unfair workload, % royalties. any way to fix this?

[lokiean]

What is the name of your state (only U.S. law)? In michigan.

Recently me and a person i work with was signed under contract to a company to provide artwork for a project that would be mass produced and sold.
Each of us are under 2% royalties to do half the project each. The contract states simply. We are to recieve 2% net on each unit sold and delivered at the end of any month one is sold and delivered for providing artwork to said project.

Well from the begining it was stated who evers illustrative panel was picked (we both had to make one on top of the project) for the deluxe edition was to recieve extra incentives.

From the begining of the project that was all the guy worked on. IN the time it took him to come up with his panel i did the entire project, concept art, scan cleanup, vectoriseing linework, digitally coloring and making the graphics for each panel etc. The only part he helped me with was some traced line work (that needed alot of cleanup as he didnt use straight rules or circle templates for most) and a bit of linework.
I gave the guy updates every few days as to what each of us was doing and stressing my issues about the workload and who was doing what. Well my illustrative panel was picked. So instead of finishing up his he scraps it and starts a new one. By the time i was done with my panel and the entire machine the workload distribution has to be in the figures of 90/10% And thats if he finishes his panel.

At this point i noted i had more then done my fair share and wont be helping him finish his panel ( as the guy had no graphic design experience, I have 6+yrs)
The guys been working on his panel for over 2 months. He has went over his final deadline by a month. And is now being given more time to complete it.
The first convention there trying to sell reproductions of this is oct 17th. I feel them hanging out as friends shouldnt come in the way of him making this kind of decision. And is there anyway this can be fixed or am i pretty much stuck. I told the guy i had started a alternate graphic panel. And he was relieved to know he had a back up. And heres what really toastes me. He was relieved also cause it ment that he could give his friend more time to come through with his art panel.

 

[quincy]

What is the name of your state (only U.S. law)? In michigan.

Recently me and a person i work with was signed under contract to a company to provide artwork for a project that would be mass produced and sold.
Each of us are under 2% royalties to do half the project each. The contract states simply. We are to recieve 2% net on each unit sold and delivered at the end of any month one is sold and delivered for providing artwork to said project.

Well from the begining it was stated who evers illustrative panel was picked (we both had to make one on top of the project) for the deluxe edition was to recieve extra incentives.

From the begining of the project that was all the guy worked on. IN the time it took him to come up with his panel i did the entire project, concept art, scan cleanup, vectoriseing linework, digitally coloring and making the graphics for each panel etc. The only part he helped me with was some traced line work (that needed alot of cleanup as he didnt use straight rules or circle templates for most) and a bit of linework.
I gave the guy updates every few days as to what each of us was doing and stressing my issues about the workload and who was doing what. Well my illustrative panel was picked. So instead of finishing up his he scraps it and starts a new one. By the time i was done with my panel and the entire machine the workload distribution has to be in the figures of 90/10% And thats if he finishes his panel.

At this point i noted i had more then done my fair share and wont be helping him finish his panel ( as the guy had no graphic design experience, I have 6+yrs)
The guys been working on his panel for over 2 months. He has went over his final deadline by a month. And is now being given more time to complete it.
The first convention there trying to sell reproductions of this is oct 17th. I feel them hanging out as friends shouldnt come in the way of him making this kind of decision. And is there anyway this can be fixed or am i pretty much stuck. I told the guy i had started a alternate graphic panel. And he was relieved to know he had a back up. And heres what really toastes me. He was relieved also cause it ment that he could give his friend more time to come through with his art panel.

It is very hard to argue the terms of a contract you read, agreed to and signed.

 

[lokiean]

But at a minimum ill still get my 2% as the workload i did is indisputable. And if he ends up coming to me to come up with the rest that isnt my duty under contract to do. then its time to renegotiate? and if that happens can the other guy fight being taken out of it? As his contract is simply stated as "supplying art to the project" I would guess its my fualt for not stopping when i was done with my half and leaving it at that.

 

[quincy]

But at a minimum ill still get my 2% as the workload i did is indisputable. And if he ends up coming to me to come up with the rest that isnt my duty under contract to do. then its time to renegotiate? and if that happens can the other guy fight being taken out of it? As his contract is simply stated as "supplying art to the project" I would guess its my fualt for not stopping when i was done with my half and leaving it at that.

You can always try to renegotiate your contract with the company. If you can demonstrate your worth to the company through the work you have done for them, they might consider adjusting the terms of the contract to better reflect your contribution.

And if they won't renegotiate the contract and pay you what you feel (and can additionally prove) you're worth? It might be time to look for a different job with a company that values you, your work and your work ethics (if your contract does not in some way limit you from doing this).

Good luck.

 

[lokiean]

i actually own my business. And the one guy who did little to nothing works as a self employed contractor at my place of business. This is just the first time i have licensed out my artwork. Ive no worries proving my self valuable. Not only did i go above and beyond on this project. Just went back on his previous project and reworked a whole lot of art just so it looked right shipping out to his customers. I figured if its a delayed shipment then the 250 customers waiting on there product now have something nice and extra to help smooth over the situation. Pretty sure things will change when he is close to being out of time. I just had to walk away after letting him know how i felt. because no one else would work under those conditions. And he will see just how much i gave. thank you guys for the responses.

 

[quincy]

i actually own my business. And the one guy who did little to nothing works as a self employed contractor at my place of business. This is just the first time i have licensed out my artwork. Ive no worries proving my self valuable. Not only did i go above and beyond on this project. Just went back on his previous project and reworked a whole lot of art just so it looked right shipping out to his customers. I figured if its a delayed shipment then the 250 customers waiting on there product now have something nice and extra to help smooth over the situation. Pretty sure things will change when he is close to being out of time. I just had to walk away after letting him know how i felt. because no one else would work under those conditions. And he will see just how much i gave. thank you guys for the responses.

While your response describing your business and your work setup puzzles me, I thank you for the thanks. Good luck.