Commissioned Artwork Agreement

April 24, 2023

Commissioned artwork agreements are important legal documents that ensure that both the artist and the client have a clear understanding of the terms and conditions of the commission. This agreement outlines how the artwork will be created, how much the artist will be paid, and what rights the buyer will have to the artwork.

If you are an artist who has been commissioned to create a work of art, or a buyer who is interested in commissioning an artist, it is important to have an agreement in place before any work begins. Here are some key elements that should be included in a commissioned artwork agreement:

1. Description of the artwork: The agreement should clearly describe what type of artwork is being commissioned, including the size, medium, and any special instructions or requests.

2. Payment terms: The agreement should outline how much the artist will be paid for the commission, when payment is due, and what payment methods are accepted.

3. Timeline: The agreement should specify when the artwork will be delivered to the buyer, and any deadlines or milestones that the artist must meet throughout the creation process.

4. Copyright and ownership: The agreement should clarify who owns the rights to the artwork once it is completed. Typically, the artist retains the copyright and the buyer has the right to display the artwork in their home or office. However, both parties should agree on any additional uses of the artwork, such as reproduction or licensing.

5. Confidentiality: If the artwork is being created for a commercial or proprietary purpose, the agreement should include a confidentiality clause to protect the buyer’s interests.

6. Alterations and revisions: The agreement should outline what happens if the buyer requests changes to the artwork, and whether additional fees will be charged for revisions.

7. Termination: The agreement should include provisions for terminating the agreement if the artist or buyer fails to fulfill their obligations.

It is important for both parties to carefully review and negotiate the terms of the commissioned artwork agreement before signing. By doing so, both the artist and buyer can ensure that their interests are protected and the artwork is created to their satisfaction.

In summary, a commissioned artwork agreement is a critical element of any art commission project. It protects the interests of both the artist and the buyer by clearly outlining the terms and conditions of the commission. Whether you are an artist or a buyer, having a well-drafted agreement in place can help avoid misunderstandings and disputes, and ensure a successful outcome for all involved.