Commission TIPS
Commissioning a piece of artwork requires, above all else, good communication between the person commissioning the work and the artist creating the work. This process can be facilitated through a third party (a gallery, consultant, or designer) or directly between the two parties.
Here are six steps to consider in the commissioning process:
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SAMPLE CONTRACT:
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Date Customer’s name and address
Artist’s name and address
Subject: One commissioned oil on canvas painting by (Artist) measuring 48” x 60”. The piece is a representational landscape composition modeled after photographs taken by the client and provided to the artist.
Price: $3000 (plus Sales tax if applicable)
Terms: The artist and client will meet to discuss the details of the commissioned painting. The client will provide photographs and location (if needed) of the desired subject. The artist will be paid a non-refundable design fee of $300 for a color sketch of the proposed painting. Upon acceptance of the sketch, the artist will be paid 50% ($1500) for the painting to begin. The artist will provide to the client photographs of the work in progress or allow studio visit(s) for the work to be inspected. The artist will accommodate reasonable change requests without charge. Upon completion, the artist will notify client for one final inspection before delivery. The balance is due upon delivery of the artwork.
(Note: If during the creative process the client rejects the work and all attempts to alter the work to the client’s approval, than the client forfeits the initial payment ($1500) and the commission is terminated.)
Timeline: From the date the deposit is received, the artist will have three weeks to complete the initial sketch. Upon acceptance of the sketch, the artist will have one month to provide to the client photographs of the work in progress or make the piece available for inspection. Upon substantial completion, the artist will, through photographs or personal inspection, make the piece available to the client. Upon completion and prior to delivery, the client will be given the opportunity to inspect the finished artwork.
Artist’s Rights: The artist reserves to himself/herself all rights to the preliminary design and any incidental works made in the creation of the work. The artist shall receive authorship credit in any reproduction of the work. (Note: Consult copyright law for more detailed information on this subject).
If the above meets with your approval, please sign and return agreement with initial payment to (Artist/Gallery and address). Please retain one copy for your records.
Client’s name_________________________Date__________________
Artist’s name__________________________Date__________________
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Some key points to consider:
Here are six steps to consider in the commissioning process:
- Subject. Determine the subject of the project, e.g., a commissioned painting, sculpture, or textile.
- Terms. Establish the terms of the project. In other words, what responsibility will each party have leading to the completion of the piece?
- Price. Determine the price in advance.
- Timeline. Set a time frame for the work’s execution and installation.
- Artist’s rights. Indicate the artist’s copyright. This is usually just one line.
- Signature. Create a written agreement that both parties should sign and date. See the sample contract below.
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SAMPLE CONTRACT:
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Date Customer’s name and address
Artist’s name and address
Subject: One commissioned oil on canvas painting by (Artist) measuring 48” x 60”. The piece is a representational landscape composition modeled after photographs taken by the client and provided to the artist.
Price: $3000 (plus Sales tax if applicable)
Terms: The artist and client will meet to discuss the details of the commissioned painting. The client will provide photographs and location (if needed) of the desired subject. The artist will be paid a non-refundable design fee of $300 for a color sketch of the proposed painting. Upon acceptance of the sketch, the artist will be paid 50% ($1500) for the painting to begin. The artist will provide to the client photographs of the work in progress or allow studio visit(s) for the work to be inspected. The artist will accommodate reasonable change requests without charge. Upon completion, the artist will notify client for one final inspection before delivery. The balance is due upon delivery of the artwork.
(Note: If during the creative process the client rejects the work and all attempts to alter the work to the client’s approval, than the client forfeits the initial payment ($1500) and the commission is terminated.)
Timeline: From the date the deposit is received, the artist will have three weeks to complete the initial sketch. Upon acceptance of the sketch, the artist will have one month to provide to the client photographs of the work in progress or make the piece available for inspection. Upon substantial completion, the artist will, through photographs or personal inspection, make the piece available to the client. Upon completion and prior to delivery, the client will be given the opportunity to inspect the finished artwork.
Artist’s Rights: The artist reserves to himself/herself all rights to the preliminary design and any incidental works made in the creation of the work. The artist shall receive authorship credit in any reproduction of the work. (Note: Consult copyright law for more detailed information on this subject).
If the above meets with your approval, please sign and return agreement with initial payment to (Artist/Gallery and address). Please retain one copy for your records.
Client’s name_________________________Date__________________
Artist’s name__________________________Date__________________
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Some key points to consider:
- Orders or agreements between an artist or artist’s representative and buyer should be in writing and shall include the specific rights which are being transferred, the specific fee arrangement agreed to by the parties, delivery date and a summarized description of the work.
- All changes or additions not due to the fault of the artist or artist’s representative should be billed to the buyer as an additional and separate charge.
- There should be no charges to the buyer for revisions or retakes made necessary by errors on the part of the artist or the artist’s representative.
- Completed work shall be promptly paid for in full and the artwork shall be delivered promptly to the Client. Payment due the artist shall not be contingent upon third-party approval or payment.
- Alterations shall not be made without consulting the artist. Where alterations or retakes are necessary, the artist shall be given the opportunity of making such changes.
- The artist shall notify the buyer of any anticipated delay in delivery. Should the artist fail to keep the contract through unreasonable delay or non-conformance with agreed specifications, it should be considered a breach of contract by the artist. Should the agreed timetable be delayed due to the buyer’s failure, the artist should endeavor to adhere as closely as possible to the original schedule as other commitments permit.
- Whenever practical, the buyer of artwork shall provide the artist with samples of the reproduced artwork for self-promotion purposes.
- There shall be no undisclosed rebates, discounts, gifts, or bonuses requested by or given to buyers by the artist or representative.
- Artwork and copyright ownership are vested in the hands of the artist unless agreed to in writing. No works shall be duplicated, archived or scanned without the artist’s prior authorization.
- Original artwork, and any material object used to store a computer file containing original artwork, remains the property of the artist unless it is specifically purchased. It is distinct from the purchase of any reproduction rights.* All transactions shall be in writing.
- In case of copyright transfers, only specified rights are transferred. All unspecified rights remain vested with the artist. All transactions shall be in writing.
- Commissioned artwork is not to be considered as “work for hire” unless agreed to in writing before work begins.
- When the price of work is based on limited use and later such work is used more extensively, the artist shall receive additional payment.
- All published illustrations and photographs should be accompanied by a line crediting the artist by name, unless otherwise agreed to in writing.
- The right of an artist to sign work and to have the signature appear in all reproductions should remain intact.
- If an artist is specifically requested to produce any artwork during unreasonable working hours, fair additional remuneration shall be paid.