Unpaid Design Tests and What I Wish I Knew

Artist and Author Leah Kopke

Editor Ezra Blocker

The Unpaid Paying Consequences

Most artists have experienced applying to a job, then receiving a request to complete an unpaid test to get the job. This happens for salaried jobs and freelance projects. I’m sharing what I wish someone told me when I was starting out as a designer. I am not offering legal or financial advice, but sharing what I’ve learned from my experiences. This an exercise to think through options and potential consequences for choices in regards to doing an unpaid test.

Know Your Rights

Initially, you may want to look into your legal rights. If you were to complete this project, and the company uses it for profit, the likelihood of you being able to get compensation is slim. Is your work truly yours or copyrighted if you do it for free for a company? These are serious questions you need to ask before taking the job. Did you need to sign a contract before doing the test? Read it in its entirety. Know what you are agreeing to beforehand. You don’t have to sign it. It is okay to walk away or even ask for a second opinion on the contract.

When doing an unpaid project for a company as a test, there are minimal barriers from that company taking your idea or work to use for their own profit. They can do that without hiring you. Even if they mention the project is not going to be used for profit, unless they have signed a contract confirming this, it would be hard to hold this as legal evidence if they were dishonest. Even if a contract were signed, contracts are only useful if you were to take this to court and pay the legal fees. How would you feel about your unpaid work being used in this way before agreeing to a test? What legal options are available to you where you live? Is it worth the hassle or legal fees? No one teaches this in design school but every designer needs to know at least the basics of their rights for this situation.

Respect Earns Respect

The best business relationships share mutual respect because both parties benefit. In the world of business, whether you like it or not, money is a symbol of respect. If someone is not willing to pay you for your work, they are not demonstrating respect for you and that is not a good foundation for a business relationship. If you value your work, you should charge for your services because it signals self-respect to companies. Self-respecting individuals are more difficult to take advantage of so this is in your favor to communicate early-on in business relationships. It protects you from those who may not have your best interests in mind.

When companies use strategies like discounts or buy one get one free, they are using low costs as strategies to be paid more. It is not equivalent to doing unpaid work as a test for a job. If you buy the discount chicken at Costco they are selling at a loss, they know you will need to walk past all the other items in the store to pick it up, leading to more items added to your shopping cart. This is promoting impulse buying. The chicken they sold at a loss, made them more money so it wasn’t a true loss. 

What are your chances to walk away with more money in the situation of an unpaid test? Are your odds really in your favor? Who holds negotiating power in this situation? If it isn’t you, the odds are not in your favor. When you ask to be paid or even walk away from a situation, you have more negotiating power. People will walk away from a deal in order to negotiate prices even if they really want the deal. It is a strategy. When you value your work and charge money for it, people will typically treat you with more respect. 

If they can’t respect your boundaries, you should find someone who does elsewhere. Fortunately, how you discuss money and carry yourself with confidence is a negotiating power that doesn’t come from experience, certificates, portfolios, or degrees. It comes from valuing yourself and understanding the game of business. Even if you are new to an industry, you have this negotiating power at your disposal. Remember there is value in what you do, otherwise no one would be asking you to do it for them, free or not.

Portfolios, Degrees, Social Media, and Certificates

Speaking of degrees, certificates, and portfolios, this is exactly why unpaid tests are unnecessary. College may not be the path everyone goes down in the art and design space and that’s okay. I’ve seen successful designers that have gone to college as well as ones who have not. There is more than one right way to become a successful artist or designer. Portfolios, degrees, social media, and certificates are some of the tools you have to communicate your capabilities rendering unpaid tests unnecessary . An unpaid test only works for one potential job. A portfolio can be used for every potential job. For the amount of work and time a project takes, you get more for your investment of time by working on your portfolio than an unpaid project.

You can share certificates to show mastery over a software. You can share a portfolio to communicate your design capabilities. You can even share your design process to convey that you know the necessary steps involved in a project. It is better to spend time working on your portfolio or taking a class investing in yourself than investing your time into a company that may not pay you. Time is an investment. Carefully consider where the largest return on investment can be found.

No Judgement

If you have ever done an unpaid test project there is no shame or judgement. Negotiating is rarely taught in college art or in design classes. Artists aren’t typically encouraged to learn this. We focus on our craft and the part of design we are passionate about. We’re told all we need is a good portfolio. Most don’t join this career to be wealthy. We join because we are passionate. You can do both though. You can be passionate and wealthy. It is a learning opportunity and there is no shame in learning. Keep moving forward because you and your art are worth it. Taking an unpaid project or unpaid internship is a gamble. Now you know the risks and can decide if the odds are in your favor before you roll the dice.

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