An ethics dilemma about selling portraits! Please help!?

Question

Here's the situation: I sell custom portraits via eBay occassionally. This is the wording on my auctions:
Send me a photo of your choice and I will create an 8x10" portrait using Prismacolor pencils, watercolor and ink.
I also explain that I need a high resolution photo and that I will send a email preview as soon as it's done. I offer optional shipping insurance as well as offering to answer any questions as quickly as possible.
I had a recent customer whose portrait (despite packaging it in a padded envelope and cardboard) was damaged during shipping. She was very happy with the portrait (said it was stunning) except for the tear on one of the faces. She opted out of shipping insurance, so I felt that a partial refund was more then fair, however she wouldn't send me photo proof of the damage. So she went to Paypal and filed a claim. They told her to go get a quote for repair from her local art shop. The people at the art shop looked at it very closely and...

...informed her about the method in which I made her portrait, in other words that it wasn't 100% hand done and was computer aided.
She bought a 16"x20" portrait for $60, needed me to put 2 people from 2 different photos together in one portrait and needed it within 3 weeks. I arranged the people together digitally, and had to manipulate the man's eyes to look open (they were closed in the photo). I then had the file printed very lightly (20% opacity) and used the print as a sketch. I then took hours to shade, color and fill in every aspect and detail with prismacolors. All the print did was take out the tracing and sketch work. Anyway, she is now upset and has reported me to UK's Trading Standards for false advertising. However, what difference does it make about the method I used to achieve a portrait? Especially since she loved it initially, and I never claimed it was hand-done? Your thoughts?

Answer 1

Well, I don't know about the rest of it, but I can tell you, on good authority (both from things I've read and what I see around me in "the art world"), that many established artists (i.e., "name" artists, whose work shows in galleries and who have famous clientele). make portraits using projected images (from transparencies made from photos) on canvas. They then use (oil, usually) paints to cover over either the projected image or the pencil drawing that they've initially made from that projected image..

In addition, many works of art that you'll see in galleries and museums originate from Photoshopped (or otherwise altered) digital images, collaged cutouts from other works of art, etc.

And "sampling," in the music world has long been considered to be an original art form, even though not all of the notes in a composition are "original" to the artist (or should I say "music editor?").

What can I say? We've long been living in a world where not every brushstroke comes from the artist's imagination and not every note comes from the musician's instrument. And yet those works are still considered to be "original" works of art--for which many people are willing to pay upwards of thousands of dollars.

Answer 2

If you do not at all claim that everything is hand done and she did not purchase shipping insurance, I don't see how you can be at fault for anything. On top of that, if she won't show you the damage then how you can give her any type of refund?

She is obviously not working with you and is either trying to scam you or is completely idiotic to not even send you evidence of any damage. Even if she did, if she had no shipping insurance she takes that risk of damage.

How you can avoid this next time is to make sure your description clarifies the word "custom" because many people think this is completely hand done rather than the meaning of personally attended to and specifically done for an individual buyer. Secondly , just find out how much shipping insurance usually costs and boost your price on each project to include that shipping insurance... that way you can appear to offer shipping insurance free of charge to them (if that is the option).

Also make formal contact with paypal or eBay and let them know that the buyer did not purchase shipping insurance and that there was damage in transit that caused her complaint. I am sure they will side with you once you explain the entire situation.

Hope the advice helps.

Answer 3

It's for this very reason that i don't solicit mail orders for my work, not that i wouldn't. I think you've done everything right except one thing, insurance, make it a rule and part of your pricing. Since you have requested proof of damage and none has been provided you are not obligated to refund any money, you also need to state this against any compaints your client has filed. I would also like to mention that if you have not yet created a contract of some sort to protect yourself you may want to get one. As an artist i'm interested in looking at some of your art, do you have a website or artpage?

Answer 4

You didn't finish, but if they couldn't find a tear, then take their evidence back to PayPal. If there was a flaw and it won't undo you financially let them fix it and pay for it, I guess. Or offer to re-do her portrait at no charge. If there was no damage and she won't pay, you can take her to small claims court or you can chalk it up to experience.

I'm sorry, because you sound like a truly ethical and competent professional.

Answer 5

well what did they say? if she does not show you proof that the portrait is ripped then how can you be responsible, especially when she did not get shipping insurance? you might want to contact the people at ebay and paypal to let the know your side of the situation and how she will not send you a picture of the damage.