys commissions from other people and auctions them off. Idk how Penny Inn works of course, but you could check.

otherwise, if you just ask politely then i think it should be fine!
millislim
Jul. 18th, 2011 08:11 am (UTC)
tough one...
I would say if you hold a contest you are somewhat obligated to complete your prizes...HOWEVER...free art is a gift from the artist. While I feel it would be bad form to cancel prizes I don't think it's breaking any rules or ripping people off unless the contestants did something for the contest...In that case I agree with everything mentioned above.

If nothing was done to enter the contest I would be a bit hesitant to poke the artist unless they held another contest before finishing the winners' prizes.

celestinaketzia
Jul. 18th, 2011 12:17 pm (UTC)
If you did something for this work, then you have paid- with your time. Your time is just as valuable as any one else's. In that sense, no, it is not "free art", and if they cannot deliver, then they should pay for your services.
grygon
Jul. 18th, 2011 09:01 pm (UTC)
My thought on Free Art, is that it is not really owed to you. If at any point the artist says 'screw it', they kinda have that right, since they are not being paid.

THANK YOU! Seriously. Wish I had had these words back when I was bashed here over free art that was "promised" but not paid for lol. Now a days I include a little disclaimer that I am not promising to do anything and I hold the rights to choose or not choose to do anyone. I mean, seriously.

As for contests... that is a different matter I think. :( You WON it, and a contest is a promise as you DID something to win it, right? Have you tried contacting Penny Inn and the artist at all?
neolucky
Jul. 18th, 2011 11:24 pm (UTC)
My view on this is a little skewed, considering I have been in the spot of "Artist having to cancel a kiriban picture".

I totally think a contest should certainly have the prizes be fulfilled, free or not. But when it comes to quick sketches, freebies, or gift art...not so much.

Unfortunately I had to stop Kiribans long ago because of one specific guy continuing to harass me (YEARS later!) for a kiriban after he'd just won 5-6 from other artists, not to mention there were multiple winners at the time so it seemed kind of hard to choose who to draw for. I was fed up with his "gimmegimme" attitude and cancelled, and apologized. Then he continued to come at me with "Ill MAKE you give me art!" and what not, then sent friends after me as well. Argh. It made me lose all interest in doing kiriban/freebie/watcher gifts because of his entitled attitude.

( 11 comments — Leave a comment )

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