Post by Brittany Ann Phillips on Aug 6, 2020 9:31:43 GMT -8
With indie projects becoming more prominent than ever on the animation and video game scenes, many voice actors turn to indie work as a way to get started in their voice over careers (compared to 15-20 years ago, where having to relocate to a major city where the studios were located was the only way to pursue voice over beyond the local scale). In some cases it is also possible to earn a certain level of consistent income from doing indie work.
But what happens if a client from an indie project decides not to pay you after recording has been wrapped up?
While it's an extremely unfortunate and all around gross situation, all fields, voice over-related or not, deal with profits and losses – it comes with the territory of running one's own business. When a voice actor agrees to work with a client, there is always a tiny risk that will happen, but a risk nonetheless.
There are various options to take in these situations and a number of voice actors that work professionally in the industry have provided their input as well.*
*Note: the professional industry and the indie community have different ideas of what steps need to be taken in this situation, however, many of these steps overlap. For those who want pursue voice acting in some level of professional endeavor, this guide is written as a helpful resource for you.
*2nd Note: The voice over industry is ever evolving and some opinions on this specific matter may change over time. So this guide will be subject to change if necessary.
How long is the typical wait period before getting paid?
It varies. Some are instant and some can take up to 90 days or more, depending on the type of client you're working with. "I understand getting spoiled with online clients that tend to pay near-instantly, but when you're dealing with companies that have accounting departments and external payroll processors, the timeline is going to be longer---usually 30-90 days.” Says Kira Buckland.
Typically the contract will state when and how you will be paid. If the contract is not clear about the payment agreements, you're well within your right to ask for more information and for the contract to be amended to include that information before you sign. For more info about contracts and all that is involved with them, check out the VAC Guide here.
Early warning signs to look out for.
Sometimes there aren't any warning signs. You could have what was thought to be a great working relationship with your client and then all of a sudden be ghosted when it comes to payment. That's why many voice actors who are new to the paid side of the industry can feel blindsided when it happens.
There are a few things you can do before auditioning or agreeing to work with a new client, such as checking their background – do they have an online presence/are they active on social media? Do they have a record of finishing projects? Is their current casting call well developed or is there a lot of information lacking? Are they transparent about how they will pay you? What do your peers say if you mention the indie client's name? And most importantly, are they open about answering any questions you have for them about the work?
Granted, they don't have to check every box, but if something seems off to you, follow your instinct. “If you are auditioning for an indie production that is a little dicey, get your money first. If you can’t do that, go in with an exit plan for how much work you will do before washing your hands.” Says Bindy Coda. You can also be the one to have a contract on hand and have it tailored for the specific client for them to sign.
Other ways to reach out to the client if they are not responding to the main form of contact they had with the voice actor.
If the client is not responding to your invoice and/or inquiry about payment right away, do not panic. There can be any number of legitimate reasons why they are not responding. The person you're talking to could have fallen ill, had a family emergency, or be on temporary leave and forgot to give their team members all the necessary information, etc. “They may be trying to pay you as soon as they have the cash flow, and it may be taking longer than they intended. If there is more than one individual involved, such as a company, find other contacts within that company. Be polite and assume that things are more likely to fall through the cracks or the client to be having serious financial trouble than them trying to trick you.” Says Natalie Van Sistine.
You can also try other contact methods, for example, if they aren't responding to emails, you can try private messaging them on the social media they use in association with the project, or you can give them a call if they have a business phone number associated with the project.
If there was no contract signed, i.e. there was an informal agreement initially thought to have been made in good faith (this is usually done when the payment is small and/or for a friend).
Even without a contract signed, you can still send an invoice after the recording was sent. You can keep on sending invoices (and even attach a screen shot of the agreement if was over written correspondence) until the they send you the payment owed. “If it is something for a “friend” and it goes sideways, you do the same thing when a “friend” stops being a friend. When you give anything to friend/family, assume you’ll never get anything in return.” Also says Bindy Coda.
Some voice actors include late fees after 90 days or so, but some clients may dispute it (and this can potentially burn bridges), so the use of including late fees would be at your discretion. If you decide to do so, make sure the client knows before you include it, it's unwise to spring it on them right when you send the invoice! For more info about invoices and all that is involved with them, check out the VAC Guide here.
Payment disputes: the client underpaid; decides they want a refund after X amount of time; or wants you to do a weird process of odd money orders than involve paying a third party first, etc.
If the client is giving reasons of why they underpaid that seem ridiculous, you can remind them of the contract and what both of you initially agreed upon. If the client is still refusing to pay the rest of the payment owed, then it is up to the you whether to take legal action or to let the whole thing go. “Consider whether that extra amount is worth potentially compromising your relationship with the client. Sometimes, it is, especially if the amount is significant! But - for example - if you are locked into a dispute with someone over an extra $50, there's a point where it might be better to just cut your losses and move on.” Also says Kira Buckland.
If the client is requesting a refund, that will be up to you. Keep in mind that a contract is legally binding (provided that both parties are the age of 18 or older), so if your services was initially accepted and the client changed their mind later on for any reason, you're not obligated to give a refund. If they end up harassing you, you're allowed cut contact and block their accounts if deemed necessary. “If you handle yourself with class and professionalism, while still being firm about what you were asking for, no one can really fault you for that. It can also work as a de-escalation tactic if the client starts being rude or insulting. Save all correspondence about the job in case you ever need documentation for whatever reason.” Also says Kira Buckland.
If the client is asking you to do odd tasks first, such as requiring odd money orders i.e., being 'overpaid' for a job with the instructions to give the excess money to a third party first – it is likely a scam. Most legitimate jobs will pay either via PayPal, a mailed paper check, or direct deposit/bank transfer.
For more info about scams and all that is involved with them, check out the VAC Guide here.
When to take legal action.
In all honesty, it's very difficult to pursue legal action against a client that refuses to pay. There are costs of travelling, legal fees, and other miscellaneous costs that may equal or become more expensive than the cost of the payment owed. If it's something that's several hundred or even thousands of dollars (usually a voice actor would be union or union-eligible at that point and can use the resources from SAG-AFTRA for help), then it may be worth pursuing. “It costs money to pursue legal action, so make sure whatever it is is worth the time and money for court. You can’t get blood from a stone, so if you are getting ripped off on small amounts it is unlikely you’ll get anything back with legal action.” Also says Bindy Coda.
Oftentimes, however, a well-crafted professional response of needing to take legal action is enough for a client to pay you, without you having to physically go through the steps of taking said legal action.
At what point does the refusal of payment need to be let go, i.e. coming to accept that the voice actor will never be paid? What happens then?
When all other methods have been exhausted and a significant amount of time has passed (around a year) without cooperation from the client. “9-12 mos. Final notice, report to credit bureau. Write off as bad debt. You can go after people, but if they ain't GOT money, you ain't gonna GET money. Let it go.” Says Duffy Weber.
As much as it hurts to feel exploited and used this way, if a client is not going to pay after all this time and effort you have put in to get them to cooperate, it's very likely that they never will pay. “...You move on. Don't do business with them again, and if a friend asks about them, be honest about your experience. That's the best you can do.” Says CB Droege.
One possible silver lining, however, is that if you're working regularly enough in the industry where voice over is your primary source of income (i.e., pays the bills), then what you can do is write off the work as bad business debt to the credit bureau*, so that way you do not have to pay taxes for income that was not received.
*This may vary depending on where you live and if you need to pay for big expenses such as renting something that relates to your business. Always consult professionals in your area first to see if this is something that you are able to do. If it is not possible, you will very likely have to accept the loss and never work for that particular client again.
When is it okay to go to social media to call out a client for not paying?
It's almost never worth it. A voice actor is not only just representing themselves, they're representing their business on social media. While it may feel good to “stick it to the client” to try and shame them into paying, it very, very rarely ends well. Once a call out is posted online, you no longer have any control of who witnesses it – some of which could have been amazing potential clients that decide not risk the liability. "If you are trigger happy on petty complaints, that’s a risk that you might be trigger happy when there is a perceived slight for anything. Nobody wants their product associated with drama.” Also says Bindy Coda. It also very easily devolves into dog piling and bullying the client from people who are not directly involved with the situation, which makes their behavior no better than how the client was accused of behaving. “Because any professional who's been in ANY business more than a couple years learns that a bad client is just that - a bad client. You don't gripe about it publicly, because as a professional YOU need to be the one with the decorum...You HAVE to trust yourself to stand on your own.” Also says Duffy Weber.
Call outs are very big deal and have serious consequences that come with it – there's a possibility of not only irreparably damaging the client's business, but your own as well, even if you feel like you were in the right.
Originally, call outs were meant to warn the public about people who are actively harming others in the community, i.e: sexual predators/groomers, abusers, and criminal offenders. If call outs are normalized over smaller situations, they will lose their impact. So if the time comes when someone really, truly needs to make a justified call out, the respective audience may respond with indifference. “Pretty much everyone I know who has had a client shirk them has just let the situation go. I've never seen a time where making a social media call out is necessary to be completely honest. Shy of sexual harassment, assault, doxxing, or something of that significance (not just bad business) I think it is wholly inappropriate.” Also says Natalie Van Sistine.
This is not to say not to hold clients accountable for their actions and let them walk all over you and your fellow voice actors, they should absolutely be 100% held accountable, but it has to be done smartly. All other options of resolving the situation have to be exhausted first – there are ways to hold an client accountable without resorting to a call out, as this guide explains.
You can also absolutely let your friends know still, but in private. “Posting about it on twitter is essentially saying " LOOK AT ME AIRING DIRTY LAUNDRY." Posting it here (privately among peers) is "buyer beware." Says Yee.
If you feel like you're at the end of your rope, you cannot let the payment dispute go, and that a call out feels like the only thing left that you can do, then please heavily consider if it's really worth it, the risk of a potential fall out that can come with it and if you're OK with that. “There are practical risks to consider: If you call someone out and they decide to fight back, the winner is not going to be the person with the best case to lay out. It will always be the person with the most/loudest followers. This is not a good way to settle disputes.” Also says CB Droege.
For info about social media and how to use it smartly, check out the VAC guide here.
And that concludes this guide! Thank you for reading and hopefully the knowledge and advice shared here has been of help to you in some way and how to conduct yourself in a professional matter when it comes to this situation.
A huge thank you to Bindy, CB, Duffy, Kira, Natalie, and Yee for their contributions to this guide, it wouldn't have been possible to write it without you.
Comments and discussion about this topic are welcome below. VAC also has a discord server - feel free to join as we are super active there and are happy to answer all sorts of voice acting-related questions.
- Brittany, VAC Moderator
But what happens if a client from an indie project decides not to pay you after recording has been wrapped up?
While it's an extremely unfortunate and all around gross situation, all fields, voice over-related or not, deal with profits and losses – it comes with the territory of running one's own business. When a voice actor agrees to work with a client, there is always a tiny risk that will happen, but a risk nonetheless.
There are various options to take in these situations and a number of voice actors that work professionally in the industry have provided their input as well.*
*Note: the professional industry and the indie community have different ideas of what steps need to be taken in this situation, however, many of these steps overlap. For those who want pursue voice acting in some level of professional endeavor, this guide is written as a helpful resource for you.
*2nd Note: The voice over industry is ever evolving and some opinions on this specific matter may change over time. So this guide will be subject to change if necessary.
How long is the typical wait period before getting paid?
It varies. Some are instant and some can take up to 90 days or more, depending on the type of client you're working with. "I understand getting spoiled with online clients that tend to pay near-instantly, but when you're dealing with companies that have accounting departments and external payroll processors, the timeline is going to be longer---usually 30-90 days.” Says Kira Buckland.
Typically the contract will state when and how you will be paid. If the contract is not clear about the payment agreements, you're well within your right to ask for more information and for the contract to be amended to include that information before you sign. For more info about contracts and all that is involved with them, check out the VAC Guide here.
Early warning signs to look out for.
Sometimes there aren't any warning signs. You could have what was thought to be a great working relationship with your client and then all of a sudden be ghosted when it comes to payment. That's why many voice actors who are new to the paid side of the industry can feel blindsided when it happens.
There are a few things you can do before auditioning or agreeing to work with a new client, such as checking their background – do they have an online presence/are they active on social media? Do they have a record of finishing projects? Is their current casting call well developed or is there a lot of information lacking? Are they transparent about how they will pay you? What do your peers say if you mention the indie client's name? And most importantly, are they open about answering any questions you have for them about the work?
Granted, they don't have to check every box, but if something seems off to you, follow your instinct. “If you are auditioning for an indie production that is a little dicey, get your money first. If you can’t do that, go in with an exit plan for how much work you will do before washing your hands.” Says Bindy Coda. You can also be the one to have a contract on hand and have it tailored for the specific client for them to sign.
Other ways to reach out to the client if they are not responding to the main form of contact they had with the voice actor.
If the client is not responding to your invoice and/or inquiry about payment right away, do not panic. There can be any number of legitimate reasons why they are not responding. The person you're talking to could have fallen ill, had a family emergency, or be on temporary leave and forgot to give their team members all the necessary information, etc. “They may be trying to pay you as soon as they have the cash flow, and it may be taking longer than they intended. If there is more than one individual involved, such as a company, find other contacts within that company. Be polite and assume that things are more likely to fall through the cracks or the client to be having serious financial trouble than them trying to trick you.” Says Natalie Van Sistine.
You can also try other contact methods, for example, if they aren't responding to emails, you can try private messaging them on the social media they use in association with the project, or you can give them a call if they have a business phone number associated with the project.
If there was no contract signed, i.e. there was an informal agreement initially thought to have been made in good faith (this is usually done when the payment is small and/or for a friend).
Even without a contract signed, you can still send an invoice after the recording was sent. You can keep on sending invoices (and even attach a screen shot of the agreement if was over written correspondence) until the they send you the payment owed. “If it is something for a “friend” and it goes sideways, you do the same thing when a “friend” stops being a friend. When you give anything to friend/family, assume you’ll never get anything in return.” Also says Bindy Coda.
Some voice actors include late fees after 90 days or so, but some clients may dispute it (and this can potentially burn bridges), so the use of including late fees would be at your discretion. If you decide to do so, make sure the client knows before you include it, it's unwise to spring it on them right when you send the invoice! For more info about invoices and all that is involved with them, check out the VAC Guide here.
Payment disputes: the client underpaid; decides they want a refund after X amount of time; or wants you to do a weird process of odd money orders than involve paying a third party first, etc.
If the client is giving reasons of why they underpaid that seem ridiculous, you can remind them of the contract and what both of you initially agreed upon. If the client is still refusing to pay the rest of the payment owed, then it is up to the you whether to take legal action or to let the whole thing go. “Consider whether that extra amount is worth potentially compromising your relationship with the client. Sometimes, it is, especially if the amount is significant! But - for example - if you are locked into a dispute with someone over an extra $50, there's a point where it might be better to just cut your losses and move on.” Also says Kira Buckland.
If the client is requesting a refund, that will be up to you. Keep in mind that a contract is legally binding (provided that both parties are the age of 18 or older), so if your services was initially accepted and the client changed their mind later on for any reason, you're not obligated to give a refund. If they end up harassing you, you're allowed cut contact and block their accounts if deemed necessary. “If you handle yourself with class and professionalism, while still being firm about what you were asking for, no one can really fault you for that. It can also work as a de-escalation tactic if the client starts being rude or insulting. Save all correspondence about the job in case you ever need documentation for whatever reason.” Also says Kira Buckland.
If the client is asking you to do odd tasks first, such as requiring odd money orders i.e., being 'overpaid' for a job with the instructions to give the excess money to a third party first – it is likely a scam. Most legitimate jobs will pay either via PayPal, a mailed paper check, or direct deposit/bank transfer.
For more info about scams and all that is involved with them, check out the VAC Guide here.
When to take legal action.
In all honesty, it's very difficult to pursue legal action against a client that refuses to pay. There are costs of travelling, legal fees, and other miscellaneous costs that may equal or become more expensive than the cost of the payment owed. If it's something that's several hundred or even thousands of dollars (usually a voice actor would be union or union-eligible at that point and can use the resources from SAG-AFTRA for help), then it may be worth pursuing. “It costs money to pursue legal action, so make sure whatever it is is worth the time and money for court. You can’t get blood from a stone, so if you are getting ripped off on small amounts it is unlikely you’ll get anything back with legal action.” Also says Bindy Coda.
Oftentimes, however, a well-crafted professional response of needing to take legal action is enough for a client to pay you, without you having to physically go through the steps of taking said legal action.
At what point does the refusal of payment need to be let go, i.e. coming to accept that the voice actor will never be paid? What happens then?
When all other methods have been exhausted and a significant amount of time has passed (around a year) without cooperation from the client. “9-12 mos. Final notice, report to credit bureau. Write off as bad debt. You can go after people, but if they ain't GOT money, you ain't gonna GET money. Let it go.” Says Duffy Weber.
As much as it hurts to feel exploited and used this way, if a client is not going to pay after all this time and effort you have put in to get them to cooperate, it's very likely that they never will pay. “...You move on. Don't do business with them again, and if a friend asks about them, be honest about your experience. That's the best you can do.” Says CB Droege.
One possible silver lining, however, is that if you're working regularly enough in the industry where voice over is your primary source of income (i.e., pays the bills), then what you can do is write off the work as bad business debt to the credit bureau*, so that way you do not have to pay taxes for income that was not received.
*This may vary depending on where you live and if you need to pay for big expenses such as renting something that relates to your business. Always consult professionals in your area first to see if this is something that you are able to do. If it is not possible, you will very likely have to accept the loss and never work for that particular client again.
When is it okay to go to social media to call out a client for not paying?
It's almost never worth it. A voice actor is not only just representing themselves, they're representing their business on social media. While it may feel good to “stick it to the client” to try and shame them into paying, it very, very rarely ends well. Once a call out is posted online, you no longer have any control of who witnesses it – some of which could have been amazing potential clients that decide not risk the liability. "If you are trigger happy on petty complaints, that’s a risk that you might be trigger happy when there is a perceived slight for anything. Nobody wants their product associated with drama.” Also says Bindy Coda. It also very easily devolves into dog piling and bullying the client from people who are not directly involved with the situation, which makes their behavior no better than how the client was accused of behaving. “Because any professional who's been in ANY business more than a couple years learns that a bad client is just that - a bad client. You don't gripe about it publicly, because as a professional YOU need to be the one with the decorum...You HAVE to trust yourself to stand on your own.” Also says Duffy Weber.
Call outs are very big deal and have serious consequences that come with it – there's a possibility of not only irreparably damaging the client's business, but your own as well, even if you feel like you were in the right.
Originally, call outs were meant to warn the public about people who are actively harming others in the community, i.e: sexual predators/groomers, abusers, and criminal offenders. If call outs are normalized over smaller situations, they will lose their impact. So if the time comes when someone really, truly needs to make a justified call out, the respective audience may respond with indifference. “Pretty much everyone I know who has had a client shirk them has just let the situation go. I've never seen a time where making a social media call out is necessary to be completely honest. Shy of sexual harassment, assault, doxxing, or something of that significance (not just bad business) I think it is wholly inappropriate.” Also says Natalie Van Sistine.
This is not to say not to hold clients accountable for their actions and let them walk all over you and your fellow voice actors, they should absolutely be 100% held accountable, but it has to be done smartly. All other options of resolving the situation have to be exhausted first – there are ways to hold an client accountable without resorting to a call out, as this guide explains.
You can also absolutely let your friends know still, but in private. “Posting about it on twitter is essentially saying " LOOK AT ME AIRING DIRTY LAUNDRY." Posting it here (privately among peers) is "buyer beware." Says Yee.
If you feel like you're at the end of your rope, you cannot let the payment dispute go, and that a call out feels like the only thing left that you can do, then please heavily consider if it's really worth it, the risk of a potential fall out that can come with it and if you're OK with that. “There are practical risks to consider: If you call someone out and they decide to fight back, the winner is not going to be the person with the best case to lay out. It will always be the person with the most/loudest followers. This is not a good way to settle disputes.” Also says CB Droege.
For info about social media and how to use it smartly, check out the VAC guide here.
And that concludes this guide! Thank you for reading and hopefully the knowledge and advice shared here has been of help to you in some way and how to conduct yourself in a professional matter when it comes to this situation.
A huge thank you to Bindy, CB, Duffy, Kira, Natalie, and Yee for their contributions to this guide, it wouldn't have been possible to write it without you.
Comments and discussion about this topic are welcome below. VAC also has a discord server - feel free to join as we are super active there and are happy to answer all sorts of voice acting-related questions.
- Brittany, VAC Moderator
I’m a female voice actor with a High pitched, normal and robotic voice and I can also do British accents! I do murder drones and I could try any other and I can follow scripts! Send me an email if you need me! (Mahatareq09@yahoo.com)