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[Tukimitzu]

So I heard about this recently:

Contingent Fee: is any fee for services provided where the fee is payable only if there is a favorable result.

From what I know this is mostly seen in the services of a lawyer, but the definition is not limited to that. So I was wondering, is there an equivalent term that is used for the same kind of deal but for artists? Or is "contingent fee" also used for deals with artist and I'm the only one who never heard about it because I'm not an artist?

Thanks!

[nnyei]

If there's a such a term for artists, I haven't heard of it. But I think the core of your question really boils down to a different one: "do I still have to pay the artist even if I don't like what he/she has produced for me?".

If you hire an artist, it should never get to that point. When you commission someone for freelance work, you hopefully like what that artist produces from looking at their portfolio, and don't expect a drastically different result. Once you've commissioned the artist, they should always send sketches, thumbnails, mockups or WIPs your way to get your approval. This way you can steer the artist in the direction you want so you never get to an "unfavorable result". If the artists only sends you stuff you don't like and revisions don't help either, it would be in both of your interests to come to a mutual understanding asap. If you've already approved of some of the work that they've done for you, but don't want to work with them any longer for whatever reason, pay for what you've approved and then use it in your game or pass it along to another artist so they can build up from there. If you've already approved of something and the artist continues to work on it, but then you change your mind, (e.g. you've approved a character sprite and the artist is in the middle of animating it, and then you decide you don't like the character sprite after all, making every animation useless) you have to come to some aggreement with the artist because you've essentially wasted their time. In an ideal scenario, this is already covered by a contract you've made prior.

More than anything, communication is key. Artists and freelance workers in general have to deal with clients who don't pay on a regular basis (usually not for the reason we're discussing here), so it's generally best to make a contract so you'll both emerge happy from that transaction. It'll also helps to clarify what a "favorable result" entails, so you can work with the artist, instead of against them. (And vice-verse; the contract protects you both after all.)

Just keep in mind that you both want the transaction to be successful when you commission an artist. So rather than wondering right from the start whether you can get away with not paying them, communicate to them when something's not to your satisfaction.

Good luck.

[bdsowers]

Agree with pretty much everything nnyei said.

I've never seen anything similar in any art contracts. But art is different than trial law - there isn't a winner/loser.

A lot of contracts have some sort of acceptance process, where payment can be withheld until the milestone/piece is accepted. Alternatively, many contracts with artists will offer some level/number of edits to modify a piece if it isn't quite meeting the requirements. And some contracts have some kind of "termination clause" where if you're not liking the result, you can pull out but still have to pay some portion of the contract.

For art, I've found it's useful to break up the piece into small deliverables, where each one has an acceptance/edit process. I've worked with people who looked good from their portfolio but ended up not quite delivering in practice, and having some way to pull out is always good. But course correction is better.

[Tukimitzu]

Thank you nnyei and bdsowers for the detailed answers. I just started my indie journey so I want to do things right.

This is an unrelated post if you have time.

Cheers!

[doghouse]

If you're working with an organised freelance artist (I have done freelance art-work for people) then the artist should have a process that that designer follows.

Like mentioned, one would assume a client would have looked at their portfolio before contacting the artist.  From there, perhaps a simple design meeting will take place which would include budgets.  And a smart designer will have a terms and conditions of contract that both parties will agree to -- typically with signing the design brief.

And the client could expect to pay a deposit up-front before receiving any artwork.

Of course, large companies sourcing several designers at once may well have something like a 'contingent fee' in place.  In essence, the freelancers are in direct competition for the client.

So, really, if you are looking to source an artist for something, be very explicit in what you want and would even be a good idea to ensure yourself (and even the designer) are covered for eventualities - with a signed document.

And as always, read the small-print.