Rare Magazine’s New Publisher Taylor Perkins Has Issues

ARTIST’S RIGHTS

A contract is a binding legal agreement that is enforceable in a court of law. That is to say, it is an exchange of promises for the breach of which the law will provide a remedy…

This summer, I’ve taken a short sabbatical from the Sugarluxe Blog so that I could dedicate ALL of my creative energy to compose my newest art series.  Perhaps my early work as a corporate trainer and curriculum developer wired my brain to want to facilitate the learning process in others.

The hardest part about teaching from experience, however, is that it often means I must expose my own personal pain to impart the lesson.

So, the question always is – do I reveal the drama with the intent and possibility of helping others?  Or should I keep it tucked away and focus solely on the needs of my company?  When you’ve built a solid reputation, these considerations are always at the forefront of your mind.

Truthfully,  it’s a bit of a dilemma. I’ve built a brand based on the proliferation of sweetness and beauty.  But the reality is  – sometimes – business is just not pretty.

Today, I made that tough decision to put myself on the line.  If it helps just one artist, or one entrepreneur, designer, musician or anyone else that will ever face the challenge of what to do when someone willfully disregards contractual obligations – then it’s worth it to me to share this with you.

INKING THE DEAL

In early January 2009, I was approached by the (former) editor of Rare Magazine, Carrie Crowe.  She wrote to me to inquire about doing a Featured Artist series for their November Fashion Issue.

Despite my affection for the magazine…I had no availability.   I was already working on some new art for 09…but I would in no way have time to do 10 new pieces.

But here’s the thing:  Carrie, a highly respected editor, and her (former) publisher and the Founder of Rare Magazine, Matt Swinney, a much-loved, media savvy entrepreneur – have a way of appealing to people through their genuine passion for their own work and for those whose work they’ve selected to feature.  It’s a very symbiotic thing for businesses when mutually beneficial, long-term relationships evolve into friendships.

After some negotiating of the terms, and Carrie skillfully, yet sweetly convincing me of the many ways in which I could use the issue to support and promote my newest work, we struck a deal.  And despite the reciprocal admiration that has developed over the years…when it comes to Sugarluxe and the rights to my work…I’m all business.

Contracts are a necessity.  Defining expectations – on paper – is a mandatory part of being a professional artist.  Reading agreements, understanding the language, negotiating terms and when necessary, seeking the advice of good counsel, are as much, if not more, the duties that fill my day, as are the creative aspects to my job.

Sound sort of un-fun?  It is.

Yet, after you get through the discomfort of considering all of the what-ifs – should things go south – the anticipation is that each party will meet their obligations as outlined in the contract…and everyone WINS.

I signed my latest contract with Rare Magazine on February 3, 2009.

THE BAD NEWS

On June 15, 2009, I received an email from Carrie.  Both Matt and Carrie were no longer with Rare Magazine.  It was with a heavy heart that I accepted their departure and then went about furiously researching online to find out what went down.

I quickly learned from a local blogger that someone by the name of Taylor Perkins bought out Matt’s share earlier in the year and that Carrie was now a casualty of Taylor’s quest to “bring in fresh blood.”  Spoken like a true ax-man.

So, within an hour of hearing the news, I wrote to introduce myself to Taylor.  100% certain that Carrie handed off all the necessary documentation because she is about the MOST organized woman I know, it was more of an inquiry to find out about the state of Rare.  Would this magazine still be in existence come November 2009?

You see, I’d already invested a month of my time just working out the sketches for the Fashion Issue.  It was not the original theme or direction I had envisioned for my newest art…until I signed that contract. So it became the required foundation upon which this new work would be created.

So I write:

Hi Taylor,

I hope your Monday is off to a great start.

I’m sure you are juggling so many things right now, but I just wanted to check in with you to see how things are going since learning of Carrie’s departure.

Sugarluxe is slated for your November issue…therefore, I thought it imperative that I find out if everything is still going ahead as planned.  Is there ANY chance that Rare won’t be around come November – or for that matter, September 1st when my work is due to you?

If you could please confirm that everything is moving forward as planned, I would be MOST appreciative.  I am very happy to complete my assignment for Rare.  I just needed to touch base for clarification.

Thank you so much and I look forward to hearing back from you.

Chandra

An hour later, Taylor responds:

Yes, everything is fine with Rare. Nothing is changing, we’re just getting some new blood in the office over here. I bought Matt out, and with changes comes changes. It’s going to be exciting to see, we have a lot of great things planned for the magazine and the events that we do.

Um …yeah, okay.  That sounded as direct and coherent as a Gary Busey quote – “Nothing changes like changes, because nothing changes but the changes”.

As the beginning of August drew near (T minus 30 days and counting until my deadline) I thought it time Taylor and I set up a date to review the work. This way, the designer at the magazine could get an idea of the look/feel and color palette of my artwork in preparation for the layout.   I wrote to Taylor on August, 1, 2009.  The email went completely unanswered.  So on Friday, August 14th, I tried reaching him by phone.

A sales rep answered, said Taylor wasn’t available to talk, told me there was a new editor in place and someone would get back to me that afternoon.

The following Monday I receive this much more polished and professional email from the new Editor, Caitlin Ryan:

Hi Chandra,

It’s great to ‘meet’ you over email!  I’ve heard so many wonderful things about you from the staff now at Rare.

Meredith sent me a note saying that you had called touching base regarding November Fashion art.  That there had been an agreement put in place previously.  When I came in (just last week!), I combed through any documents I could find and I did not see anything like this, so I went ahead and assigned November in an effort to get ahead of the game.  I am SO sorry, Chandra.  I understand that you felt a crunch for time, so perhaps this could serve as a bit of a stress reliever.  I would definitely love to feature you, however.  Just have to check and see if you were featured in last year’s fashion issue.

Again, I really apologize.  We were left with very little guidance as far as what was promised to people, and I’m doing my absolute best to do right by all of our contributors.  I know, though, that this wont come without any disappointments along the way.  Please let me know if there is anything I can do for you!

My best,
Caitlin

Despite the fact that I didn’t like the obvious direction this was heading (and at this point, I’d worked 16-18 hour days for the last 30 days straight in order to get all this work done, so was hardly in the mood to be placated) I still respected Caitlin’s diplomacy.

Hi Caitlin!

Thank you for your quick reply. You are so sweet!!

I read your email, but am forwarding my reply on an old email exchange with Taylor on June 15th. This is where I introduced to Taylor that I had a contract with Rare and was slated for your November issue – just in case there were any questions.  So, he was made aware as soon as word was out that Carrie had left her position.

My contract was signed with Rare Magazine on 2.03.09.

Yes, more time would have been great and I truly appreciate your offer.  However, so that I would not be in breach of our contract when I did not hear back from Taylor asking for an extension to complete (sent on 8.01.09 with no response back from Taylor)…I have worked around the clock to finish this series for your Nov issue.

In addition, it has already been promoted to my fan/customer base, so the time, energy and cost (in addition to our agreement in place since February) means I need to go ahead and do November as planned.

I’m sure any artist that you recently selected will understand when they realize you have a contract in place already.

Please let me know details of when we need to go to print and I look forward to receiving the interview questions…

Thanks so much!!
Chandra

And then another 7 days go by with no response from anyone at Rare.

Monday, August 24th, I’m asked to send in my artwork for review.

At first, this seems insignificant.  One might think…yay, it’s settled.  We’re moving ahead without things getting messy.  But never, ever send completed work to someone who hasn’t confirmed they are going to honor their contractual obligations.

Since they are local, I asked for a face to face meeting.

Hi Caitlin,

It’s nice to hear back from you.  I was concerned about not receiving a return response after my email last week.  So, thank you.

Given the fact that there has been some misunderstanding or miscommunication during the transition between owners at Rare, I’d greatly appreciate the opportunity to come meet with you just to have everything squared away.

I’m happy to bring copies/prints of my artwork as all are not all scanned/digitized yet.

When are you available this week?  I just returned to town from a funeral, so getting caught up and can’t do it tomorrow.  But Wednesday afternoon works for me.  What about you?

Thank you,
Chandra

The meeting was then pushed to Thursday…enough time for me to consult my advisors and prepare for whatever was ahead.  I elected to not take anyone into this meeting with me because I don’t like to get all top-heavy when it could just be a simple, friendly meeting of the minds.  The decision to go alone is probably my biggest regret.

Three on one – for the next two hours, I faced a barrage of pointless interruptions from Taylor and although I tried to joke and lighten the air, it was heavy with disdain. Particularly when he started to talk about his former partners and associates, even recent cover artists.  In fact, the things he shared were so out of line, inappropriate and unprofessional…I was shocked.

Keep in mind, this is all while he lavished upon me proclamations of love and adoration for my work.  Never let your stroked ego get in the way of seeing someone’s true colors.

I know so many artists in this town.  In fact, I know so many artists around the world.  To insult anyone in my profession is an insult to me.

I returned to the studio.  Disgusted.

By the end of the day on Friday, I expected to have confirmation that we were indeed on track.  It was less than three days from the drop dead deadline and nothing.

I write to the entire team:

Hey guys,

Thanks for your time yesterday.

To cut to the chase, I’m pretty much done killing myself on this project – so I need an answer today.  Are you going to honor the legal agreement I have with Rare Magazine?  Regardless of the change in ownership, the contract is still valid.

What is your decision?

Thank you,
Chandra

Knowing that the law is on my side, I remained hopeful that he would do the right thing.

Four hours later,  Taylor wrote back.  To summarize:

He tried to appease me with an offer for a small editorial piece and to host my art opening in Austin (please read: a thinly veiled attempt to make more money off of my work while giving me nothing provided for in our contract).  Not the cover.  Not the featured artist with 8 interior sections and the two page picture/interview profile as the agreement stipulates…

A BAD DECISION

But here’s what absolutely bothered me the most…he thinks I’m stupid.

He has the nerve to try to appear as if he’s an artist’s advocate when he writes:

The direction of the magazine is changing drastically under the new management and ownership. One of them is to not repeat a cover artist that we have already showcased, as we feel there are so many amazing artists out there that deserve a shot.

Here are THREE problems with that argument -

First, we have a contract so the point that I have been featured in the past (Dec. 2007) is irrelevant.  Nice try, though.

Second, Sugarluxe was not showcased like many winners after winning the top spot in Reader’s Poll in June 2009 when Sugarluxe was voted Best Artist (this was a fair decision on Carrie’s part due to the fact that in November, I would have a huge presence in the magazine with the Featured Artist spot and cover).

Third, the way Taylor responded in this situation demonstrates his true motives and ethics in regards to helping artists.  He can SAY whatever he wants…but actions are everything.

Popular artists or yet unproven, you start by respecting contractual obligations with ALL artists.

He was in breach of the contract.  And contracts are in place to protect people.

So it all boils down to this…

Publicity is nice.  It’s great to be recognized and I’ve worked very hard to complete my assignment for Rare Magazine.  I’m proud of the work and I’m so thankful to Carrie and Matt who provided the direction and inspiration behind the new series.

But every situation requires some strategic analysis and if you’re anything like me, you work to minimize the brain damage.

The appropriate thing here was to disengage and to do so quickly. I will not compromise my values for a little bit of press. I will not work with someone whose true motives are questionable at best.

Dear Taylor:

Your:
1. Reputation of not delivering on your promises (think about your latest events if you’re uncertain as to my reference)

2. Lack of professionalism (by speaking so negatively and out of turn about your former associates and cover artists)

3. Poor decision making (not honoring a clearly legal and binding contract)

have resulted in my immediate need to retract all permissions or rights of usage to any of my artwork/imagery.

I will no longer take the risk of associating my brand with you.

This does not in any way make you less liable for your breach and only galvanizes my resolve to seek every remedy available to me/Sugarluxe for your actions.

The magazine, according to Taylor, has been “hemorrhaging money” and you just have to thumb through the last issue to see how many advertisers have jumped ship. In a time when the print publication industry is suffering as a whole, it’s disheartening to see someone make such a selfish, costly decision.

So much so, that part of me is tempted to dismiss him as some silly trust fund kid who just doesn’t know better.

THE FACTS

But Taylor Perkins is not dumb; he knows exactly what he’s doing. He took a calculated risk.

History seems to dictate that most artists don’t have the means, the resources, or the fortitude to put up a fight. And he assumed because I am known as being a sweet, compassionate person to work with, that I was probably a total push over, too.  Guess again Taylor.

At the end of the day – the damages are demonstrable. The documentation and law both work in my favor.

His actions present a perfect case study for creatives everywhere.  It may seem like a RARE thing to have happen, but regrettably, the practice of taking advantage of artists, writers, musicians, photographers, etc. with the assumption that they don’t have much business savvy is rampant – and it is WRONG.

So, while I determine what to do next, I need a little breather from this stress and I will simply take solace in knowing that once in awhile, and perhaps at this very moment, the pen really can be mightier than the sword.

The Facebook Quiz | Find Out: Which Sugarluxe Girl Are You?

Quite seriously? I’ve been dying to make and take this quiz for years.  Sometimes technology just has to catch up with the vision.

Before completing my undergrad degree in Psychology, I began considering what I’d like to study next (yes, I’m one of those nerdy types who loves to learn!)

Luckily, one day, bolting  across campus to gather information on both the LSAT and requirements for secondary teaching certification, I ran into one of my former professors.  He told me a little bit about his research in the Ed. Psych Department.

He was overseeing a Graduate Program with a specialty in Cognition.  After hearing just a brief description, I knew it was what I wanted to do next. 

 LEARNING and COGNITION
“Educational Psychologists who concentrate their work in these areas try to better understand the factors that influence performance and how to affect positive change.”  Quoting this description from the department itself, you can probably see how this became part of the foundation upon which I would eventually build the Sugarluxe Brand. 

Having spent two years prior to graduation helping to conduct research with another professor in the area of Abnormal Psychology, I was really looking to switch gears.  It was my last year of undergrad that most greatly impacted my direction.  I was assigned to work at a hospital about an hour and a half south of town.  I reported to the psychiatric wing once a week.  We were doing a study on schizophrenia.  I was the only female research assistant (and barely 20 years old) on an all-male patient ward.  I remember the overwhelming feeling of apprehension the first time I walked through those double doors.

ART + PSYCHOLOGY
But after acclimating to the unrelenting cat calls, it was a weirdly rewarding and life altering experience.  Namely because of one patient.

I don’t even know if this man knew I was there.  I sat next to him.  I observed him.  I tried having countless conversations with him.  But he never responded to me.  He wasn’t catatonic, he was just a bit delusional and suffering from severe hallucinations.  The deal was…he would draw the entire time.  He was quite an amazing artist and when he finished each sketch, he would talk to it as if his drawing had come to life.

Despite having a fairly profound disturbance, I found him to be fascinating and inspirational.  In fact, he affected me so deeply, I realized, I wasn’t cut out for that kind of work.  I was afraid I would never be able (and never want) to desensitize myself.

Instead of focusing on what was wrong with him, I wanted to figure out what was right. 

What had happened to this man?  Who were the people he portrayed in his art?  What motivated him to draw?  Was he always compelled to create?  How did it help him to cope with life?  Could we use his talents to facilitate treatment?

CRAZY IDEAS
Back then, I would have never dreamed that I would get to live my life doing what I do. 

In all honesty, I think I was a little scared that people might think I was delusional for thinking I could be an artist.  Or that I could build a company with very little money, based on artwork that had never been seen by anyone, with no connections in the art world, no formal art training and with the intent to spread a message of hope and optimism, especially at a time when that was so clearly against the status quo. 

Maybe THAT’S crazy?!

Just as I imagine it must have somehow helped my patient, creating art has helped me to cope with pain, confusion, and frustration.  The fact that I’ve chosen not to depict those feelings as part of the artwork itself, and merely as part of the therapeutic process it provides, doesn’t make it any less profound.  There’s far more there for those who look below the surface.

MORE THAN MEETS THE EYE
That’s why I’ve anxiously awaited the opportunity to implement a Sugarluxe Girl profile quiz. Even though there are probably thousands of quizzes on Facebook now, this one actually does have years of thought, understanding and analysis behind it.  Its influence is a product of my work itself.  The personalities that are infused into the art are drawn from the very people who continue to inspire each and every piece I make.

Part of my mission has always been to comprehend the complexity of the positive characteristics that make up our personalities and how those attributes contribute to our sense of self.  The way that I’ve tried to do that is by simplifying those wonderful traits into something visually iconic.

FUN on FACEBOOK
Does that sound too lofty and idealistic for a simple Facebook Application?  I hope not.  It takes less than 5 minutes and it’s also FUN!

I have a blast meeting up with friends/fans on Facebook.  I love seeing what you’re up to, learning about your families, looking at photos and watching the massive amounts of support that people provide one another there. 

Plus, I’d bet people agree – I’m actually a lot more light-hearted than I probably sound here.  This blog is like my diary and facebook is more reflective of my daily life. I guess it just depends on where I am at any given moment.

But that’s really my whole point.  Like the pictures that I paint, we have so many layers, don’t we?

I hope you like the first Sugarluxe Girl quiz.  More importantly, I hope you will share it with friends because the profiles, although definitely fun, are also meant to reinforce how wonderful you are – to me – and to all those who know you. 

The results I’ve seen, seem to be pretty spot on.  What do you think?  Which Sugarluxe Girl Are YOU?

 

—————————————————————  GET MOTIVATED —————————————————————

Our True Potential?

I greatly appreciate your help in this mission:  To understand our most positive personality traits, how they affect our outlook on life and by acknowledging and owning those characteristics, we can identify, and hopefully, bring out the best in others, too.

This is one way, TOGETHER, we help people discover that confidence and kindness are essential building blocks of a better life. 

7 Steps on How You Can Help:

1.  If you haven’t already done so, START by joining us on the Sugarluxe Facebook Page.

2.  Paste this link to your profile - http://www.facebook.com/pages/Sugarluxe/85019116599

3.  Next, be sure to take the Facebook Quiz - Which Sugarluxe Girl Are You?

4.  Post or even re-publish your results to your profile and invite your friends to participate too.

5.  Leave a comment here on this Sugarluxe Blog post and share the results of your quiz.

6.  Write your Facebook App Review on the Sugarluxe Quiz Application Page.

7.  Discuss ideas with other creative, compassionate, kind, charismatic Sugarluxe Friends!

LIFE is FABULOUS (and so are Moms)!

Last week, I received great news with this subject line:  FABULOUS Sugarluxe Art is in LIFE Magazine.  As usual, I couldn’t wait to call my mom.  It was an exclusive feature on Miley Cyrus.  I mean, I may never land in LIFE Magazine myself, but it still felt pretty good to see my art in the spread. 

Anyway, the only trouble is, by the time I come here onto the blog and talk about an experience, all of the effort that went into making those moments possible get lost in the mix.  People who are just starting their careers or those looking for hope amidst the economic chaos can mistakenly believe that this kind of stuff happens overnight.  How are you supposed to get inspired if it all seems like it just comes down to some twist of fate?

My mom taught me that you have to make your own luck.

Great Expectations

First, there’s obviously more to making Fabulous Art than meets the eye.  

I oversee the behind the scenes manufacturing, day to day operations, design and direction of the Sugarluxe brand.  I’m fielding a mounting number of private commissions, juggling the exchange rate with seven countries who carry the line, and trying to ensure that we continue to deliver the top notch customer service that helped to get Sugarluxe to this point in the first place. 

Plus, I’m under contract to complete my next art series by the end of August and cannot show anyone until November 1st (ugh!), and talking to a handful of gorgeous Fine Art Galleries to discuss where I might like to showcase a few of my original paintings.

Also (telling self to breathe), I’ve been spending any spare moment possible working to help pass a bill in Congress.  In fact, a few weeks ago, I had the opportunity to deliver Congressional testimony in hopes of persuading the Senate to sign this bill into law.  Last week, the bill was passed at the state level.  YAY!!! 

If , well I prefer to think – when – we get the federal bill passed, too, it will literally and positively impact millions of lives.  

It’s simple really. I believe you have to expect great things to happen.  In my first year of business, one of my friends warned me that I expected too much. 

She advised, “Expect less, so when bad situations occur, you won’t face such disappointment.  And, when good things happen, you’ll be pleasantly surprised.”

Coming off of a tremendously hard blow, I could see her reasoning.  But I respectfully disagreed. 

What’s LIFE, if it’s not to wish for great things for yourself and those you love?  Lowering expectations in an effort to avoid disappointment is defeatist at best, or worse, completely without hope.

I’ve survived my share of losses.  Sacrifices have been significant.  Conversely, I’ve been greatly rewarded too.  

My mom encouraged me to focus on the blessings in LIFE and she raised me with the belief that to whom much is given, much is expected.  She smartly added, that when much is expected, much is given, too.

I don’t mean self-entitlement.  Please don’t misconstrue my message.  Fundamentally, it’s about hope and faith.  When the bad stuff happens, and it does, it will, it’s the only guarantee, you’ll find peace of mind in knowing that something good is meant to come from it.

 Possibility Through Purpose

1. Yes, the odds are stacked against us. 
2. Yes, times are tough. 
3. Yes, we are in the midst of an economic recession. 
4. AND yes, running a business is a lot less glamorous than it seems on the surface. 

However, when you have clarity of purpose, anything is possible.  

After the hit and run accident that nearly claimed my life, my mom presented my options.   She warned me that it would be easy to use this trauma as my excuse for everything. After all, the damage was extensive and permanent.  Or I could try to make sense of it and find my purpose for living.  She said,  “It may take years of hard work before your efforts pay off , but they will.  I promise”.

Mother love is the fuel that enables a normal human being to do the impossible.  - Marion C. Garretty

P.S. - To My Mom, Happy Mother’s Day!

You are so loving, so generous, so beautiful and I’m so happy that you’re my mom.  You’ve provided guidance and discipline in just the right doses…while still allowing me to discover my own sense of self.

You instilled in me a confidence that I could accomplish anything I set my mind to and that’s been one of the greatest gifts I’ve ever been given.  You’ve never doubted my abilities, you continue to believe in me and you pray for me every day. 

Most importantly, you make me laugh all the time.  Proving to me that it was of utmost importance to be a great role model first and then later, my most FABULOUS friend. 

You have taught me so much…I love you, and I thank you.

What About Your Mom?

Please take a moment to share something FABULOUS about her.  I’d love to hear about a lesson your Mother has taught you that has positively affected your outlook on LIFE.