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How not to get scammed (maybe) by Thaily

This is a copy of a journal elsewhere, I'm posting it here since there are still people who'll commission without reading a TOS or commission artists who have such nonsense as "no refund" in it. Read or disregard the following at your leisure.

How Not To Get Scammed.

Maybe, sometimes, possibly. I can't prevent everyone from getting scammed, sometimes even otherwise reliable artists flake out, or a new beginning artist is well-meaning but aren't sure how to go about doing commissions. But you can lessen the risk of getting scammed by doing a minimal amount of background checking. It's a shame that it's necessary, but if you can prevent getting taken for a ride by looking around for a few minutes, isn't it worth it?
Here's two little checklists of things that might tip you off, one way or the other, as to the reliability of an artist.

Reliable artists:

  • Have a Terms of Service that also covers customer rights and refunds.
  • Have established accounts or are linked to/from established accounts.
  • If they take commissions regularly, they will upload commissions regularly.
  • If they have a public commission to-do list, it will be updated regularly.

Unreliable artists:
This is a cumulative thing, if an artist does one or two of these things, such as being hard to reach and citing a lot of issues that inhibit/slow their ability to work, they might just be going through a tough spot. Give it some time, try to communicate, when offenses start to pile up, try giving an ultimatum. If that doesn't work it might be necessary to contact Paypal about a charge back or to make a post to Artist_Beware.

  • Might be featured in Artists_Beware with unresolved posts.
  • Might post vague journals citing uncooperative or abusive customers, but never offer proof or post about it to Artists_Beware, often coupled with (thinly veiled) begging for donations.
  • Often have new accounts because they hop between accounts to avoid unsatisfied customers.
  • Have a "no refunds" clause in their TOS, which is legally unenforceable.
  • Might include in their TOS that the customer can forfeit their payment by annoying the artist.
  • Will ask people to send money as a gift, which cannot be disputed if you want a refund.
  • Might have (multiple) journals asking customers to contact them because they lose info due to bad administration.
  • Might chronically cite excuses for delays in finishing commissions or being uncommunicative.
  • Are hard to reach, even if they're somehow always on-line for other things. Will ignore notes or e-mail.
  • If they do respond to inquiries, repeatedly tell you they're about to either start or finish your commission. Can never show work in progress.
  • Will hide/delete comments/shouts from customers asking for refunds/updates on their commission.
  • Might just right out forget about customers.
  • Might have their friends/fan base harass unsatisfied customers.

Through the grace of social media and sites like FA or Weasyl you can see how artists behave without having to commission them first. So if you see these warnings signs, even if they don't relate directly to you, take advantage of this early warning and tread lightly.

Further notes:

  • It's important to read an artist's Terms of Service BEFORE you contact them about a commission, that way you won't be faced with unpleasant surprises if problems crop up during the transaction.
  • Keep in mind that in freelance work (and commissions are freelance work and not work for hire), rights default to the artist unless negotiated and paid for.
  • It's NOT unusual for artists to ask for full payment up front, especially if it's a small amount.
  • Also, every artist is different, their methods and schedules are different. If one artist takes a week to give you a sketch and another takes two, it's no reason for alarm. And telling artists "But X-artist works like that!" is kind of insulting and definitely pointless.

Hope this helps, and I'll try and answer any questions people might still have.

How not to get scammed (maybe)

Thaily

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Comments

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    Good list. I'd just add that artists who insist on full-payment up front have a habit of being more unreliable.

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      That's not my experience, and I'm also one of the artists who wants full payment up front if it's under 50 euro.
      As long as the artist has a decent refund policy you ought to be okay.

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        As a writer, I find that taking payment after, with the threat of small-claims court, is usually better.

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          Internationally, small claims court often not a viable option.

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    This is a really good list.

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    Good to read this again. :)