Re: Hate Thread
Utterly wrong, please don't say these things, violating exclusivity contracts can have serious consequences, as annoying as they are for artists.
Correct, however I wasn't operating under the assumption that he was under and exclusivity contract, as I assumed (probably incorrectly) that he wouldn't be foolish enough to accept such a contract should it not provide him with enough compensation to forgo commissions.
Pacta sunt servanda
In common english: The pact becomes the legal basis. This is international law.
Its a common myth that you can ignore parts of a contract because they sound unreasonable. If I made a contract with you and paid you never to pee in blue toilets you'd still be in legal violation of the contract if you did, no matter if it was nonsensical or limited your freedom of action or etc.
Sure, but that's the actual thing you're paying me for. However if it's an additional clause...?
I mean, if that's the case you can just put any nonsense in a contract and get away with it.
Let's take this to the extreme. I don't read a contract well enough and there's a clause that says "your heart may not beat", I perform whatever service I've been contracted for (let's say building a house) but my heart beats during the fulfillment of my duties (the house gets finished) would any court uphold this clause?
You wouldn't argue that the artist has to not provide any images in exchange for money because that limits their freedom of personhood by forcing them to draw now, would you?
Well, I'd try really hard to argue that the artist needs to take on commission work because if they don't it would be dangerous to their health. Not for the money mind, that is only a by-product of an obsession that unfulfilled would pose a threat to their health. (lol fuck me, I'm like the scum-baggiest lawyer ever)
Of course, I'd also advise my client to not get caught in the future. Pretty goddamn hard to prove that you've made an art-piece if you don't sign the damn thing, advertise under an alias, and take cash only.