On Commission by Schelly Keefer
SchellyKeefer@aol.com
Commission work is as old as art itself. No doubt in some cave in ancient France, Og first admired Grog’s artwork and traded him a good spear to paint Og’s cave with the elk and bison he wanted gaze upon during cold winter nights and could not draw himself. Look at many a Renaissance painting and in the background of a suffering Jesus, doleful Mary, or beheaded John the Baptist, you will see patrons.
While people have been paying for artwork to be created to their tastes forever, many artists look at commission work with trepidation. “Will they like it? Is it what they want? How do I pick out what’s in their heads from the few clues they’ve provided? What if they won’t pay for the work? Is this going to be like painting in a straightjacket?” All are valid concerns.
Creativity can be an important part of commission work. You’re trying to peer into another person’s mind and find out what they want, when sometimes they don’t know themselves. What I’ve realized is that the client who wants a painting of their old home isn’t looking for a correct architectural rendering. They’re looking fulfill an inchoate longing, to connect again with their memories. It may be more important that the right flowers are in the garden, or that snow coats the ground, or that the cat be in its usual spot, than that the roof perspective be correct. For that reason it is often useful to get as much reference material as you can. Get to know your subject. In one piece I added a younger sister from another reference photo to the porch and that was what made the painting for his client.
I’ve been doing commission work for many years. It can be and usually is rewarding. I’ve had people be so overcome by a painting of their favorite pet, their old home, or the face of a loved one, that they’ve needed several minutes and a few tissues before they could collect themselves and their new treasure to leave. But I early learned that the best way to handle the process is for all parties to know their roles and responsibilities in the commission. Surprises and ambiguities are what cause problems between artists and clients.
To eliminate this I came up with a simple contract that protects both parties and makes for a smooth commission process. The example attached is oriented toward commissions of equines, something I’ve often done, but it is easily adapted for any subject.
First and foremost, my aim is that people be pleased with what I’ve painted for them. So while I do ask for 50% down to cover my time and any material expended- no client has to take a piece, that for whatever reason, they do not connect with. The remaining 50% is predicated on their being happy with the work. This virtually never comes up, but is a good selling point with customers. First, it says that I am completely confident that I can produce a work they will enjoy. Second, if the client is nervous about committing to a work, it allows them to put half a toe in the water.
Another protection I’ve built into the contract is an acknowledgement that the client has seen my work and understands that the proposed piece will be in a similar style. This protects me, as an impressionist painter, from the complaint that the piece is not photorealistic.
I did not write this contract with a lot of legalese or detail. I do not want to inject formalism, or a sense of this being a commercial or legal matter, into the artistic process. There are however issues of intellectual property law that should be attended to. All created works have an inherent copyright. Most people understand copyright on written works quite well. Even if you buy a first edition or the manuscript of, “Harry Potter,” J K Rowling still owns Harry and her words about him.
When a painting, or a print of that painting is sold, the original copyright of the photo or a painting, resides with the artist. This presumption in the law protects you from having a painting of yours suddenly appear on some product without your permission, say for example on dog or cat food cartons. I give clients the option when they purchase a piece, of buying the copyright for the image. For many artists this will not come up as an issue but if you (as I have occasionally been asked to do) create logo, letterheads or other corporate branding this is important protection for both parties. The client will want to own the exclusive rights to these images and know that images will not be reused.
If they do not purchase the rights, then the copyright stays with me. This doesn’t prevent a client from using the image on a screensaver or making a mouse pad out of it. It does prevent them from making money on it, which is the real protection of copyright for the artist.
With a little preparation, you can safely add commission work to your means of making a living in the world of art. A contract takes the guess work and awkward conversations out of the process, leaving us to do what we want to most, create memorable, lovely works of art.
Boone (Pastel on Sennelier paper)
I was raised in a home full of dogs where fur was considered a condiment. I love painting dogs and feel that I do a good job of capturing their expressions. As Boone is a warm light object I placed him against a cool background.
Play Pals (quarter sheet watercolor on 140lb cold press)
I think that the owner of these two playful Rat Terriers wanted a painting of them so she could see what the looked like if they ever stood still.
Stella & Jewel (full sheet watercolor on 140lb cold press)
While this was a commission it is also my best watercolor and one of my favorite pieces. When the client came to pick this up she said, “It’s more beautiful than I could have ever imagined.” That’s why I am glad I am an artist and why I do commissions.
Dilworth Home (Caran d’ache on Wallis Paper)
This home was leaving the family yet it held many memories.
So a thoughtful wife had it painted for her husband so he could take it with him.
Colleen and Salsa (Pastel on Wallis)
Colleen is one of the biggest animal lovers I have ever met and is never happier than when she is with her four-legged friends.
Art of Mine Commission Contract Exemplar
Schelly Keefer d/b/a Art of Mine
6409 Willow Run Drive
Charlotte, NC 28277
(7040 752-9085
Date _____________
Art of Mine Commission Contract
Congratulations on having your own piece of unique and original art created for you. Art of Mine will do its absolute best to make sure you have a creation you can be proud of. You have reviewed samples of my style and understand it is the style in which yours will be painted. The artist transfers ___ does not ___transfer the rights to the image (copyright) to the buyer.
The proposed piece (title) _____________________ is a (medium) ________________ measuring (X inches) __________________ and will be delivered unframed to the buyer Address______________________________________. Email_____________________.
The purchase price will be set at _______. Please note that 50% of the price __________ is due at signing. The balance __________ is due on completion and acceptance.
Art of Mine wishes you to be delighted with your purchase. If for any reason you do not wish to accept the finished piece, you are not obligated to pay the 50% balance. The 50% down payment, in that event will be retained by the artist to cover time and materials expended.
Artist_______________
Buyer_______________
Horse___________________________________ Color_______________
Specific details of the horse___________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________
Particular needs of the client________________________________________________
_______________________________________________________________________________________
Gift Yes ________ No ________________
