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Commission Terms

by Keith Bond on 5/10/2010 2:32:47 PM

This article is by Keith Bond, Regular contributing writer for FineArtViews.  You should submit an article and share your views as a guest author by clicking here.


Last week I wrote about commissioned artwork.  There were a lot of great comments and questions as a result of the article.  Some of those comments prompted this next post.

The key to successfully including commissions as part of your business is to be professional.  Develop a policy; terms that you are comfortable working by.  Put them in writing and clearly explain them to your potential clients.

I’ll share how I do commissions.  You don’t need to structure yours the way I do, but this will hopefully give you some ideas to think about. 

Determine if the Job is Right for You

Listen carefully to the client.  What do they envision?  How open are they to your interpretation of the subject?  How involved do they want to be?  Discuss your terms with them as to how you would approach the commission.  Let them know up front what you expect and make sure you understand what they expect.  Then make a decision.

Not all commissions that come along are right for you.  Be honest with yourself and your client.  If you cannot do what the client wants, tell them.  Refer them to someone who can, if possible.

Don’t simply turn something down either, because it is challenging or something beyond your normal scope of work.  Consider it carefully.  If you can get excited about the project and the prospect of pushing yourself, it can be very rewarding.

Have a Contract

Before beginning your commission, have the client sign a contract (it is a business deal) and put a deposit down. 

The Following are My Terms – You May Have Other Items of Importance

Surcharge

It is completely appropriate to charge more for a commission.  I do feel strongly that prices need to remain the same no matter what venue you sell your work in.  But a finished work of art available for sale in a gallery or show is different than a commission.  A commission is also a service and you need to be compensated for that service.  Commissions require a lot of extra work.  I charge a surcharge of about 15% above normal retail prices.

Deposit Required

I require a non-refundable deposit before beginning the commission.  The surcharge amount is usually the amount of deposit.  If the final size is not completely determined at this point, then an approximate amount is established, based upon likely sizes.

Travel Expenses

If travel is required, the client usually pays the travel expenses (with a few exceptions).

I Only Work From My Own Reference Material

I will never work from someone else’s photos, including the clients.  Ever.  A huge component of my work is the emotional connection to a location or subject.  Memory is also important.  Color, mood, lighting, values, textures, etc. are all influenced by direct observation. 

Develop Studies 

I develop a couple studies to propose to the client.  I try to stay true to what they want, but I make it clear that my ‘voice’ will inherently be part of the work.  They commissioned me because they like the way I interpret a scene.  I make sure that I have a fair amount of room to be excited about the piece.

I email the studies (unless they are local, then I show them in person).  The client does not get the studies as part of the commission.  I keep them unless they opt to purchase them in addition to the final painting.

Approval to Proceed

If the studies are not approved and they wish to back out of the commission, I keep the deposit.  If a study is approved and chosen, then 50% of the remaining balance is due. 

Fulfill Your Side of the Contract

Make sure you deliver what you promise when you promise.  Better yet, deliver early.  If I think a painting will take 2 weeks to complete, I tell the client 3 weeks and then deliver in 2. 

Final Approval

When I have completed the painting, I email an image (or show it in person if local) for final approval.  Once they approve, the final payment is then due upon delivery of the work.  For paintings that need to be shipped, the payment is due before I ship the painting.

Be Professional

This is just a brief overview.  And as mentioned before, these are only ideas.  Develop terms you are comfortable with (including a return policy).  But remember, be professional.  It will make things much more enjoyable if everything is understood before you begin.

Best,

Keith Bond



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Related Posts:

Commissioned Art

Responding to Discount Requests


Topics: art marketing | sell art 

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 51 Comments

Michael Cardosa
via fineartviews.com
Keith,

Thanks for another helpful post. I think you've spelled out how to handle a number of the issues here for someone like myself who has not had the opportunity as of yet to work on commissioned paintings.

My question is when someone decides that they don't want to go forward or for whatever reason they don't pay and you keep the painting would you then try to offer it for sale through whatever other venues you're working with? Would you offer it as is or would you alter it or is that something you'd decided piece by piece? Are there any copyright/privacy issues etc. to consider?

Thanks,

Michael

Karen Winters
via fineartviews.com
Good post, thank you.
I follow most of the guidelines with the exception of only working from my own photos. Sometimes I just can't. The other day a woman inquired about doing a portrait of her mother when she was a young woman. I've had requests for commissioned paintings of deceased persons and far away places that I'm not likely to visit in person (at the right season.) So, we make accommodations. Sometimes I'll think of a place it reminds me of. That helps.

Sharon Weaver
via fineartviews.com
A commission is more work and though I haven't charged more in the past, I will in the future. Also, I have painted from the clients photos and that does increase the difficulty. I will try to eliminate that and use my own references. Most of the other points I have already been doing so thanks for the check list.

K. Henderson
via fineartviews.com
I usually don't accept a commission that is vastly different than what I normally paint. And Michael, you asked a question I was about to comment on. I always tell the client that they are not obligated to buy the finished piece because, since it will be similar to what I normally paint, I can sell it through one of my galleries.

Daggi Wallace
via fineartviews.com
Thanks for another great article with lots of helpful tips. I agree with you that it's important to turn down some commissions that just don't resonate with you. The finished piece still needs to fit in with your overall vision for your body of work. Regarding working from the client's own photos: as a portrait artist, I am sometimes asked to do posthumous portraits or "surprise" portraits, when the subject cannot be photographed by me or sit for me. These are always much more difficult and I am seldom completely satisfied with the outcome, even if the client is. There is just no substitution for meeting and interacting with the subject yourself!

Debra Russell
via fineartviews.com
Thanks Keith...I too have not been sure of how to proceed with a commission. I have recently been approached by a few clients that saw my work at a large show and since both paintngs happened to be of the Tetons, I knew I could sell the finished painting if they didn't like it. I agree getting a non-refundable deposit would help eliminate that glitch!

Ruth Hurd
via fineartviews.com
This has been very helpful.

When you email images of sketches and/or the final work, do you limit what the client can do with those images? Who owns the image (as opposed to the actual painting/sketch)?

Do you reserve for yourself the right to use the image (when you market your own work, for example)?

Gina Buzby
via fineartviews.com
Interesting guidelines. I can see why you implement these. Mine are similar.

helen horn musser
via fineartviews.com
Keith, You have a very stable and satisfying marketing technic for your commissions. I have used the appropriators photos when they are not local. One in New York and I'm in Texas; settled for their picks and they were very pleased with results. He had a beautiful garden and was a good photopher. Other than that it went about the same as your work. Got paid before sending painting. Did not have a contract. This plan that you have shared appears to be excellent. Thank you for sharing

Sheryl Knight
via fineartviews.com
Excellent post Keith, and I do commissions very similar already. I don't really like doing them, much rather just have the freedom to paint what I want. I developed the contract that works for me with the non refundable deposit several years ago. It helps to sort out those who are really serious and those who are not.
Thank you for your confirmation that I was on the right track.


Carol Schmauder
via fineartviews.com
What great guidelines you have provided Keith. I think it is great to use your own reference photos rather than those provided by the client. That emotional connection is important.

max hulse
via fineartviews.com
Keith You write some quality articles, and
this is one of the better ones. You always
have a lot of meat in them and usually things
not seen in print (at least by me).

Max Hulse

Marian Fortunati
via fineartviews.com
Great and useful suggestions. I know several occasions when it might be necessary to use photos which are the client's but I really do see why you suggest that this is not a good idea.
Thanks again for the well thought out checklist!

Keith Bond
via fineartviews.com
Michael,

Yes, I would sell it through another venue.

I try to work everything out and get the painting to my satisfaction before showing it to the client, so there's usually no need for revisiting it.

In the agreement/contract that we both sign, it states that I own the copyright. Thus, I can do what I want with the image and/or painting.

Rita Romero
via fineartviews.com
Great article with helpful information. You may want to add that when someone decides that they don't want to go forward with the job, don't pay for it, or return the painting. In the contract you should stipulate that the artist keeps the copyright ownership and can use the image for publicity. If you end up keeping the painting, you have the right to offer it for sale, alter it or keep it.

Joanne Benson
via fineartviews.com
Keith, Another excellent post. Thanks for sharing how you handle commissions. I agree that commissions are more work and should be priced as such.

Keith Bond
via fineartviews.com
Karen and Daggi,

I don't do portrait work and I've never had someone ask me to paint a deceased tree :)

Michael Cardosa
via fineartviews.com
Thanks Keith, I appreciate you getting back to me and answering those questions. It's very helpful, especially in how it relates to who owns the images.

Michael

Judy Mudd
via fineartviews.com
Very good ideas here, Keith. I mainly do watercolor portraits as commissions, both people and animals. Often a client asks me to do a painting from an existing photo, but, like you, I prefer working from my own photos when I'm able. I have been doubling the cost from my regular paintings, but I've seen where some people recommend triple the cost. I've never really known where to go with pricing or what is standard for portraits. Also, for every added subject to a portrait painting, I've seen people suggest adding 50 percent of the cost of the total painting per subject. Have you seen anything like this?

Keith Bond
via fineartviews.com
Ruth,

As stated in my contract, I own the copyright and can do whatever I would like with the image. I can use it for promotions or anything else.

With the emailed images, I simply add the copyright notice beneath the image.

Michael Cardosa
via fineartviews.com
careful Keith, it's statements like that one that will bring all the people with dead trees and a pocket full of money out of the woodwork...

Michael

Daggi Wallace
via fineartviews.com
Keith, you never know, there's a first time for everything :)! Love your work and articles!

Michael Cardosa
via fineartviews.com
Keith, thanks again. This part about adding the copyright notice along with the emailed images is great advice as well.

Michael

Keith Bond
via fineartviews.com
A few of you mentioned times when it may be necessary to use clients' photos. That is a personal decision that you must make. I choose not to use their photos.

I would rather travel to the area or else turn the commission down. It would be a very, very rare and unique situation that would make me even consider using their reference. And only if I already had my own reference which was very similar to fall back on.

Even if the client is unwilling to pay for travel expenses, I might still consider traveling there at my own expense. I would do this if the commission was large enough to justify it, or if I have other reasons for going there (perhaps a gallery or show might be near the area). I will try to combine multiple purposes into one trip.

Keith Bond
via fineartviews.com
Judy,

Since I am not a portrait artist, I would recommend you ask a number of portrait artists to determine how to structure your pricing. I do know many artists will charge more for each additional person/pet in the picture. Some charge differing amounts depending upon how much of the figure is included. I cannot give advise on how much to charge, though.

Judy Mudd
via fineartviews.com
Thanks, Keith. I'll do that. Great advice on putting the copyright notice in emails, also. I have photos of some of my paintings as a banner in my email and it wouldn't hurt to add that language below the photos.

Diane Tasselmyer
via fineartviews.com
Keith,
Excellent article and your guidelist will help ME get pleasure and fulfillment out of the commission.

I stopped doing commissions because they weren't enjoyable.

Now, I see I just have to structure them to suit ME and set the rules better.

I think my rules were not complete enough.

Sandy Wisecup
via fineartviews.com
These are great guidelines, very informative and helpful. The surcharge whys and hows are something I've never considered. I will definetly put it into practice from now on. Commissions are stressful for me and a surcharge will help compensate I'm sure. Thank you.

Donna Robillard
via fineartviews.com
Keith, I like the surcharge idea with the nonrefundable deposit. I am just getting started in the business, and I was wondering what a good return policy is. Thanks.

Randall Jordan
via fineartviews.com
One thing That seemed to be left out as far as the commissioned art work is concerned; stating in the contract whether all reproduction rights are surrendered to the client upon full payment and delivery of art work, or the artist retains all reproduction rights. This must be in writing in the contract if the artist wishes to keep his copyright to the work.

Keith Bond
via fineartviews.com
Randall,

This post was not intended to go into the details of a contract. That is another topic altogether.

But yes, the item of copyright must be in the contract. I am no lawyer, but even if it is not expressly stated in the contract, the artist still owns the copyright. Having it in the contract, though, eliminates any confusion and I suppose would be very handy in case of any law suit.

If the client wishes to own the copyright, an agreement must be in writing. You should be compensated for the copyright above and beyond the price of the artwork. You can grant partial rights without surrendering the copyright altogether. Consult an attorney before signing any rights over.



Keith Bond
via fineartviews.com
Donna,

I want my clients to be completely satisfied. My return policy states that the client can return the artwork within 30 days for a full refund, but they pay shipping. If it is a commissioned work, they don't get the surcharge back.



Barb
via fineartviews.com
Thanks so much Keith, I am considering taking commissions and appreciate your listing the finer points, a similar one for starter teachers would be great too.

Wayne Malkin
via fineartviews.com
Why is everyone so tied up with copyright of images of their art work. What's the worst that could happen, someone uses an image and makes some money from it without sharing with you?
Look at it another way ,You or your collector still has the original with more prestige attached to it, and potentially increased value.
After all 'Mona Lisa' never lost any value by having a million copies made of it, quite the opposite in fact. Feel free to use images of my work willy nilly . Wayne Malkin, Australia

helen horn musser
via fineartviews.com
Interesting way to think of it, Wayne. How is the art market down under?

Carol Schmauder
via fineartviews.com
I agree with Helen, Wayne, that is an interesting way to look at it. I wouldn't really want someone using a design of mine that is unique without my permission....my not so unique designs...hmmm.

Michael Cardosa
via fineartviews.com
Well, while those millions of copies haven't diminished the price of the Mona Lisa and may have arguably increased it, they didn't put any Lira in Da Vinci's pocket either...

Michael

helen horn musser
via fineartviews.com
That is a very good point Michael; Leonardo could have used that lira too.

helen horn musser
via fineartviews.com
Carol, I think I agree with you but, I have mixed emotions about it. They should ask permission to use our designs or copy our work. It is a compliment to have someoone want to copy your work but, that person loses because they are not developing their own style and skills. For a group or print company to steal your art and sell it is against the law, isn't it?

Wayne Malkin
via fineartviews.com
I expected some responses in the negative to my proposal of copywrite free images of art. Michael I agree that Leonardo didn't benefit from the millions of copies of his work ,but that is only a timing thing. If he were alive now he would be a up there in the rich list, as would Van Gogh. I would prefer my work on some ones gift card with no royalty ,than not anywhere, with no royalty , bearing in mind that when I am rich,famous and in demand haha! I can change my position.
Helen , in answer to your Query I can report that for a long time I have been hoping for smaller works(in Australia) to become more popular (as I paint small works ). Lately we have seen the emergence of small work comps. so am overjoyed as the possible demise of 'bigger is better' in art.

Joanne Benson
via fineartviews.com
Hi Wayne,

You and my hubby should be friends...hehehe....he wants me to sell my art really cheap so that lots of people own it and then they will all want my prices to go up....I think I already am really cheap so our definitions of "really cheap" are different...At any rate I don't worry too much about copyright...figuring no one is gonna steal my stuff anyway.....I think there is an awful lot of art available anymore....technology makes everything more accessible and with modern supplies more people are getting into the act of creating art!

Debra Russell
via fineartviews.com
Wayne, I have a friend who is an national award winning artist who opened a clothing catalog one day and saw a print of one of her paintings that had won an award being sold amongst shoes and prairie skirts! She contacted an attorney and after 2 months of attorneys fees, the printing company offered her $5000 to settle. She was most upset that the reproduction was awful and didn't represent her level of work...they had lifted the image directly from the gallery website. This was a major print making company who is doing this until they get caught. Then they offer the artist a nominal fee to go away, knowing full well the artist will have to spend alot more fighting it! To me this is WRONG !!! Why should others profit from your work?

helen horn musser
via fineartviews.com
Wayne, small works are just as important as large; some are far more diffucult so don't give it up. The worm always turns

helen horn musser
via fineartviews.com
Debra, Wow! A real time artist getting scammed; it must be more previlent than I thought. Good for her she fought it. Thanks for sharing.

Sheryl Knight
via fineartviews.com
Keith, excellent article on commissions. I agree with everything you wrote. I do it pretty much the same way and it keeps me from being frustrated with it since I don't love commissions, and it means the buyer is serious if he is willing to pay a non-refundable deposit. Before I did contracts like you spoke of I got burned a couple of times and learned my lesson the hard way. Thanks.


Michael Cardosa
via fineartviews.com
Debra,

another true story about the abuse of the copyright laws and it is WRONG.

Personally, while I'll sometimes create something from a photo I've found online, I only do it now if I have the photographer's permission. Some of them are surprised I ask but I think it's the right thing to do.

Michael



helen horn musser
via fineartviews.com
Respect of other artists property is very important and we need to have a clean conscience in order to create our work. Integrity is very much a part of deep passion to create. Michael, good for you for asking

Wayne Malkin
via fineartviews.com
Debra, Although I am not (yet) :) a nationally recognised artist as your friend is, I do seem to look at things from a different angle. This can be helpful as an artist. Did your friend lose any credibility, money, influence,or prestige by this company using the image?
Anyway...
If this had happened to me I would not have run straight to a lawyer but talked to the company direct or through an agent about entering a long term advertising contract for a mutually rewarding outcome. After all they obviously liked her work! It could have turned into a very lucrative opportunity. I say think outside the box.... Wayne Malkin -Australia

Wayne Malkin
via fineartviews.com
Debra, further to my comments,I may have misread your remarks as the images were used to sell shoes and skirts. You may have meant that posters themselves were being sold......
Either way my answer is essentially the same,and I would not be irritated by people making money from me. I would only call it stealing if they stole the original. Even the theft of an original never did any harm to an artists reputation. Think about it!

Janice Robinson-Delaney
via fineartviews.com
Unlike many of you I have never done portraiture work nor commissioned work, but that's not to say I wouldn't try it, this article is of course the best and most concise one that I have read on the subject.

Spencer Meagher
via canvoo.com
Keith, you've hit my weakness. Contracts and down payments. I have a hard time pushing for this. I think probably because commissions are typically under three hundred and most of my clients are local people I know. That being said I have been stiffed two or three times. I guess I haven't learned my lesson.










 

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