What is a commissioning agreement?

A commissioning agreement, also known as an art commission, is a legal contract between an artist and a client who is commissioning artwork. In California, such agreements are laid out in the California Arts and Professions Code, which states that an agreement should include the name of the artist and the client, the nature of the artwork being commissioned, details about when and where the artwork will be completed, and the payment that will be received by the artist in exchange for the artwork. Additionally, any specific instructions about the artwork should be laid out in the commissioning agreement in order for each party to have a clear understanding of the transaction. The agreement must also ensure that the artist is provided with the necessary copyright protections. This means that the artist holds the right to ownership of their artwork, and the client must be prohibited from using or modifying the artwork without the artist’s permission. Finally, the agreement should be signed by both the artist and the client in order to make it legally binding.

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