Ahhh spec work… a nasty little bugger! I for one am entirely against it. The more spec work being done out there, the less designers are valued. Hey, why buy the cow if you can get the milk for free, right? Why spend the time researching the right design agency, when you can just have 5 or 6 do work with no commitment?

What boggles my mind, is why designers are still willing to do this?! I mean, yes, it might give you an advantage if a client is willing to take your work because there’s no commitment on their end to pay you for your time unless they like it, but is that really the kind of client you want? Who’s to say they’re not just going to take your idea and run with it? Yes, it’s awful, but it happens. Why would anyone put themselves in a situation where their hard work can just be taken so easily?

So what is spec work exactly? A great resource is No!Spec, and here’s what they have to say about it:

What is spec work?
Basically, its any kind of creative work rendered and submitted, either partial or completed, by a designer to a prospective client/employer before taking steps to secure both their work and an equitable fee. Under these conditions, a designer will often be requested to submit work under the guise of either a contest or an entry exam on actual, existing jobs as a “test” of their skill. In addition, the designer normally unwittingly loses all rights to their creative work because they failed to protect themselves by means of a signed binding contract or agreement. The client/employer often uses this freely gained work as they see fit without fear of legal repercussion.

So that’s pretty straight forward, right? Any work you do for a prospective client that does not abide by a contract or some sort of commiment of being compensated for your work. If ABC Company calls you and says “I’m looking for a designer, can you give me some designs before I decide if I want to use you?”, that’s spec work. I always say no to these kinds of requests.

Now, there’s always a gray area… and spec work can have one as well. What about design contests? You’ve seen sites when you bid on logos, brochures etc. ABC Company needs a logo, submit your designs to this or that website and the design they like best will be paid $XXX. Is that spec? Some say yes, some say no. Yes, because you’re still submitting work for free in the hopes of being compensated if your design is selected. There is no real contract, and no usage rights assigned to the work you submit. No, because it’s entirely optional whether you submit anything at all. And perhaps because you’re so confident your work will be chosen that it’s worth the risk. Maybe you’re entering a new field and want to get work for your portfolio so you’re willing to take a chance.

Contests are a tricky thing, I do personally consider them spec work, you have no real assurance that your work will be selected or that they will not use your ideas with another agency/designer. However, it seems to still be in a gray area and a lot of designers find them to be acceptable. If Little ABC Startup Company asked you to do their logo as part of a contest, would you do it? What if it was Coca Cola or General Mills or Apple? Would a larger, well-known company alter your decision? Would landing a huge account make a difference? Not so easy now I guess.

Another gray area is a company providing design ideas without being requested them. Listen to the Week 27: Is it spec work? clip on Marketing Mentor’s Sound Advice. When I listened to the Week 25: How to approach a new market clip, I immediately thought Spec Work Alert and somewhat disregarded the advice provided. Interestingly enough, it looks like a lot of people felt the same way, which lead to a follow-up message, where the company who provided the designs to their prospective client provided their reasoning for doing this and argued that it was not considered spec work. Now it starts to get a little gray for me again. Are they putting the other agencies at a disadvantage by providing design concepts when they were not requested, and are they setting themselves up for getting their work stolen? In the end, it’s hard to say because they were in fact chosen. Still, I have to wonder, what if they had not been? Was their work protected in any way? Did they have some sort of assurance in place so the client would not be able to use their concepts with another agency?

In the end, it’s up to each one of us to make up our minds as to what is considered spec and whether or not we’re willing to do it. Please visit No!Spec for additional information on spec work, their FAQ section is very informative. Hopefully this will help you decide what you’re willing to do, and what you walk away from. It’s also a helpful resource for clients to know what is acceptable for them to expect and what is considered unethical.