Artists’ Guide To Commission Agreements

Commissioned work can be one of the most rewarding parts of your creative practice. You get to collaborate with clients, bring a specific vision to life and get paid for your unique style.

But without the right agreement in place, even the most exciting commission can run into problems - unclear briefs, scope creep, late payments or disputes over who owns the artwork.

This guide breaks down what a commission agreement is, what to include and how to run a smooth, professional commission process in Australia. We’ll also cover the key legal issues for artists so you can protect your work and your income with confidence.

What Is An Art Commission Agreement (And Why It Matters)?

An art commission agreement is a written contract between you (the artist) and your client that sets out the scope of the artwork, timelines, fees, approvals, ownership and what happens if things change or go wrong.

It’s not about making the process rigid - it’s about clarity. A clear agreement protects your time, your creative process and your intellectual property, while helping the client know exactly what to expect.

If you take on custom projects regularly, having a tailored Commission Agreement in your toolkit is essential. It standardises the way you work, reduces back-and-forth and gives you a solid base to adjust for each job.

What Should A Commission Agreement Include?

Every commission is different, but great agreements usually cover the same core topics. Use these points as your checklist and adapt the details to your medium (visual art, illustration, mural, photography, sculpture, digital works and more).

Scope And Deliverables

• Define what you’re creating, in plain English. Include size, medium, number of pieces, style or references and any technical specs.
• Spell out what the client receives at the end: originals, high-res files, framed works, installation, packaging or shipping.

Process, Milestones And Timeline

• Set key dates (concept presentation, draft/proof, final approval, delivery/install) and your availability.
• Explain how many rounds of feedback are included and how the client provides approvals.

Fees, Deposits And Payment Schedule

• Set a clear fee structure: flat fee, day rate, stage payments or a hybrid. If applicable, state that prices are inclusive or exclusive of GST.
• Include a non-refundable deposit to secure your time, then link progress payments to milestones (e.g. 50% deposit, 30% on draft approval, 20% on delivery).
• Outline late payment terms (interest, stop-work rights) and acceptable payment methods.

Intellectual Property: Ownership Or Licence?

By default, you own the copyright in your artwork as the creator in Australia. Your agreement should say whether the client will own the copyright (full transfer) or receive a licence to use it for specific purposes.

• Licence model: You keep ownership and grant a limited licence (for example, for personal display, a one-off event or specific marketing campaign). A tailored Copyright Licence Agreement is ideal when you need detailed licence terms, such as duration, territory and permitted uses.
• Assignment model: If the client must own the copyright (common for certain commercial uses), document a formal transfer using an IP Assignment. Make sure the fee reflects that you’re selling your rights, not just your time.

Either way, be explicit about what the client can and can’t do (e.g. no edits, no resale, no merchandise without permission) and whether attribution is required.

Moral Rights And Attribution

Australian artists have “moral rights” - including the right to be credited and to object to derogatory treatment of your work. Your agreement should require proper crediting and set boundaries around edits or cropping. If you consent to certain modifications, state them clearly and keep control where it matters.

Approvals, Changes And Scope Creep

• Set a fair approvals process with a limited number of revisions (e.g. two rounds) and a clear definition of “minor” versus “major” changes.
• Explain your change order process and additional rates if the client asks for new elements outside the original brief.
• Confirm that change requests must be approved in writing (and remember that an email can be legally binding if it clearly records agreement).

Client Materials And Permissions

If the client supplies images, logos or text, your agreement should require them to confirm they have the rights to provide and use those materials - and indemnify you if they do not. This protects you from accidental copyright infringement claims.

Confidentiality And Publicity

Some commissions are sensitive (for example, pre-launch brand work or personal gifts). Include a confidentiality clause, and consider using a standalone Non-Disclosure Agreement for high-profile or commercial projects.

Also address your right to showcase the work in your portfolio, on social media and in press - ideally after public release or delivery to the client.

Cancellation, “Kill Fees” And Delays

• Set out what happens if the client cancels: you keep the deposit, charge for work done to date and, depending on the timing, a reasonable “kill fee”.
• Cover delays caused by the client (for example, late feedback or missing information) and your right to extend timelines or charge waiting fees.

Delivery, Installation And Risk

• Explain packaging, freight, insurance and who bears the risk in transit. If you’re installing, define what’s included and the site conditions you need.
• If you’re delivering digital files, specify formats, resolution and how the files will be supplied.

Warranties, Liability And Insurance

• Give reasonable warranties (for example, that your work is original and doesn’t infringe known rights) and limit your liability to the extent allowed by law.
• If you provide advice or installation, consider professional and public liability insurance (speak with your broker about cover appropriate to your practice).

Dispute Resolution And Governing Law

Add a simple process for resolving issues (good-faith discussion, then mediation) and nominate the governing law (e.g. the state or territory where you operate). This sets expectations and can help de-escalate disagreements quickly.

Step-By-Step: Setting Up A Smooth Commission Process

A strong agreement is part of a bigger, professional workflow. Here’s a practical sequence you can adapt to your studio.

1) Enquiry, Discovery And Brief

Start with a short discovery call or questionnaire. Ask about purpose, style references, size, budget, deadlines and where the work will live. Keep notes - they’ll feed into your scope and pricing.

If you collect client information through your website or forms, have a visible Privacy Policy so clients know how their data is handled. If you accept requests online, your site should also include clear Website Terms and Conditions.

2) Quote And Proposal

Turn the brief into a simple proposal: clear scope, inclusions/exclusions, milestones and your fee. Flag what counts as out-of-scope work and how it will be charged.

Make sure the proposal and your contract align, so there’s no mismatch between the sales conversation and the legal terms.

3) Agreement And Deposit

Send the client your tailored Commission Agreement and an invoice for the deposit. Don’t begin work until you have both signed agreement and cleared funds - this sets the right tone and protects your time.

4) Concept, Drafts And Approvals

Share concept sketches or mood boards early so you can align before investing heavy time. Use your approvals process to keep momentum: request written sign-off at each stage, and pause if feedback or payments are late.

5) Production And Quality Checks

Build in time for your own quality checks before presenting the final version. For digital works, proof on a calibrated screen and export in agreed formats. For physical works, check framing, fixings and finish.

6) Final Sign-Off, Delivery And Installation

Get final sign-off in writing, then deliver as agreed. If you’re shipping, confirm address details and insurance. If you’re installing, confirm access, safety and site readiness in advance.

7) Aftercare And Portfolio Use

Offer care instructions or file usage notes. Confirm when and how you can share the work in your portfolio or socials (as set out in the contract). A well-managed wrap-up leaves a great impression and often leads to referrals.

Legal Considerations For Australian Artists

On top of the contract details, there are a few Australian legal essentials to keep in mind when you accept commissions.

Australian Consumer Law (ACL)

If you sell to consumers, you’ll need to comply with the Australian Consumer Law. This covers things like not making misleading statements about your services, delivering within a reasonable time and providing remedies if the service fails to meet consumer guarantees. Be accurate about timelines, materials and results, and reflect this in your agreement.

Tax And Invoicing

Register for an ABN and, if your turnover meets the threshold, register for GST. Make sure your invoices include required details (ABN, invoice date, amount, GST if applicable). Consider taking stage payments to support cash flow on longer projects.

Copyright, Licences And Third-Party Content

Your work is protected by copyright from the moment you create it. Decide early whether you’re licensing use or transferring ownership, and document that clearly - either within your commission contract or with a complementary Copyright Licence Agreement or IP Assignment.

If you use reference images, stock elements or client-supplied content, confirm you have the right to use them. Your contract should require the client to warrant they own or have licensed what they supply and to indemnify you against claims arising from those materials.

Moral Rights

Even if you license or assign copyright, you retain moral rights (credit and integrity of authorship). Your agreement can include reasonable consents (for example, allowing cropping for layout), but you don’t have to waive moral rights entirely - and in many cases, you shouldn’t.

Collaborators And Subcontractors

If you bring in assistants or specialists (for example, a framer, printer or fabricator), put proper contracts in place so you own or can licence what you need and so confidentiality is protected. Use clear agreements with any contractors you engage and ensure your client relationship remains with you.

Brand And Portfolio

Protect your studio name and logo as your reputation grows. Registering your brand as a trade mark can help prevent others from using a confusingly similar name.

Online Enquiries And Data

If you collect personal information via your website or email list, make sure you’re transparent about how you collect and use data. A clear, accessible Privacy Policy and solid Website Terms and Conditions help set expectations and build trust with clients.

Common Commission Scenarios And How To Handle Them

“Can We Add Just One More Change?”

Scope creep is common - and manageable. Point to the agreed number of revisions in your contract and outline the fee and timeline impact for additional changes. Keep requests in writing so there’s a record. Remember, clear written exchanges matter because email agreements can be binding when they reflect a clear offer and acceptance.

Client Cancels After You’ve Started

This is where deposits, staged payments and a kill fee protect you. Your contract should let you retain the deposit and invoice for work completed up to the cancellation date. If the client wants future rights to drafts or concepts you’ve produced, that should be expressly licensed or assigned and priced accordingly.

They Want To Own The Copyright

If a client needs full ownership (for example, where the artwork will be used as part of a brand identity), reflect that in the fee and use an IP Assignment. If they only need certain uses (e.g. display in a venue, a single print run or a specific campaign), a well-drafted licence is usually better for both of you.

They Supplied A Photo Or Logo

Require the client to promise that they have the right to use those materials and that their use won’t infringe any third-party rights. If the materials are critical to the project, you may also want a backup plan in case permission falls through (for example, an alternate image or design path).

Confidential, Pre-Launch Or Celebrity Work

When you can’t show or discuss the project until a public date, use a confidentiality clause and consider a standalone Non-Disclosure Agreement. Also set expectations about when you can add the work to your portfolio.

Taking Commissions Through Your Website

If you accept custom orders online, make sure your Website Terms and Conditions support your commission workflow (for example, outlining deposits, timeframes and what happens if the client doesn’t approve drafts). Pair that with a visible Privacy Policy so clients understand how you handle their personal information.

Key Takeaways

• A commission agreement is essential for custom work - it sets clear expectations on scope, process, fees, approvals and ownership so you can focus on creating.
• Decide whether the client receives a licence or full ownership of copyright, and document it with a tailored commission contract, a Copyright Licence Agreement or an IP Assignment where needed.
• Protect your workflow with deposits, milestone payments, limited revisions and a written change process (remembering that emails can be binding if they show clear agreement).
• Cover practicalities such as delivery, installation, client-supplied materials, confidentiality and your right to showcase the work in your portfolio.
• Stay compliant in Australia with consumer law obligations, proper invoicing and data transparency via a Privacy Policy and strong Website Terms and Conditions.
• A consistent, written process reduces risk, avoids disputes and makes commissioning you feel seamless and professional for your clients.

If you’d like a consultation or a tailored Commission Agreement for your art practice, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.