Yes, there is a lot to read and Yes you should read it. Copy it, paste it and edit it to suit your needs as a commissioner or commissioned artist. Protect yourself by drafting a contract and understanding it.

It has come to my attention that many deviants commission their work and hold proceedings entirely over deviantArt. In the case that your client/commissioned artist begins to use and distribute your work illegally you will need to have a greater standing than simply a bunch of e-mail print outs if you are to go to court over the matter of misuse. Often the matter is over misunderstanding, which a contract will also help clarify for both parties.

I cannot stress how important it is when doing commissions to have physical signed copies of an Artist/Client Commission Agreement or at the very least a signed confirmation of engagement. It takes longer to organise, especially with overseas clients, but it protects the rights of both parties to the work and is worth the day or so in postage or few dollars in faxes should you be working with an overseas client/artist.

The following is an example of a Commissions Contract that may be used by both Artists and Commissioners to protect themselves from legal issues over image rights. I am writing this out free public use as I would prefer my fellow deviants to be as protected as possible during business proceedings.

Make sure you customise every contract to suit your commission!
-Under Miscellany I have used Australian law in a paragraph detailing copyright law, you will need to supply your own country or states legal copyright protection act/council/administration.
-The Payment section should also be customised to suit your whim, these are just example percentages.
-The Copyright Permissions and Releases section will need to specifically outline what YOU want the restrictions to be.




Form 1 Sample

Please fill all underlined spaces with requested or appropriate information in clear block print except for signature. Please be as concise and specific in descriptions as possible.

All information provided by both parties are private and confidential outside of legal proceedings and may not be shared or distributed.


AGREEMENT; CONFIRMATION OF ENGAGEMENT

Artist Name: ______________________________________________________
Address: ______________________________________________________
Phone/Fax: ______________________________________________________
E-mail: ______________________________________________________

Client/Company Name:_______________________________________________
Address: ______________________________________________________
Phone/Fax: ______________________________________________________
E-mail: ______________________________________________________
Job Invoice Number:________________________________________________



Preliminary Design

The Artist _________________ agrees to create the preliminary design(s) for the Work in the form of studies, sketches, or drawings described as follows:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________

in return for which the Client and Commissioner _______(name)_______ agrees to pay the fee of ____________ ($00.00) upon the signing of this agreement. This fee will be applied towards the total sale price and is non-refundable.

Revisions may be made only by the Artist in conjunction with Client instruction throughout the preliminary stage.


Date of Delivery

The Artist _____(name)______ agrees to create the preliminary design(s) for the Work within ____(time peiod)_____ of receiving the clients written agreement.


Copyright

All design materials and drafts are the property of the Artist ___(name)_____ and may not be reproduced. All rights to these preliminary drawings are retained by the Artist including any electronic rights to usage. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.

By signing this agreement the Artist and Client certify to have read and understood all conditions and responsibilities applicable to them as outlined in the agreement.


Artist: _____________________________________ Date: ____________

Client: _____________________________________ Date: ____________


End of Form 1

Form 2 Sample


Please fill all underlined spaces with requested or appropriate information in clear block print except for signature. Please be as concise and specific in descriptions as possible.

All information provided by both parties are private and confidential outside of legal proceedings and may not be shared or distributed.


COMMISSION AGREEMENT

Artist Name: ______________________________________________________
Address: ______________________________________________________
Phone/Fax: ______________________________________________________
E-mail: ______________________________________________________

Client/Company Name:_______________________________________________
Address: ______________________________________________________
Phone/Fax: ______________________________________________________
E-mail: ______________________________________________________
Job Invoice Number:________________________________________________



Commission Outline

The artist agrees to develop the preliminary design(s) according to the description of the Work as outlined in the engagement agreement and to the following additional specifications as outlined by the client:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________

Function(s): ___________________________________________________
Materials: ___________________________________________________
Dimensions: ___________________________________________________
Price(*): __________________________________________($000.00)


(*)This price is quoted from indication of workload from the client at initial engagement and includes prior agreed cost of preliminary work. Revisions may be made only by the Artist in conjunction with Client instruction at the preliminary stage.

Additional fees may be charged for revisions generating a new direction to the assignment or new conceptual input made after the preliminary period.


Payments

Upon the clients given written approval of the preliminary design, The Artist agrees to proceed with construction of the Work, and the client agrees to pay the price of ____________________ ($0000.00) USD for the Work as follows:
Fifty percent (50%) upon the giving of written approval of the preliminary design; and the balance upon completion of the Work. Sales tax is not included in this price.

Payment for finished work is due upon acceptance or must be paid within thirty (30) days of acceptance. The Client's right to use the work is conditioned upon receipt of payment within thirty days of acceptance, and upon Client's compliance with the terms of this agreement. A two percent (2%) monthly service charge will be billed against late payment.

In the case that the Client does not wish to continue with commission from the completion of preliminary stage: The Client is under no obligation to pay compensation to the Artist.

In the case that the Client has given payment and written instruction to the artist to proceed with the work and recalls commission before completion: The Client is entitled to a fifty percent (50%) refund of the post preliminary paid amount.

In the case that the Client wishes to cancel commission after the given completion date: A refund of twenty five percent (25%) of post preliminary payment may be awarded and all outlined client copyrights will be revoked.

In the case that the Client is unable to pay remaining fees: The final payment on completion buys the Client the rights of

use outlined in the Copyright section. If payment cannot be made the Client forfeits claim to these rights regardless of prior payments.


Date of Delivery

The Artist ____(name)______ agrees to complete the Work(s) within _____(0) days/weeks/months of receiving the clients written approval of the preliminary design(s).


Copyright Permissions and Releases

Personal Use:

Copyright of the Work is bestowed to the client for non-commercial use and reproduction. The Client and the Artist may not reproduce or publish the image without the written consent of the other party. The Client may not reproduce the image for profit (prints may not be sold) without the Artists consent and additional compensation to the Artist.

Original art remains part property of the Artist. The Client may have the image printed multiple times for personal use without the outlined commercial usage restrictions applying.

Commercial Use:

Upon payment for the Work the Client is granted permissions to distribute copies of the work under the conditions as

follows: The Work must be printed in conjunction with the Function as outlined in Commission section of contract and must contain logos and text in direct association with the Function product. Electronic usage is permitted where advertising the product. The permitted duration of commercial usage is equal to the duration of issue of the function product.

In signing this contract the Client agrees to pay an additional fifty percent (50%) of the total fee for failure to include a credit line within the publication. A credit line is required independent of Artist's signature, which shall be included at Artist's discretion. Client agrees to provide Artist with ____(0) sample copy (copies) of any printed material.

All rights not expressly granted above are retained by the Artist, including any unmentioned electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.

Only when the fee of ______(clients final payment amount)_________ ($000.00) has been paid to the Artist by the Client on completion of the Work is the Client entitled to the aforementioned rights granted.

The Client agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.

Miscellany

This Agreement shall be binding upon the parties and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties. Any dispute regarding this agreement shall be arbitrated in Australia under the rules of The Australian Copyright Act 1968 (as amended) and the laws of Queensland which shall have exclusive jurisdiction and venue.

By signing this agreement the artist and client certify to have read and understood all conditions and responsibilities applicable to them as outlined in the contract.

Artist: _____________________________________ Date: ____________

Client: _____________________________________ Date: ____________

End Form 2


More information on drafting a contract

<sup>Disclaimer: The author of this news article is not a legal practitioner and the contract drafted above may exclude necessary legalities. It is highly recommended that Artists and Commissioners have someone with a legal standing review their contracts before utilising it as a legal document.

Deviation</sup>

It is in your best interest to attain physical copies with the signatures of all involved parties. Make duplicates to be signed multiple times.

I hope in some way this will prove useful to my fellow artists and help them feel a little safer.