Is Spec Work Evil?

Is Spec Work Evil?

Spec work is a somewhat controversial topic within the web design community. In a nutshell, spec work is the term given to any piece of design work done in order to potentially win a job without actually securing it; an entrance exam, if you will.

It’s considered, by some, to be unethical because the designer works with no guarantee of gaining any yield from doing so. Let’s look further into it..


What is Spec Work, Exactly?

Speculative work is a piece of creative work that is rendered, partially or completely, without entering into a definitive agreement with a client to secure the work and ensure an appropriate payment. The process is often glorified in circumstances like a contest, in order to drive some competitive spirit and make designers do more to “win”.

Without passing any judgement at this point, it should be made clear that spec work is not secured and is majorly done without any sort of contract or agreement. Additionally, spec work does not always have an appropriate form of compensation. In fact, a lot of spec work compensation is bolstered by promises of future work and/or presented as a great force for a portfolio.

Essentially, the designer works without payment, in the hope they will win work or gain exposure. However, not everyone sees spec work as a bad thing, since it can sometimes yield future work, especially for amateur designers.

AIGA believes that professional designers should be compensated fairly for their work and should negotiate the ownership or use rights of their intellectual and creative property through an engagement with clients. – AIGA

AIGA, the professional association for design, maintains a position against speculative work, highlighting a likelihood of reduced quality in the end product and the risk of designers being taken advantage of.


Spec Work Statistics

Some designers are pretty passionate in their hate of spec wok sites and have campaigns in place against this type of practice. Spec Watch is one such campaign that collects stories of bad encounters with spec work contest sites.

Although it’s likely impossible to track every instance of spec work being done, Spec Watch does have some numbers on certain spec work-oriented sites. One, 99designs, boasts over $5,512,961 in payouts to “designers” and 2,061,258 designs submitted. If we crunch the numbers, that means each design has only been seen as worth $2.67 which is where our problems with spec work start.

Spec Watch crunches even more numbers and comes up with a figure of 232 years of unpaid designer’s work on 99designs. Of course, that time includes designs for graphics and other creative work, but there’s still the universal abundance of unpaid work which isn’t favorable for anyone who makes a living as a designer.

If, on average, each submission took 1 hour (not unreasonable once we average completion time required from reading the contest brief, developing a concept, development and sourcing, creation and uploading to the 99designs server) that represents a total of approximately two million man hours.

That is the equivalent of over two hundred and thirty years of unpaid designer time.

Spec Work goes on to calculate a whole bunch of figures that culminates in millions of dollars of unpaid man hours which kicks off all the controversy.


72 entries and counting for a $1250 “prize”.

The Risks of Spec Work

Searching Google for “speculative work” returns results that are majorly against the practice, with the top results being websites dedicated to highlighting the risks of engaging in spec work.

Let’s take a look at some of those risks…

Quality

When we look at spec work and its risks, the main ones recognized focus on the designer’s interests. However, spec work can also be a bad force for everyone.

Clients risk compromised quality in spec work because there’s no guarantee that the work the designer is doing is in any way beneficial for them. With no assurance of compensation, the dedication to the end product’s worth can be questioned deeply. Planning and thought are key to any successful design, and these can be hindered or rushed in these circumstances.

For the client, this means they end up with a sub-grade product. For the designer, it can end up being an unfortunate dent in a portfolio.

Compensation

As previously mentioned, the lack of compensation is the major controversy when discussing spec work. Ultimately, spec work results in a chance for compensation, not compensation. Basically, you work for free, and who really wants to do that?

The term compensation, however, does not necessarily correlate with money when it comes to spec work. A lot of the time, compensation is offered for spec work in the form of a chance of future employment or a chance to bolster your portfolio, clearly aimed at those desperate to get started in a creative career.

When you work for a fee, it generally reflects the amount of work involved. However, when you work for free, it doesn’t matter how much you work; you work for free.

Legal

Legal concerns should also be considered when either a designer or a client engages in spec work. There’s a big, and somewhat likely, risk for clients that spec work might be plagiarized, especially by those newer to the design field.

The promise of unpaid work is not motivating, and probably leads to much less effort in the final piece. Taking a look at this article brings up a ton of examples where “designers” have entered contests with blatantly-copied designs that have been manipulated with a derogatory result. It’s incredibly easy, without any sort of contract in place, for a contestant to copy without any of the regular, important stages of designing.

For the client, that’s bad, but designers can also get hit with legal problems too. Should you actually put effort into designing a piece of work, the lack of formal agreement means there’s nothing defining who it belongs to. Do you own it, or does the potential client? If they go ahead and use, or copy, your design, you’re likely going to lack any type of protection on your hard work.

The Research Stage

One of the most important stage of design is research, not only into the actual design itself, but also the company or organization commissioning it. Unfortunately, speculative work doesn’t really allow enough time for this, especially since most are presented in the form of a time-limited contest.

Understanding a client’s needs and compensating them with the end product makes a happy client, and a rushed design with little or no research and consultation probably isn’t going to turn out that great.

Worth

Finally, there’s an important sense of worth. Legal and monetary issues aside, your work seems worth less when it’s campaigning to win a contest. A $500 contest with 100 entries means each design is only worth $5 (five dollars you probably won’t see either), which is an insult to any good designer’s effort and time.


A case study listed on 99design’s website where a price of $809 was offered and 87 designs were received. When we do the calculations, that means each design was only valued at $19.30.

Are There Any Pros?

We’ve looked at the downsides for designers and clients, let’s take a moment to look at the positives.

Being completely honest and just, there’s probably is only one advantage to spec work and that’s for the client. The client gets a choice of a bunch of different designs from a bunch of different designers for no more than the cost of one design from one designer. Pretty great, huh? Of course, that is conflicted by the ethics, compromised quality and plagiarism risk.


Pro Bono

It’s really important we don’t confuse spec work with pro bono work, however. Pro Bono, latin for “for the public good”, is work undertaken with little or no compensation, very much intentionally, and, like spec work, it’s done in the hope for future employment. The difference between pro bono work and spec work comes down to worth. While the latter competes with other designers for a common goal, pro bono work maintains its full worth and value, but voluntarily surrenders it.

Pro bono work can also be a great way to augment your portfolio since it allows a designer to show off their skills when paid work is dry, doing so without risking any of the points in the previous sections.

Of course, pro bono work can be a great donation too. It’s how a lot of small charities get their web designs, and other smaller businesses can benefit from your talent. Both parties win, and there’s no third party who loses out yet through unrewarded efforts.


Conclusion

Spec work is a very controversial topic, shunned by most designers because of the very reasons we listed in the risks section. Unfortunately, there is a dark truth to the world of speculative work in the countless hours and millions of dollars of unpaid work that is taken in the hope that it will ensure future compensation, but has a small chance of doing so.

In my personal opinion, the disadvantages of spec work definitely outweigh the bonuses. Even though, for “freshmen”, it can be a simple way of finding new projects, it’s probably better to bolster a portfolio with pro bono and/or charitable work to get some real clients in the future, not ones who take advantage of, and patronize your work.


Further Reading

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  • SJN

    I agree there is some controversy on this topic, but spec work really favours skilled and dedicated designers. And in this industry i don’t see that as such a bad thing with all the bad designing floating around. It might even help the real designers get more recognition and payment due to eliminating non-serious people.

    • SeanDL

      True, recognition and payment can come from doing these contest, but you can do that without doing spec work for companies that can pay(much more), but decided to go cheap.

      There are plenty of charities and non-profits you can work for free and get recognition and payment from and you ‘d be doing more good then doing a contest for coke.

      Sure, these places don’t have that same name brand recognition, but like I said, its better to do good, then to do good work.

  • Upsaliensis

    I find the whole idea of this rather repulsive. Feels like going backwards.

  • http://www.justforthealofit.com/ TheAL

    On one hand, I can see why clients ask for samples. I’ve heard “I don’t like going by what is just in a person’s portfolio” often. Sounds insulting, right? That’s what a portfolio is for! But there is a small amount of logic at play here.

    What if a person needs a logo like the #2 example in your portfolio. Let us pretend the average client seeking a logo will need it in a day. In my example, that’s the industry norm. You obviously can create logos that professional, but what if it took you a week of nonstop effort to make that logo? Doing a weeks work and getting paid for a day is bad for you. If you charge a flat rate derived from an hourly rate, and you took the whole week, you’d end up charging this person 5x-7x the average. If you admit to the client it’ll take you a week, odds are he’ll go elsewhere. If he asks you to make a sample in half a day that’s half done, he’ll know you can or cannot make a worthwhile logo.

    This is just one example of why a client would desire spec work. They see finished examples in your portfolio, but they don’t see what it took you to make them. They don’t know how you work when you’re in the kitchen, fire to your back, and the job is real. Let’s be honest, not everyone out there is truthful with his/her portfolio. And a lot of portfolios out there are vague. Designers who don’t state they develop in their services, but then say they coded on project descriptions. How long projects took are often not mentioned. So on. So on. So on. Good communication and info on your portfolio helps.

    For the most part, I am not in favor of spec work. Work takes times, and times is money. Hours spent doing free work are hours not making a living. However, I do understand where some clients are at least coming from when they ask for it.

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  • Jennifer

    While I can agree with SJN that utlizing spec work to let your work speak for itself has its merits, the idea that doing free work and sending it off in hopes of getting the job and it actually happening is an ideal situation that almost never comes to pass. I hate to be a negative nancy, but in today’s corporate world, sometimes graphic design is looked at as a commodity rather than something to be cherished.

    What actually happens? The great designer’s work is set aside because the cost is too high to hire them, and the mediocre designs are chosen based on budget. The spec work, and the time spent on it, is now gone to waste.

  • http://rockingthepjs.com/ Trisha Cupra

    Yes, spec work and design contests are evil.

    Try going to a bunch of brain surgeons and telling them that whoever does the best work for you wins, and only that one will get paid.

    Is that stretching it too far? Well, how about asking a bunch of lawyers the same question. No?

    Maybe accountants would be willing… actually, probably not.

    How about the mechanics in your area – will they participate in a contest to fix your car?

    Okay then, how about your plumber? The best toilet-fixer wins. Hmmm.

    Maybe plumbers and mechanics are worth more than designers. How about a house cleaner then. How about inviting all the house cleaners over to your house, and only the one that does the best cleaning, wins and gets paid. Sound good?

    Bottom line: If you can’t afford to hire a real designer, then work on your business or save up until you can, just like you would with any other professional you want to hire.

    • David

      Yeah, but designers are like rappers and record producers; everyone with a computer is one nowadays. Not everyone can fix a car or do plumbing, but Google has all the information you need to be a pro and when you don’t have any job, a mortgage, live with mom and dad, no kids, no education to pay for, no legal discourses pending, you can build websites for the $500 you need to buy your next bag of drugs and new hipster jeans.

    • http://www.adesignlink.com Chad P

      I completely agree with this. I just a week ago I had a gentleman ask me to do the job and if it was what he wanted then he would pay me.

      His excuse was that he had been robbed of a down payment before and he didnt want to get burned again. My reply was: Well what if I use your services and take up 3 days of your time and then only pay you if I like it. His response was: Well I’m honest. Again My Response: How do I know that? I’m a professional and I expect to get paid for the work I do. Don’t You. He said, I cant take that chance. And I responded, well neither can I.

      This is unfortunate because he probably went with a fly-by-night person who “builds websites” and he got burned when they didn’t feel like finishing the job or even starting it. I think that this whole spec work issue started with fear. And as as Trisha Cupra said, They should have thought it out and saved up to hire and even half way decent designer/programer.

      He thought he was saving money but he ended up spending more time and MONEY than he would have if he went with a professional in the first place.

    • Sylvester

      I agree. If you think that spec work is good. Apply it to other professions.

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  • http://www.philipdahl.com Philip

    I wish you wrote this article a year ago. Great points all around.

  • http://www.giulianoliker.com Giuliano

    I don’t mean to offend anyone but my guess is that vast majority of participants in spec work are beginners or talented designers from low income countries. First doesn’t know what he’s getting into, and that’s normal learning curve until you have good portfolio, and second is happy to risk his time because if he get the job he will make someones yearly salary.

    I never participated in spec work before and never will simply because I don’t work for free. This is the same reason why I don’t make 3 different website designs for clients to review. I can certainly make 3 or more revisions but I deliver only 1 website concept that I believe is the best.

    • Klikerko

      Speaking of spec work this reminds me of the website where you are asked to submit your articles, designs or tutorials and if they like it they will pay you, if not you don’t even get “Thank you” email. I know I’ve been on that website before but I just can’t remember the name. Anyone?

      • Sylvester

        You mean this site? This is kinda spec work?
        But I wouldn’t even bother making a tutorial with money in mind. Also, multiple works get paid.
        This is rather a Pro Bono. You can prove your skills and knowledge, help others to learn something.
        But this is just my opinion.

      • http://www.snaptin.com Ian Yates

        @Klikerko I’m detecting a touch of sarcasm there…

        Have you had a bad experience you’d like to share? At Tuts+ we ask that potential writers submit concepts, not completed work. If we like the idea, we’ll ask that it’s followed up, at which point we’re committed to paying in full (assuming conditions are met).

        We have so many submissions that we can’t reply to all those which aren’t up to scratch (I quote from the submission confirmation email: “If you do not hear back in seven days your pitch has been unsuccessful.”) – and we never ask for people to randomly send us something which has taken hours of their time, on the off chance that we’ll buy it.

        • Klikerko

          @Ian, just to clarify.

          I don’t have bad experience with tuts. I’m here every day on psd, mobile, webdesign and net. I really like what Envato is doing and I understand you business model. I submitted my work once and I wasn’t expecting to get approved unconditionally, I read the rules.

          I was just trying to be realistic, not to defend or attack anyone. I personally don’t see 99desings as a problem. Sure, they are milking designers but no one is forcing them to submit so obviously there are some people who like to work for free or have no other option. Me personally, I would never submit my best design ideas for free. Work I submitted to Envato was something I already built for my personal use so I wasted only 15 minutes to submit.

          Now, you mentioned Envato is asking only for concept. How you can tell what you are getting on psd tuts for example based on word concept or rough mockup? Concept is not enough so you probably have to see final work before you give you approval. I doubt anyone can have final psd or video tutorial done for less than an hour. So this is where I’m trying to draw parallel and be realistic. People will submit their work to you, you will chose the best and decide how much it’s worth and anyone else work is gone. So there are probably hundreds of hours of work wasted here. Again, not trying to attack, just trying to be realistic. You can let me know if I’m wrong and if no time is wasted here by those who submit their work.

          My only bad experience with Envato is lack of “thank you” email. This is not something I was expecting from one of the biggest communities online. I realize that on submit page you say “If you do not hear back in seven days your pitch has been unsuccessful.” but I see that as bad strategy. Just imagine this. You are my neighbor and you knock on my door asking for sugar. Before I close the door on you I tell you “Wait here and if I don’t come back in 5 minutes that means I don’t have any”. How would you feel? Exactly… That’s how people feel when they submit concepts to Envato.

          You should do something about this. This website is powered by CMS so you can probably at least add automatic reply after 7 days that will say something like “Hey thanks for submitting. Unfortunately you were not selected but please don’t let this discourage you. We would like to hear from you again. Have a great day”.

          Have a great day :)

          • http://www.snaptin.com Ian Yates

            OK, well, that clears things up! I suppose all that’s left for me to do is defend our position on the email issue :) Here we go..

            Personalized “Thank you” emails have been deliberately removed from the Tuts+ submission process because of the huge amount of man hours spent issuing them.

            Our sites all run on WordPress, that’s true, but they’re not linked with our email and so have no say in automatic responses. When you consider that we run 11 Tuts+ sites, and that each one publishes between 20 and 40 posts per month, you can imagine how much correspondence is involved in just dealing with the successful submissions!

            We receive a lot of concepts which don’t make the grade. Sometimes it’s because the idea isn’t suitable, sometimes because the author’s writing skills aren’t up to scratch, sometimes it’s possible that the idea wasn’t communicated effectively enough. There are a ton of reasons for not accepting a pitch, but it ‘aint to say we’re not grateful for everyone’s efforts.

            Anyway, I’m drifting into a massive ramble here. The fact is that there’s no practical solution.

            * I need to see dedication from people who want to publish their work on the site. I can’t take the risk of committing $x when someone gives me “I want to write a tutorial on how to make a red web site button.” You lot would never forgive me..

            * We don’t have the resources to reply to all the unsuccessful pitches we receive, it’s impractical. That’s not to say we aren’t grateful, and if the current system is really not good enough, I’ll definitely look into alternatives.

            * You cannot compare the Tuts+ process to 99designs’ speculative pitches!

            Have a nice day though :)

    • http://ivatanackovic.com Iva

      Know who gets the worst of it? Those of us who are from countries where the salaries are somewhere inbetween. People automatically assume that you’ll work for the same amount of money as someone from a super-poor country and provide the same quality as someone legally hired in the first world would.

      It’s ridiculous to waste one’s time on something that might never even be a completed project.

  • http://cheeseburger.com Bob Roberts

    You claim that average value for designs is $2.67, “99designs, boasts over $5,512,961 in payouts to “designers” and 2,061,258 designs submitted. If we crunch the numbers, that means each design has only been seen as worth $2.67…” however, this “average” value you give is far from accurate. The total number of designs submitted does not account for the fact that many concepts are revised and submitted multiple times. Later you claim that plagiarism is an in issue unique to speculative work, “There’s a big, and somewhat likely, risk for clients that spec work might be plagiarized, especially by those newer to the design field.” The same risk exists with a client working with any freelance designer. ” You also claim that in a “$500 contest with 100 entries means each design is only worth $5″ Technically speaking, this is also false. The winning design is worth $500 and all of the other designs are actually worth $0 (assuming that the format is “winner take all”).

  • Sylvester

    It’s as bad as stock speculation. This is because we care about money, not people. This is closed minded thinking. No one would want to be left unpaid for their work. It may be good for the client, but what about workers? They should rather make a database of web designers, then you could easily choose the one you like, based on his/her portfolio.

  • Camille

    I generally agree, but I have to admit I did use 99designs when I was in school. It wasn’t even about bringing in money, it was just that I wanted to practice in my spare time. Tutorials are all well and good, but it gave me a chance to cut my teeth on “real” projects. I can’t really see bothering with spec work or contests now (gotta pay the bills, after all), and the cons outweigh the pros by too wide a margin. But maybe 99designs isn’t 100% evil. I mean, no one in their right mind should put serious time into it, but tossing off a quick logo for practice every now and then isn’t really going to hurt a student.

    • http://www.snaptin.com Ian Yates

      I think that seems to be the general consensus – those with the time to spare (ie. students) have nothing to lose by having a go and seeing if they can’t learn something in the process. There’s always the off-chance they’ll gain some exposure, or even direct financial reward.

      The obvious counter argument though is: are companies exploiting that lack of experience and power, on the possibility that they’ll get a bargain? It’s difficult to believe they’re interested in promoting the work of hundreds of young designers..

  • Steven Piper

    Spec work has the potential to suffocate the industry which it is trying to benefit. My greatest fear is that spec work (or just completely undervalued work) starts to become the norm.

    The same old tired designs will be churned out again and again in a sausage factory way. This could easily lead to a highly talented, bright, young designer trying to start out but can’t get past the mass of ‘designers’ selling their wares cheap.

    This has the potential to affect the growth of design as a skill in the future and we should be careful to not let it get any worse.

    • http://baffleinc.com/ Harley

      Thankfully, we have innovative designers and companies with large budgets in this world. I hardly thing spec work would suffocate the larger industry. If anything, it’s an extension.

  • http://baffleinc.com/ Harley

    There’s a lot you haven’t covered in this article, and sorry if this has already been said, I skipped the comments.

    Spec work has a purpose. The efficiency and frequency in which you get work is a thousand times that of commissioned work… It’s meant to be a fast explosion of creativity.

    Designers wouldn’t partake in spec work if they didn’t want to, and by greater extent didn’t have to. I personally used spec work as a leg up when I was starting- it meant that I got loads of practice in, I got great feedback on my style about what wasn’t ‘professional’ and what didn’t cut it. As I learnt, I got better at nailing it the first time.

    Now, I look back at my time doing spec work, and sure: it was for crappy money, and the lack of guarantee means that I might be wasting my time.

    Bottom line is, it’s there for you, but don’t do it if you don’t want to. There are other ways to make money on the internet, that are just as easy. I made my way by learning things about jQuery and WordPress, then writing an article about them, then selling it back to nettuts. Brilliant. There’s a guarantee for you.

    • http://baffleinc.com/ Harley

      Camille nailed it.

  • imcl

    I just went over the “Design transfer agreement” on 99designs.com — and there are 2 interesting terms, namely 4.e.i and 4.e.ii.

    [1] you cannot prevent the designer or 99designs from selling your logo (the one you paid for) to someone else;

    [2] you cannot trademark the logo/design you paid for, nor can you prevent 99designs or the designer from using the logo for any other commercial purpose.

    These are complete deal-breakers for me and I wonder if anyone doing business with 99designs ever bothered to read this.

    This brings into question what kind of designers you’re dealing with here, if the agreement is so non-exclusive. Very likely your branding is going to be subpar and later you’ll have to re-do the work with a real agency.

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