Art commission contract checklist: rights, deposits, revisions
A good art commission agreement answers five questions before any work starts: what exactly is being made, what it costs and when it's paid, how many changes are included, who owns the copyright and how the work may be used, and what happens if either side cancels. Written down, even in a short email both sides confirm, those answers prevent most commission disputes. Copyright is the one people most often get wrong: under US and UK guidance, the artist normally keeps the copyright in a commissioned work unless it's assigned in writing [1][2].
This is general information, not legal advice. Rules differ by country, so for valuable or commercial commissions, ask a lawyer where you live.
The checklist
1. Scope: what's being made
- Subject and content, with the reference images attached
- Medium and materials
- Size, in inches or centimetres
- Style: link to the artist's own past work you're aiming for
- For digital work: file formats, resolution and colour profile
- Framing, varnish, base or mounting, if relevant
A guide for artists from the law firm Sprintlaw lists the description, deliverables and file formats as the first things to pin down [3].
2. Price and payment
- Total price, and the currency
- What's included: materials, framing, shipping, insurance, taxes
- Payment schedule: deposit and balance, milestones, or full payment up front
Deposits are common in direct commissions. Published guidance for artists suggests 25% to 50% up front [4], and Sprintlaw gives 30% to 50% [3], usually non-refundable once work starts [3]. If you commission through a platform that protects payment until delivery, you may not need a separate deposit (see below).
3. Milestones and approvals
- Stages: sketch, colour study or maquette, final
- What you approve at each stage, and how long you have to reply
- The artist's right to continue if you don't reply in time
Sprintlaw gives an example feedback deadline of 5 business days [3].
4. Revisions
- How many rounds are included, and at which stage
- What counts as a revision and what counts as a new request
- The price of extra rounds
An example from Sprintlaw: 2 rounds at the sketch stage and 1 round at the colour stage [3]. Changes are cheapest early. Repainting a finished oil is not a "revision".
5. Copyright and usage
This is the clause most likely to matter later.
- United States: a commissioned work is a "work made for hire" only if it falls into one of nine specific categories and both parties sign a written agreement saying so. Otherwise the creator owns the copyright [1]. A painting or sculpture for your home usually isn't work for hire.
- United Kingdom: the first owner of copyright is the creator, not the commissioner, unless you agree otherwise in writing. Without a written term, a court may find only an implied licence to use the work for its intended purpose [2].
So decide what you need:
- Personal enjoyment (hang it, photograph it at home, post a photo): usually no special clause needed, though it's still good to write down.
- Prints, merchandise, a logo, book covers, advertising: agree a written licence (what, where, how long, exclusive or not) or an assignment of copyright, and price it.
- The artist's rights: whether they may show the work in their portfolio and on social media, and whether they may sell prints of it.
6. Deadline and delivery
- Delivery date, with allowance for drying, curing or shipping
- Who packs, ships and insures the work, and when ownership and risk pass to you
- Installation, if needed
7. Cancellation
- If you cancel: what you pay for work already done (sometimes called a kill fee) [3]
- If the artist cancels: refund terms
- Pauses: what happens if the project is put on hold
8. Credit and privacy
- Whether the artist is credited where the work is used
- Whether the artist may show the work and your name, or the subject's
- Use of reference photos of people or pets: the artist should use them only for your commission unless you agree otherwise
How The Spool List changes the payment part
On The Spool List, you post your commission brief free and verified artists bid. When you accept a bid you pay the full price, the payment is protected, and the artist is paid when you confirm delivery. Reviews are tied to completed orders, and disputes are handled by the platform. The artist knows the order is paid, and you know they aren't paid out until you have the work, which is the job a deposit usually does.
You still need to agree scope, revisions and rights. Put them in your job post and confirm them in messages before you accept. See how it works, our price guide, and the fine art market on The Spool List.
Post your art commission free.
FAQ
Do I need a contract for a small commission?
A long contract, no. A short written agreement, yes: scope, price, revisions, deadline and rights, confirmed in writing by both sides.
If I pay for a painting, do I own it?
You own the physical painting. The copyright usually stays with the artist unless they assign it in writing [1][2].
What is a usual deposit?
Published guidance suggests 25% to 50% [4] or 30% to 50% [3] for direct commissions. On a platform that protects the full payment until delivery, a separate deposit isn't usually needed.
Can I ask the artist not to post my portrait online?
Yes. Put it in the agreement. Many artists will agree, sometimes for a higher price.