This is not legal advice. Ideally, you could get contract help from a lawyer specializing in helping artists, or maybe a contract lawyer.
Artist tip — If you’re an artist thinking about doing commissions, don’t skip the contract.
Some artists have mentioned that a contract (or down payment) feels cold, but I don’t think so. I think it gives all involved confidence that everyone knows what to expect, and that you’re taking it seriously.
If you’re doing a commission for a stranger, watch out for scams. Try to root scammers out before you waste too much time or lose money or artwork.
I look people up on social media. If they request weird payment methods or their own shipping company, it’s probably a scam. If they send you a check for too much money, it’s a scam. There are new scams every day, so if you have doubts about someone who contacted you about a commission, don’t ignore your gut feelings. Do some googling.
Here’s some information that I find helpful to include in my contracts:
- My contact information that I want the collector to use.
- The collector’s contact information for my questions, to send sketches for approval, and for shipping.
- The painting size, medium, price (including tax, shipping, framing, travel), and a short description of the work. The description helps when I schedule commissions way ahead and need the reminder, and it’s a good way to make sure I understand the collector’s wishes.
- Copyright information of the source material, if I’m using photos they supply. Double-check that they took the photo themselves or can get me written permission from the copyright holder. I use my own source material whenever possible.
- Copyright information about the painting. Every artist should read this quick overview of copyright law.
- The project timeline. Including my expectations of them – how quickly will they respond to my updates or requests for approval. “Please reply within 24 hours.”
- A deposit amount. The deposit covers some of your time and expenses and lets everyone know the project is a go. It also lets you test out if they’re a legit person or a scammer – if they try to pay in a weird way.
- Whether I’ll make changes (and how many). I say up to 3 small changes.
- What happens if the collector isn’t happy. I say if the collector doesn’t love the painting they can decline it. I haven’t had that happen, but having a guarantee feels good.
- And what if they fail to pay you within a certain amount of time. I had a collector stiff me on one of my first commissions. Since I knew them, I delivered the painting (which they said they loved) before getting payment. So now, as long as the painting is dry enough to ship safely, I ship within three business days after receiving final payment.
Again, this isn’t legal advice about your contract. Just info that I find helpful to include in mine.
Doing commissioned paintings can be great! I’ve had some really wonderful experiences with commissions. I hope you do, too.