Question from a reader:
I requested an illustration, but I’m in trouble because I haven’t received any response at all. At the beginning of May, I sent an email to an illustrator to make a request. Initially, we exchanged messages several times regarding the desired delivery date in May and the price estimate, and I made a payment in late May
as it was a prepaid system. At that time, I received a message saying, “I can meet the deadline,” so I trusted them and transferred the money. However, after that, communication ceased, and despite regularly reaching out for almost a month, I have not received any response. Looking at their social media, it seems they are receiving many messages unrelated to my request, and they mentioned that it is taking time to reply. However, I think a month is far too long. Recently, seeing them post many celebratory illustrations for their favorites made me feel sad, wondering if I am being ignored. I also sent an email requesting cancellation and a refund, but there has been no response to that either. Since I have already paid, I can’t just back down, and I’m at a loss as to what to do. I’m getting tired of reaching out repeatedly. In the worst-case scenario, should I consider legal action? I don’t know how to go about it, but would it be difficult to execute if I decided to do so?
Introduction
Troubles during the process of illustration requests are not uncommon in the creative industry. When faced with such situations, considering legal action often becomes an unavoidable option, but it is also crucial to take into account the processes, psychological, and ethical aspects leading up to that point. This article will analyze the issues faced by the requester from multiple angles and propose specific solutions.
Legal Background and Contract Law
Creative work like illustration requests is fundamentally established through contracts. The expressions of intent and agreements between the requester and the illustrator are typically made verbally, via email, or in writing. In this case, the requester expects the illustrator to provide a specific piece of work and made a payment in advance. Therefore, the following legal perspectives become important.
Formation and Breach of Contract
A contract is established through mutual agreement. If this agreement is not fulfilled, a breach of contract occurs. The requester can assert a breach of contract due to the illustrator’s failure to deliver the work. Article 415 of the Japanese Civil Code recognizes the “right to claim damages based on non-performance of obligations,” allowing the requester to claim specific damages (in this case, the amount paid).
Options for Legal Action
If there is still no response from the illustrator, the following options for legal action can be considered: 1. Sending a registered letter: It is important to clearly communicate the request and refund demand through a registered letter. This can increase the likelihood of smoother legal proceedings later on. 2. Consulting a consumer center: By consulting a local consumer center, appropriate advice may be received. Since support from experts is available, it would be good to contact them first. 3. Considering legal proceedings: As a last resort, one can consider small claims court or civil litigation. However, lawsuits can be time-consuming and costly, so careful consideration is necessary.
Analysis from a Psychological Perspective
The problem faced by the illustration requester is not just a matter of contract non-fulfillment; it also involves psychological stress. Analyzing this issue from a psychological standpoint reveals the following aspects.
Conflict of Expectations and Anxiety
The requester may feel a sense of expectation while also experiencing anxiety through communication with the illustrator. Particularly, seeing celebratory illustrations for their favorites being posted as other works can naturally lead to feelings of being ignored regarding their own request. Such anxiety can potentially affect the requester’s mental health.
Emotional Management and Stress Coping
In such situations, managing emotions is crucial. The following measures can be effective: 1. Maintaining calm judgment: It is important to accurately grasp the information. By analyzing the situation calmly without becoming emotional, it becomes easier to decide on the next steps. 2. Seeking support: Consulting friends or family can help alleviate psychological burdens. Listening to the stories of others who have had similar experiences can also provide emotional support. 3. Focusing on other hobbies: Spending time on hobbies or things one enjoys can help reduce stress.
Ethical Considerations
The illustrator is also required to consider ethical aspects. As they have accepted the request, they have a responsibility to respond sincerely to the requester. Especially when they have received payment in advance, the obligation to meet that trust becomes even stronger.
Building Trust in the Creative Industry
For illustrators, trust is essential in building relationships with requesters. Acts that betray trust can have negative impacts on the entire industry, so caution is necessary.
Industry Regulations and Application of Law
The entertainment industry is subject to various laws regarding copyright and contracts. Understanding these laws is necessary knowledge for requesters as well.
Understanding Copyright
When illustrations or designs are completed, copyright is automatically generated. Therefore, it is necessary to clarify the requester’s rights to use the work in the contract.
Practical Advice
To resolve the issues faced by the requester, the following specific steps are proposed. 1. Keep written records: It is important to retain evidence of email exchanges and payments. This can be useful as evidence later on. 2. Attempt to contact calmly: While trying to reach out regularly, it is important to do so calmly without becoming emotional. Keeping in mind the other party’s situation, it is essential to maintain polite language. 3. Consult an expert before considering legal action: By consulting a legal expert and explaining one’s situation in detail, there is a higher chance of receiving optimal advice.
Conclusion
The troubles arising from illustration requests are complex situations intertwined with legal, psychological, and ethical issues. It is important for the requester to respond calmly and consider legal action if necessary. At the same time, managing emotions and seeking support are also crucial. Ultimately, ethical behavior is required to build trust within the entire industry, which should not be forgotten. When faced with this issue, how to respond is left to the requester’s judgment, but by taking appropriate steps, the likelihood of resolving the problem can be increased. If readers have had similar experiences, please feel free to share your opinions and experiences.
