Many artists, ranging from emerging or amateur artists all the way to fully established professionals, create commissioned works for clients. The idea of a commission is that the purchaser has some input into the finished work that they are buying. This can range from vague direction or discussion all the way to specific agreed upon terms for colours, subject matter, materials used, size, etc. It is up to each artist to decide how much input or direction they will accept from a client and how much they prefer to decide for themselves.
Whatever your artistic boundaries are for commissioned works, you should always create a written contract or commission agreement outlining your own stipulations. I have listed some common examples below. Having a written contract signed by both parties is meant to:
- eliminate any surprises for both the client and artist (everything is agreed upon in advance) and
- protect your interests and the interests of the client
POINTS TO INCLUDE ON YOUR COMMISSION AGREEMENT CONTRACT:
- A loose description of the project. Use this description to list what aspects of the work are agreed upon in advance, such as size, colours, materials, etc. It could be specific, for example, “the artist ____ agrees to complete a 30 x 30 inch oil painting on canvas for the client _____, depicting a sheep and using mostly blue hues.” It could be loose: “The artist _____ agrees to create an abstract painting for the client ______.” If anything is verbally agreed upon, it should also be in writing.
- Payment terms. It is quite reasonable for an artist to collect 25% to 50% of the full cost of the artwork upfront before beginning the work. This is to protect the artist’s investment in materials and time. It will also eliminate potential clients who aren’t that serious. You should list the total cost of the work, the deposit necessary to begin the commission, and when final payment is due. Final payment could be due upon delivery of the work, or it could be due upon final approval of the client. Be careful if you indicate that final payment is due upon approval of the work by the client—you could find yourself editing the work over and over until the client is satisfied.
- Deadlines. You should agree upon a completion date for the work, making sure that you give yourself enough time for revisions and drying, if necessary. Many artists also set up a viewing and meeting date for when the work is partially completed.
- Framing. If applicable, indicate whether the work will be framed or unframed, or if framing will cost extra.
- Delivery of the work. Indicate whether you will deliver the work to the client or whether they need to arrange their own delivery.
- Installation of the work. Indicate whether you will install the work for the client, or whether they need to arrange this separately. If you are not installing the artwork for them, you should make sure that it has proper hanging hardware already attached to the work to make it as straightforward as possible to hang.
- Copyright. Many clients will assume that since they are paying for the work, they own the rights to it. Unless you are signing over the rights to you work (there should not be any reason for this sort of agreement, normally), you should stipulate that you retain the copyright of the work. This means you can put an image of the work on your website, and use it for portfolios, etc.
Have you had good or bad experiences commissioning artworks? What points have you included in your commission agreements to protect yourself as an artist?