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jokerette
Community Member

I have an issue about 'trial gigs' I'm sure others have as well

This has happened several times and a developer friend of mine might have the answer. I'm a writer, and I took a "Trial contract" (a 1000 word blog) for not that much money. Idea being, if my writing suits, they hire me to do a book for decent money.

 

I didn't read the contract - it wound up being 2000 words. Now I'm suspicious. My question: if he says he can't use my work, is that blog then mine? Mind you, I will be paid for it.

 

I'd like to say, "If my work isn't (whatever,) you won't be using it. So do you mind if I shop it elsewhere?" I won't do that if it breaks any rules, but dang there should be something to help those in this same condition.

 

Thanks in advance,

 

Cat

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gilbert-phyllis
Community Member

If the client pays for it, they own it unless you've explicitly contracted otherwise. 

 

The good news is you got paid something. The bad news is you evidently got paid less than you meant to charge on a per-word basis. The good news is you probably won't accept a contract without reading it again. The possibly irrelevant news is you have lots of company with respect to the last point. 

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13 REPLIES 13
prestonhunter
Community Member

Don't work for free.

 

If you work, and the client doesn't pay you for your work, then you own the work.

Except that she says she is being paid, and in that case, the client does own the work. What he does with it - uses it or doesn't use it - is his business.

gilbert-phyllis
Community Member

If the client pays for it, they own it unless you've explicitly contracted otherwise. 

 

The good news is you got paid something. The bad news is you evidently got paid less than you meant to charge on a per-word basis. The good news is you probably won't accept a contract without reading it again. The possibly irrelevant news is you have lots of company with respect to the last point. 

I had a feeling that this would be the response! I was really trying to figure out a way to NOT get burned by these danged "Tests". I certainly don't mind doing them: I just don't want to supply a highly-technical blog for diddly-squat and then hear, "Sorry Cat, this just isn't right for me." And then they publish the dang thing, move on to the NEXT tech writer, dangle a real goody under their nose - rinse and repeat.

I wonder if I should put a little something in my profile, as this happens a lot to me. (My therapist says, so help me, "You are flypaper for freaks, Cat." LOL he's right.

tlbp
Community Member

There's no need to say you don't do cheap work on you profile. All you have to do is say "no" to cheap work. 

Asking freelancers to do a "test" for a low price with the promise of future work as an incentive is a common con. Read the New to Upwork posts and search the web for "freelancer job scams" to educate yourself about others. 

You are the owner of your business. You set the boundaries. 

What Tonya said. My advice is eliminate the teaser rate from your toolkit. If a new client wants to try you out, negotiate an assignment of limited scope but charge your rate. If you charge less for the audition, even if they agree to a higher rate for the main gig, they likely won't feel good about it (which means they'll be difficult if not impossible to satisfy). If you charge your rate, whatever the scope, then you won't feel bad if they cut you loose after the trial and if they stick with you, then you're both on the same page about the value that you bring.

 


Cat L wrote:

 I was really trying to figure out a way to NOT get burned by these danged "Tests".


I eliminate them by not doing "tests". No free tests, no paid tests, no tests at my normal rate, let alone at a cheper rate. The second I read "test" I roll my eyes and walk away.

 

Hire me or don't hire me. I don't care, but do one or the other. No testing.


Petra R wrote:

Cat L wrote:

 I was really trying to figure out a way to NOT get burned by these danged "Tests".


I eliminate them by not doing "tests". No free tests, no paid tests, no tests at my normal rate, let alone at a cheper rate. The second I read "test" I roll my eyes and walk away.

 

Hire me or don't hire me. I don't care, but do one or the other. No testing.


What's wrong with doing a test at your normal rate? If you're paid, you're paid.


Robert Y wrote:

Petra R wrote:Hire me or don't hire me. I don't care, but do one or the other. No testing.

What's wrong with doing a test at your normal rate? If you're paid, you're paid.


I don't play games and it's not all about getting paid. I don't want to be one of 5 and then someone whose credentials I can't know gets to decide who did the best job.

 

My profile and my history speak for themselves. If the client still needs to "test" - they can test someone else, I'm out.

lizablau
Community Member

Exactly.  I also always roll my eyes at tests.  Amateur hour.

 

Another reason not to accept them is freelancers who fail their bogus "tests" will likely get a low score when the contract is closed -- especially when asked if they'll hire the freelancer again.  


Cat L wrote:

I had a feeling that this would be the response! I was really trying to figure out a way to NOT get burned by these danged "Tests". I certainly don't mind doing them: I just don't want to supply a highly-technical blog for diddly-squat and then hear, "Sorry Cat, this just isn't right for me." And then they publish the dang thing, move on to the NEXT tech writer, dangle a real goody under their nose - rinse and repeat.

I wonder if I should put a little something in my profile, as this happens a lot to me. (My therapist says, so help me, "You are flypaper for freaks, Cat." LOL he's right.


No, he's not right. You are just a nice person assuming everybody is nice too. 

Work for cheap now, get more work later at a better rate is just a silly bait-and-switch. The only response to that is: I'm happy to work at my regular rate now, and get more work later at my regular rate. 

roberty1y
Community Member

Don't fall for the "maybe more work later if you do this job cheap" thing. 

prachi163
Community Member

Cat,
Firstly, I don't think they have rejected your work. There is a possibility they won't reject it, in which case, you get the bigger, more lucrative project.

Now, in case, they don't like it but still pay you, they will own the content. However, you can still ask them whether you can include it in your portfolio. If they say yes, you can use it to showcase writing skills in that particular niche. 

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