Here are the top 5 things every artist should have in writing prior to starting a commission.
First, congratulations on getting a commission. Second, congratulations for understanding how important it is to enter into a written contract with your Patron. Having a clear understanding between both parties will help the relationship grow and hopefully ensure there will be more commissions to follow.
The commission likely began with a simple conversation, a Patron liked your work and wanted you to make them something new to fit a specific location or to add vibrancy to the décor of their business. This is the perfect moment to write down, or memorialize, the Patron’s expectations as well as yours, without delaying the project. The legal tool used for this is called a Memorandum of Understanding, think of it as a contract before the contract. A Memorandum of Understanding (“MoU”) is often structured like a letter and includes the most important terms of a contract. It is used by many companies and individuals to allow the parties to begin working towards their mutual goal with some protection and legally binding terms while the attorneys negotiate the finer details of the full contract.
Here are the top five (5) things all artists should discuss and memorialize prior to beginning a commission:
(1) How, When, and for What will you get paid?
How much will you be paid for your time? Will materials and subcontractors fees be paid for by the Patron? Will you work out of your studio, on-site, or will the Patron need to provide space for you?
Will payment be made in installments? At what intervals (i.e.: upon signing, upon first draft or “spec” being provided to Patron, at each specified deliverable or draft approval, upon final delivery)?
Who will pay for delivery, shipping, insurance, and/or installation costs?
Will you be paid via Cash, Venmo, Zelle, Cashier’s Check or otherwise?
(2) The Artwork
What is the type, description, size, and purpose of the Artwork being commissioned?
Does the commission fit into your specific genre or style? If not, have you discussed the Patron’s reasons for choosing you for this commission and can you meet their expectations (e.g.: if you generally create abstract art and the Patron is commissioning a portrait it is advisable to memorialize any conversation regarding expectations).
You retain final creative control, but, how much input may the Patron provide during the process of creating the Artwork?
Will you need subcontractors to complete the Artwork?
Note that you will retain all copyright and moral rights in the Artwork.
Will you retain the right to use the Artwork in future exhibitions/retrospectives?
Will you retain the right to be the one to fix Artwork should it need any conservation work?
Will you seek the right of first refusal to buy the Artwork back should the Patron wish to sell it in the future?
(3) How will you and the Patron communicate with each other?
Will you be expected to text, e-mail, call, zoom, or host in-person check-ins?
Which method will be utilized for general communications vs. viewing a spec?
Who is responsible for scheduling draft viewings in-person or initiating virtual drafts being sent?
Who is in charge of coordinating delivery and installation?
What are your expectations regarding a reply?
How long does the Patron have to review and approve a draft?
How long does do you have to implement their feedback?
If a reply is delayed, how does that affect the draft or deliverable timeline?
(4) Deliverables and Timeline:
How long before the final commission contract needs to be signed?
How long will the Artwork take to complete?
How many drafts of the Artwork will be provided to Patron and at what intervals?
When and how will the artwork be delivered in its final form?
(5) Satisfaction Upon Delivery and/or termination:
Upon final delivery will the Patron accept the Artwork as complete or is there a time period for which they can requests changes?
What is the scope of what they can request?
Will the you be paid hourly for any subsequent work?
What happens if the Patron changes their mind or is unable to continue under the terms of the commission while the Artwork is still being created?
What happens if you are unable to complete the Artwork within the timeframe or at all?
The list above is meant to inspire your thinking and is not all encompassing nor is everything applicable to every commission. Similarly, the answers to some of these points may still be vague and need to be worked out prior to the signing of the final commission contract, but that is the beauty of the MoU. It is flexible while simultaneously providing you with some protection and framework of understanding between you and your Patron.
From the MoU to the final commission agreement, we are here to help you. Click here to book a free consultation.