A is an agreement, preferably in writing, between an artist and a commissioning party (a private individual, an organization, or even a municipality) that sets the legal and practical framework for creating a specific artwork.
A commission agreement describes what you, the artist, are expected to create. It typically includes the subject, materials, size, and presentation, such as framing or installation. The agreement also generally outlines how and when the artwork will be delivered, whether it will be insured during creation or transport, and how much you will be paid, including any deposit or installment schedule.
While a commission contract can include many terms, we explore some of the most common considerations below.
Sketches and Drawings
In many , the artist is required to submit preliminary sketches, drawings, or models for the commissioning party’s review and approval before proceeding with the final work. If this is the case, the contract often defines how many preliminary versions are included, what constitutes “approval”, and how revisions will be handled.
When the creation process is divided into stages—for example, concept approval, development, and final execution—payments are often tied to each stage. Agreements often provide that initial installments covering concept development and preparatory work are non-refundable, even if the commissioning party decides not to proceed with the final artwork.
The parties should agree in advance on ownership of sketches, drawings, and models. Artists typically retain copies of preparatory materials, and the right to use them for non-commercial purposes such as documentation, portfolio use, exhibitions, academic reference, or archival records. The agreement may also indicate whether and to what extent the artist may reuse preparatory concepts or elements in future works.
Timeline, Approval and Payment
often include a timeline with milestones or review points, and specify what happens if changes are needed. Any changes to the agreed scope, timeline, or price are usually confirmed in writing as well. A contract would likely also include a “kill fee” or cancellation clause, outlining the consequences if the project is terminated early (for example, the client pays for work done to date or pays a set cancellation fee).
An agreement often defines how many revisions the client can request and whether the artist must show progress drafts. It will also typically specify a completion and installation date, based on an agreed reasonable timeframe, and identify who is responsible for assembly and installation, and associated costs.
In private commissions, the buyer typically retains final approval rights. Payments are usually made in installments tied to specific milestones. For example, milestones may be defined as the approval of a preliminary sketch or concept, review of the work at a mid-point stage, and the delivery or installation of the completed artwork. The parties could then agree on the payment installment structure, such as a certain percentage as an advance, another at midpoint, and the remainder on delivery.
The agreement usually clarifies whether payments are refundable and, if so, which of them is refundable, if the buyer is dissatisfied. Artists often prefer acceptance to occur upon approval of drawings, while buyers usually prefer reserving approval until completion of the final work.
A well-drafted agreement ensures both you and your client understand who can do what with the final artwork.
Copyright Ownership and Moral Rights
When signing an agreement for a , it is important to clarify who will own the copyright. In many jurisdictions, hiring an artist to create a work does not automatically transfer copyright to the commissioning party. The commissioning party may only receive the physical artwork or certain agreed rights of use—while you, the artist, retain copyright.
Unless copyright is expressly transferred in writing, or unless a work qualifies as a “” (in countries that recognize this concept), in many countries you will remain both the author and the copyright owner of a commissioned work. However, legal approaches vary. In some countries, certain economic rights may belong to the commissioning party or employer by law, unless otherwise agreed in writing. This can be true particularly with specific categories of commissioned works or where the work is created in the course of employment.
For this reason, a written contract will set out who owns the copyright and what rights are being transferred or licensed. This includes rights related not only to the final artwork, but also to preparatory materials such as sketches, drawings, and models.
As an artist, it is important to consider what rights need to be transferred for the successful completion of the commission, and what rights you could keep. Transferring rights that are not required for the commission can potentially lead to a loss of future income.
—such as the and the —can be especially relevant in commissions. In commercial or public art projects especially, commissioning parties often ask the artist to agree to waivers or consents that might not be enforceable, depending on the applicable national law.
Read our topic on Rights in Visual Arts for a deeper dive into these concepts.
Many state that the artist retains copyright but grants the client certain rights to use the artwork. For example, the client, as the owner of the physical artwork, has the it in their home or business. But they may not have the right to make of it other than, perhaps, for such necessary purposes as taking pictures for insurance requirements. If the client wishes to use the artwork in other ways, such as utilizing an image of the work to produce merchandise, this typically requires a separate license or an additional fee.
Imagine you are commissioned to create an illustration for use on tote bags. The contract might grant the client the right to the illustration on the tote bags. However, the contract might not necessarily require you to assign all economic rights, such as the rights in the work.
In practice, an artist may sometimes be required—or sometimes feel pressured, for example with concern over losing a major commission—to agree to broader transfers of rights. Such assignments are usually reflected in a significantly higher fee, since the artist is giving up potential future income from the work.
Explore this topic in more detail in our pages on Rights Transfer and Licensing.
Portfolio Use
After completing a commission, you may wish to show representations of the work in your portfolio, on a website, in catalogues, or in gallery shows. This can be addressed expressly in the contract. You may wish to reserve the right to use images of your artwork for self-promotion and even, in certain cases, to temporarily borrow the work for exhibitions, with reasonable notice to the client.
In some countries, these rights may already be implied by law after the work is created, while in others they must be specifically agreed in writing.
For more details read our topic on Rights in Visual Arts.
Ask yourself: Have you clearly defined in the contract who owns the copyright to the commissioned art and how each party may use it?
Image credit: Deagreez