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Among the most popular things we offer at this site are three columns that I wrote about what I call "Unfinanced Entrepreneurs." Basically, these are folks who want to hire you to write or draw things and you'll get paid much later, if at all. The first of these columns can be read here and then that link will lead you to the others.

Writers and artists are always being nudged, coerced, conned, shoved or otherwise trampled into providing their services for future money and/or low money, too much of which turns out to be nonexistent money. In some cases, they may be persuaded (or may persuade themselves) that it's bad for the soul to be too militant about being compensated; that a True Artist creates for the joy of creation and that you don't want to be the mercenary kind of creator, or have anyone think you're of that bent. We have a name for people who think that way…

We call them chumps. And usually, they're chumps who subsist in a constant struggle to make their rent payments or stop their bank from sending "the boys" over to surgically remove a Visa card. General rule of thumb: You're not going to write the Great American Novel (or anything) if your electricity's been turned off.

As the economy in our nation gets worse — and as technology makes it easier and easier to look like a publisher or producer while one is sitting at one's computer in one's skivvies — this problem worsens. I dunno how many calls I've gotten lately from writer and artist friends who've been screwed eight ways to Sunday on some recent project. Sometimes, the screwing has been done by companies of great reputation…folks who actually have the money they're not paying. Most of the time though, we're talking about "companies" (note the quotation marks) that are kiting the entire enterprise, hoping they can stall paying you until your work makes them a profit and then they can pay you out of those profits.

And when they don't make profits — or don't make enough to pay themselves and you — guess who doesn't get paid.

I'm probably repeating some of the things I said in those columns but they bear repeating. If you want to write and/or draw, it's easy to lead with your heart. You want to create things. You want them to be published or produced. You see others making nice livings doing what you think you should be doing. So when someone comes along who says, "I can publish [or produce] your work," you want to believe it's all going to work for everyone's benefit.

Waaaay too often, it does not. You need to develop a nose for opportunities to work for nothing. You need to be able to sniff out the ones who have zero or close to zero chance of actually getting the book published, getting the movie made, getting your work before the public. And within the tiny subset of those who actually have the resources, knowledge and funding to get the book or movie out, there's a tinier subset of entrepreneurs who will actually cut you a check that will clear. I've been fortunate enough that in the forty (My God) years I've been a freelance writer, I've made a good living and usually managed to avoid the eels. But I've been duped or swindled at times, many of which were instances where I just plain shoulda known better.

I mention all this because first of all, we all need that constant reminder. If you think you're creating something of value, treat it as something of value. No one else will if you don't. That means insisting on being paid that value and not in hypothetical, down-the-road bucks. There are times when it makes sense to invest but when you do, you have to think a little like an investment banker. Their success is 100% contingent on knowing which stocks are good gambles and recognizing that many are not.

I also mention this because I've been reading the blog of Colleen Doran. Colleen is an artist of exceptional skill and spirit. If I were a publisher in a position to do so, I would hire Colleen and lob large sums of cash at her — in advance! — because the work she would do for me would make me even larger sums of cash. It is appalling that anyone like that is ever wronged by publishers…or that any publisher could be so inept at publishing that they couldn't make money issuing the work of Colleen Doran.

She is courageously blogging about some of her experiences in order to aid others. I don't know the specifics of her encounters but the kind of thing she discusses definitely happens and it happens way too often.

One sound point she makes is that you should never be afraid that by standing up for your rights and refusing to be exploited, you can get a rep as a troublemaker and can somehow be "blacklisted." That does not happen. There is no way a sleazy publisher or producer can do much more than simply decide he or she doesn't want to deal with you again.

This is not a bad thing and can be a very good thing, indeed. In those forty years of writing for dough, the only employers who have ever decided never to deal with me again because I stood up for my rights and contract were folks I wouldn't work for again if they paid me in advance and in cash. I'd probably figure the cash would bounce. There are some where it's just like getting in the snake pit. If you get in, you're going to get bitten and it's your own damn fault. Don't act so surprised when the cobra strikes. That's what they do.

To read Colleen's tales of woe, start here and go forward. And do not get discouraged because it's so bad out there for so many talented folks. Instead, the trick is to feel empowered by knowledge and awareness. Colleen is sharing some of her mistakes with you so you don't have to make them yourself.

High among the portions of this website that have received the most hits and "thank you" messages are my articles on what I call Unfinanced Entrepreneurs. Put simply, these are people who try to hire writers and artists to work, not for money, but for vague and shifting promises of money somewhere down the line if and when the project is successful. It has been my observation (and, sadly, experience) that few of those projects are ever successful and that even when they are, the promises are rarely honored.

There is no creative person alive who can't tell you a dozen stories of how they got screwed over by accepting such propositions. Still, most of us fall for them now and then, and of course it's the newest people who fall the hardest. Last month, I was contacted by a friend whose son is an aspiring comic book artist. The son is so eager/desperate (pick one) to get into comics that when an established writer of some success offered him the chance to illustrate a 64-page graphic novel "on spec," the son leaped at the opportunity and quit his real job, which paid him actual money. From there on, it's a long, ugly story so I'll cut to where it stands now: The kid spent six months drawing the graphic novel. The writer has the pages, will probably never do anything with them and will not return phone calls or e-mails. Except maybe as a practice exercise, the experience could not have been more of a waste for the young artist. His work will not be published. There will be no payment. He doesn't even have the original artwork to sell or show around as a sample.

This kind of thing happens way too often so we have to keep reminding each other. To that end, one group is doing something about it and about one party in particular.

Gail Simone, a fine writer who believes she was victimized by this party, is one of the key organizers. Also involved are Scott Shaw! and Sarah Beach and several others. They have a website with the glorious, apt name of Unscrewed. It's apt because they're out to turn their negative experiences into positive ones, not only righting some of the wrongs of their shafting but creating a bit of empowerment for creative folks who encounter swindlers. There's a forum over there and details on an anthology they're assembling to raise funds and I'm all for it. We'll never stop this kind of abuse but we can sure make creators less likely to fall for the malarkey.

Elsewhere on this site (here, if you're interested) I have three articles I wrote about what I call "Unfinanced Entrepreneurs." This is not the perfect title for these people since some of them do have money, in some cases lots of it. But they all act like they have none when they ask writers to write "on spec" or expect artists to draw things on the promise of future payment. Just about everyone who can write or draw has been exploited by these lepers, sweet-talked into laying out free work for some project that then fails to materialize.

A few days ago, I mentioned another, related scheme that's used to rip-off freelancers. About the same time, there was a discussion of creator exploitation on a discussion group for computer animators, and someone there linked to my three articles. As a result, I've had an avalanche of e-mails from folks who want to tell me their story of how they were exploited. Since the three articles were first published in 1998, they've been among the most widely-read and circulated columns I've written, bringing me hundreds of comments and messages, all telling me such tales. Here are a few excerpts from this new batch — and I'm withholding names since I'm not sure all those who wrote wanted to be quoted by name…

…the entire project went on and on and on. I did approximately 350-400 revisions, 4-5 completely new 3-D models. Each time I did a new render, I would hear "it's fantastic…it's perfect…they'll love it" and then get an e-ail saying "it's 99% there…all you have to do is change X." It took nearly 3 MONTHS to get it done. And what is worse than that…when it came time to collect the final 50%. the guy disconnected his phone, disconnected his fax, disconnected his cell phone, shut down his website and disconnected his e-mail…

…there was an article I wrote for which the contract in my hand, with all sorts of signatures on it, clearly told me a pay schedule of $300 on submission and $300 more upon publication. After getting a check for $200 and then another $200, I was met with the response, "that's our new pay schedule." I complained enough that they cut me a check for $200 more that was clearly not a vendor check, so someone knew they were wrong, but couldn't convince finance, apparently. But my question is how much of this problem falls to us? The thrill of getting a pitch accepted, or merely of having someone say, "I'm willing to pay your for something you will create" often blinds us to the rigors of accounts payable. I'm unagented, so I don't have the luxury of saying "Sure, send the details to my agent" etc. And I'm lucky that most of my correspondence is done via e-mail, as if the buyer could see my glee at being accepted, they'd probably cut their payment in half. I believe I've done enough un-paid, or under-paid work in my life that I'd be immune to it, but I still fall for it, every time…

…UE's are rampant in the 3-D industry due to the false notion that the computer does all the work for us. I have only been in the 3-D industry professionally for 3 years and I cannot begin to count how many times I've been approached to do free work. It's frustrating, annoying and infuriating…

…I figured since this was a big star on a TV series, he had the connections he said he had, so I decided to invest in writing the script he wanted me to write. It took about three months and all the time, he called me every week to ask how soon he could have it because he knew this studio was interested or he was having lunch with this director. I was past page 88 when I called him to ask a question and he never returned my call. I called several times and I finally got his wife who said, "Oh, he's no longer interested in that" and hung up on me…

…I spent three weeks doing a CGI demo of these characters which he said he had the rights to. I finally found out he didn't have the rights. He said he did so I'd do the demo and then he planned to take it to the owners and use it to get them to give him the rights…"

Happens all the time, as you can see. (Don't bother sending me more of these. I have plenty, thank you.) And there's really nothing you can say to any of them except that we all have to stop falling for these scams. We have to value our work highly and not give it away for free or even gamble it on longshots.

Before I get off this topic and back to writing something that I'm actually going to get paid for, I wanted to respond to this message I received from Charlie Eckhaus…

Regarding your The Great Negotiation-After-the-Fact Scam article, I can certainly sympathize. I completed some freelance software engineering for my former employer (a medium-size company). Although I was paid without great incident, albeit at the last minute (which I imagine is fairly typical), at the beginning I still wondered if they'd try to put one over on me. Which brings me to the point: you didn't mention any legal recourse that was available to you, and I wonder if you've ever used it or looked into the steps required to pursue justice? If so, did it turn out to be too expensive? Was it difficult to make your case because it was your word vs. their word? Is that what the guy on the other end is counting on?

In my experience, they usually count on the premise that you're not going to hire a lawyer in order to collect a small amount. I once worked for a guy whose accountant explained to me, over lunch and off the record, that the boss often spoke of "the second negotiation." The first negotiation was the one where he promised you $1000 and you agreed to do the work and started. The second negotiation commenced when you were too deep into it, he thought, to just walk away. That was when he'd introduce some loophole to deny your fee ("Gosh, I'm sorry…you must have misunderstood me. I said it would be $1000 if my partners came through with the funding…") and at the same time, he'd start talking about some great-sounding major project that was imminent. The concept here was that you'd think, "Hmm…I can go to Small Claims Court over $1000. That will take time and I might not win…and either way, I'll never work for this guy again and maybe get a reputation as a troublemaker. Or I can eat the loss, stay on his good side and maybe get that other project, which will more than make up the $1000." Sometimes, just when he figured you were on the fence, he'd say, "Kid, I really like you. Tell you what…let's split the difference. I'll pay you $500 out of my own pocket." In almost all cases, you'd wind up grabbing the cash — voila! — he got a $1000 job done for half off. Occasionally, he could even convince you to forget about any money for that work because the next project was so promising. My accountant friend told me the guy used to plan for this kind of haggling in his budgets. He'd tell the accountant, "I made a deal with this guy for X but I'll get him down to Y (or maybe even nothing) in the second negotiation."

In some cases when I've been ripped-off, I've just written it off as not worth the trouble. On TV and movie deals, I've gone to the Writers Guild a couple of times…and the mere fact that this organization exists, God love it, makes a lot of studios and producers think twice about cheating writers. The same thing has happened because I have lawyer(s), including two who are fairly well-known in some circles. I've had to call them in a few times, and I believe there have been situations when I've been paid what I was owed only because the other party knew I had attorneys, could spend the money to bring them into the matter, and would. You don't always have to fire a weapon for it to be effective. They just have to know you have it and will use it.

Most of all, you just have to have a good manure detector, especially for those offers that sound too good to be true. And it helps to remember that honest folks don't flinch if you ask them, early in your association, to put things in writing. You might be afraid to act too pushy about money and contracts when you're just starting a project…but if that will kill the deal, then it's probably the kind of deal you ought to kill before you get too far into it.

Okay…enough weblogging for tonight. I'm going back to work on a script. Hope I get paid.

This next item is about folks who might best be described as "new professional writers," meaning that they've sold a few things but not many, and are eager to sell more.  Lately, several have written me for advice and/or sympathy as they have experienced the same baffling, dispiriting situation.  It starts via an e-mail contact with someone — we'll call that person "The Buyer" — who is looking for writers for some project.  Sometimes, The Buyer solicited applicants on the Internet; sometimes, The Writer was referred to them.  Either way, The Buyer sends an e-mail with a long breakdown of rules and guidelines, and encourages The Writer to submit pitches — samples, premises, "spec" outlines, whatever.

The Writer invests some time in cobbling up ideas, sends them off…and the next thing, he or she gets back an e-mail that asks for a price quote.  In other words, "How cheap will you work?"  The Writer, who knows little of how the project is to be marketed, where it will be distributed, etc., doesn't have enough info to cite a price but if they don't, they don't have a shot at this job.  So they do, erring on the low side.  And the next thing they receive is an e-mail that says, basically, "You're too expensive.  We're going with someone else."

For some reason, this kiss-off is usually accompanied by some sort of gratuitous insult.  One writer-applicant recently received one that said, "Obviously, based on the price you quoted, you're not a professional."  Based on the low price quote that The Buyer found exorbitant, I would say the project is not very professional, either.

I've heard of this happening often lately, and I have no real advice to offer the rebuffed scribes who write to me except this: Don't spend a lot of time auditioning, especially for jobs that pay rotten (or unknown) fees.  No one builds a career doing these kinds of assignments.  There's no money in them, and they rarely lead to the kind of jobs that do pay.  Even a beginner is entitled to basic courtesy, including the right to know the pay scales for a job before they do any try-out work.  If it's going to pay less than a hundred dollars — and some of these jobs seem to pay a lot less — you're probably better off putting the same effort into writing something you can go out and sell.  You might also want to read the three columns I posted here about "Unfinanced Entrepreneurs."  Here's the link to the first one and I'll repeat something I say in one of them…

Steer clear of those who want to exploit you.  Even when you think you have no better prospect, avoid the Unfinanced Entrepreneur.  They not only steal your work; they embezzle a little bit of your soul.

The Internet does a great job of connecting us with one another.  It also increases the number of leeches who can contact you, and makes it harder to know who — or what — they really are.  That "22-year-old blonde cheerleader named Tiffany in Malibu" you encounter in a chat room will probably turn out to be a 62-year-old fat pervert named Sid in West Covina.  The supposed publisher or producer who contacts you via e-mail and promises to make you a star may be equally legitimate.

Do I even have to mention that The John Romita Sketch Book is a joy?  I mean, how could a book of John Romita sketches not be a must for any comic book buff?  Especially when they toss in a long, detailed interview.  Mr. Romita (and his son, John, Jr.) were Guests of Honor at the Wondercon just completed and, if not for the fact that I moderated panels and events involving them, I might never have gotten close enough to chat.  That's how crowded they always seemed to be.  It was quite a change from my first memory of John Romita (Senior), which was in the Marvel offices in the Summer of '70.  You would not believe the tiny, cramped workspace the company has provided for him. I was 18 at the time and I literally had twice the space when I sat and drew in my bedroom in my parents' house.

But he was sitting there, putting beautiful work down on paper for what I'd guess was not nearly enough money…and now some of that very work is up in a museum (see earlier item) and he's mobbed by adoring fans and admirers, some of whom are coughing up major coinage for his originals and prints.  And, of course, you're going to buy the book.

I'm back in Los Angeles, by the way, happy to be home.  I had a great time at Wondercon — as ever, one of the friendliest of all conventions — but it's always good to get back.  Today at the con seemed medium-crowded…less than Saturday but more than Friday.  Len Wein and I did a panel for ProCon called, "How Not To Be Taken," which started with us collecting twenty bucks from all attendees.  No, we didn't…but it would have made the point.  The panel mostly consisted of me reviewing our lessons here about Unfinanced Entrepreneurs and illustrating same with more examples.

I think that's about it.  Gotta go unpack…

Just added a few new panelists to the events I'm hosting at WonderCon.  You'll see their names in a day or three when I re-post my schedule.  Also, concurrent with WonderCon in the same hotel and operated by the same management is a thing called ProCon, which is a series of seminars for folks who write and draw comic books.  On Sunday afternoon, assuming the calendar works out, I'll be babbling on for an hour or so about how not to get screwed over when you're hired to create something…kind of a spin-off from our articles here about Unfinanced Entrepreneurs.  I hope to be joined in this discussion by another writer if he's willing, but I have enough painful anecdotes to go it alone, if need be.  Don't we all?