Would anyone know about Art Commissions/Contracts? ?

Question

During the first interview between a collector and an artist, is it fair for the artist to charge an interview fee, plus a fee for sample sketches before hand? Or should the interview be free, and sample sketches charged after completion at a later date? Or a combo?

I've been riped off as an artist and NOW I must create a contract to safegaurd my investment of skills, time and matterials. I need help finding a process that is fair between two people and encourages sharing equal faith with one another. Are one the situations above fair? or a combo?

I'm all ears to new ideas also, Can anyone help or have some advice?

Answer 1

Well, I really haven't had your kind of experiences. Most art galleries sell your work off the wall to interested buyers. There is no exchange of sketches and no pre-interviews unless the buyer requests one. The same applies to work sold on-line, through group exhibits, etc. To charge a possible buyer to interview you is un-heard of as far as I know.

With a commissioned work of art (which also includes commercial art, advertizing, design art, etc.) the whole thing is set up like a normal business transaction. In that case, there has to be an interview between the artist and the person commissioning the work. Artists aren't lawyers, my friend. We can't get away with charging a potential client for an interview. But if it is a commissioned work you can and should factor in the price of your time, your travel time and gas expences (but you can't justify this unless you receive the commission) in the amount you're charging. As to sketches to give the buyer (the one who commissions you) you can charge fairly for these once you've accepted the commission.

I've done five commissions: three were murals, one an album cover and the other a billboard design. In each case you, of course, meet with the employer, discuss his or her concept, then you do your sketches, you meet again, he or she approves your general concept pertaining to theirs and you start the work. With commissioned work it is wise to use a contract to cover both parties. Remember, it may be art but it's still a product you're creating to be bought just like in any business agreement.

About rights:

The new copyright laws state that even if an artist sells an original work of art the artist still owns the right to that work's image. unless the artist also signs away that right. Just make sure which rights to your work you're giving up and which you're keeping, including reproduction rights. Most people will only ask for 'first rights', meaning the ownership of the actual original art and in this case if means legally 'first usage.' In such cases you're granted reprint rights. Never give anyone full rights to the image of the art you created. if they insist you can probably get them to agree to 'shared image' rights, meaning you both share the right to reproduce the original.

Answer 2

and add to what doc watson and liddybeff told you:

make the turkeys pay through the nose, don't let them bargain you down.   learn to say "no". learn to walk away without looking back.

never give "sample sketches" charge for your time let them look and keep the sketches,  

Answer 3

Do up a commission agreement, with names and contact details of both parties. What specifically the commission is and when it is to be completed. State in it what sort of deposit is required and that it is non-refundable. Make the deposit enough to cover your preliminary work. Also put in that payment in full is required upon completion of the work. NEVER let a piece leave your studio unless it has been paid for.

The initial verbal discussion should be free.

You both sign the agreements (of which you have two copies, one for yourself and one for the client).

Doing commissions is a pain in the proverbial and generally I don't touch them anymore, luckily I don't need to.