FRAUD, SCAMS & CREEPS Rip Off! Protect Yourself From Voice Over Clients Who'll Try To Cheat You Out Of Pay By Sean Ahern Laugh Traffic Audio Production Agency Artists get taken advantage of all the time. As a professional
audio engineer working for several marketing agencies, I serve not only as the
producer but also as the liaison between talent and the agency. That being
said, it's often up to me to solve any sort of payment dispute. It shouldn't
be up to me, but I have a feeling it's because both parties would rather do a
"he/she said to tell you" sort of thing.
One VO artist in particular that I've worked with for years has
had their fair share of issues with payment and use of their voice. I decided
to ask them a few questions in order to shine some light on the situation: What was the worst incident in which you didn't get paid for VO services?
Do you feel as though you often get taken advantage of as a VO
artist?
How?
Are you paid enough compared to the industry average?
How can other VO artists ensure that they get paid for services
rendered?
BUT NOT EVERYONE IS 'UNION'
Going union is a great way to get paid industry standard rates
that also factor in size and scope of how your voice is being used. However,
not all artists want to go union. Union artists run the risk of being undercut
by cheaper non-union voices. And the agencies that I work for have never - and will
never - hire union VO artists; we always make sure to check before sending any work. The concept of the union functions best in an ideal world where every artist is
a part of it, but unfortunately that isn't reality. PREVENTIVE MEASURES ... So what else can you do as
a VO artist to protect yourself?
1. Get a P.O. I highly recommend always asking for a P.O. (purchase
order) before beginning any work. Often, and especially with fast-paced
deadlines in the agency world, artists will be pressured to rush an order out
to air on time, without receiving the P.O. But the P.O. will serve as adequate proof
of the job, especially if there's a job number associated with it as well.
2. Be wary of agencies asking you for "scratch
tracks" There have been many times where an artist, especially a new artist,
will send a scratch track as an audition, but since the audio is usually ready
for airing anyway, the agency will use it as the finished product. If you
submit an audition or scratch track, be sure to follow up.
3. Ask new clients for pay up front If you're servicing a new client you don't know or trust yet,
ask for half of your pay up front for at least your first couple jobs with
them. They may or may not agree, depending on how they stand with the
aforementioned issue on the risk of client disapproval. 4. Use a professional contract Have a
contract written up by a professional and ask the agency to read and sign it
before any work begins. Be sure to outline how you would like to be paid
depending on:
You may also want to consider hiring an agent to
represent you who can help with these steps.
JOB DONE - WHERE'S PAY?
An issue of ethics?
In certain situations, I'll send an approved script to a VO
artist, give them the direction that was described to me by creative and the
AE. They send it back, I complete the spot, my team approves it, sends the
P.O., and then sends the spot to the client. The artist's rate was approved,
the job was done, and they're expecting to be paid. However, it turns out that
the client hates it. They may not necessarily hate the read, but more so,
the concept or script. Either way, they won't accept it.
This in turn results in the agency saying:
I've asked the opinion of a few VO artists regarding this
specific situation. Collectively we all agreed that the artist should at the
very least get paid a "production cost" for their time spent recording. We
also agreed that the agency should understand that there's always this sort of
risk in a client services based industry, and that the agency should roll with
the punches and still pay the artist. After all, there are more valuable things
than a couple hundred bucks, such as relationships with your vendors as well as
your reputation as an agency. Unfortunately, some agencies are just cheap, and
may try to pull this sort of thing on you at some point. A good preventive
measure would be to ask for a certain percentage of your invoice still be paid
to you if the spot doesn't air. Very rarely will one of our clients disapprove
a spot; so this is a relatively safe measure to take that will not only be fair
to you and the agency, but will also further develop the business relationship
between the two of you.
IF ALL ELSE FAILS ... The agency hasn't paid you yet. Actually, it's been a couple
months now. What can you do? You could pursue legal action, but that may end up
costing you more money, and the agency will most likely never work with you
again. Plus, if you don't have a contract or P.O., things might be even more
difficult.
Similar to how the agency should acknowledge the risk of client
dissatisfaction, you will also have to assume the risk of an agency not being able
to pay you. I say "not being able" because it's more likely that the agency is
in some sort of financial pickle as opposed to them being cheap and evil people
who want to steal your VO. In actuality, agencies go bankrupt often enough. Try
to be patient while still following up regularly. Usually if you send enough
emails, they'll get around to paying you.
------------------- ABOUT SEAN Sean Ahern is the owner of the comedic audio production agency Laugh
Traffic. He believes that combining the contagious effect of comedy with the
reach and versatility of radio is one of the most effective methods of
advertising. After earning his degree in music production from Drexel
University, Sean acquired advanced skills in sound design and audio
engineering that he uses to create vibrant and creative audio advertisements.
After producing audio ads and working with voice over talent for the past 8
years, he's gained significant insight into the back end of the audio
advertising industry. Check out his website to
listen to some of his work. Web: www.laughtraffic.com Email: sean@LaughTraffic.com Your Daily Resource For Voice-Over Success
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I've learned that many overseas clients in the EUR can take months to pay. All I can say is BEWARE! They may end up not paying and stringing you along. It's not feasible to consider hiring an attorney or broker to collect. I could name one large producer, but won't. Even in the USA, once you're past 90 days, the likelihood of getting paid diminishes almost entirely. Good article.
Thanks, Bobbin bobbinbeam.com