Artists’ Guide To Commission Agreements (2025 Updated)

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Being asked to produce commissioned work can be extremely exciting. After all, it shows that someone appreciates your work so much that they want you to create something uniquely for them!

Before you jump the gun and start working on the project, it’s important to make sure you have a Commission Agreement in place to protect your rights and interests and to prevent disputes arising down the track. In today’s fast-moving digital environment in 2025, a robust agreement lays the foundation for a strong working relationship between you and the commissioner – and can be the key to successfully completing the project, satisfying your client, and opening the door to further commission opportunities. For more detailed advice on contract drafting, you might also check out our Contract Review service.

Read on to learn more as we explore what to look out for when drafting a Commission Agreement in this ever-evolving creative landscape.

What Is An Artist Commission Agreement?

A Commission Agreement is a contract that sets out the terms and conditions of the relationship between an artist and the commissioner – the person or group requesting that you create a piece of work just for them. In 2025, with many creative projects initiated online and executed via digital collaborations, these agreements are now frequently executed with secure e-signatures and updated clauses to reflect current industry practices.

A Commission Agreement generally includes clauses addressing the following:

Payment terms
Design brief and deliverables
Intellectual property (IP) rights
Dispute resolution
Termination

Hammering out the finer details and ensuring that the rights and obligations of both parties are clearly set out in the Commission Agreement helps to ensure everyone is on the same page. This clarity is especially critical in 2025 when remote and digital collaborations are the norm, minimising the risk of misinterpretation or confusion later on.

Commission Agreements that are overly simplistic or laden with vague terms (such as “reasonable” or “satisfactory”) may leave room for divergent interpretations. If disagreements arise, you want a contract that answers questions rather than creates more ambiguity.

Taking the time to draft a comprehensive agreement not only defines expectations for the project and the working relationship, but it also helps to keep both parties accountable. This detailed approach is indispensable in ensuring smooth collaborations in today’s competitive creative industry.

Be sure to keep your Commission Agreement readily accessible so you can refer to it at any stage of the project.

When Should You Use A Commission Agreement?

Use a Commission Agreement whenever you are engaged to produce a specific work for someone else. No matter the size of the project, formalising the arrangement in writing demonstrates professionalism and safeguards you if an unexpected event occurs that affects the project or relationship. In 2025, with creative work increasingly managed over digital platforms, ensuring that every detail is confirmed in a signed agreement is more important than ever. For additional insights into solidifying business arrangements, you can refer to our Business Setup Guides.

Don’t begin work on the project until a Commission Agreement has been signed by both you and the commissioner.

Why Is It So Important?

As an artist, having a Commission Agreement in place not only ensures that you will be paid but also helps to guarantee that payment is made on time. With digital payment systems now standard in 2025, clearly defined payment milestones protect your cash flow.

What your clients want you to create may evolve over time. It is important to be compensated for all the time and effort you invest in the project, even if timelines shift or the project is cancelled altogether.

Additionally, a Commission Agreement can set out specific timelines and processes that must be followed throughout the project. For instance, the agreement may require periodic meetings – whether virtual or in person – to ensure that your vision and your client’s expectations remain aligned. These sessions provide an invaluable opportunity for feedback, ensuring that the final work meets both parties’ standards. To learn more about structuring these agreements, check out our resource on Commission Agreement Essentials.

What Is In An Artist’s Commission Agreement?

As mentioned earlier, a Commission Agreement typically covers aspects such as payment terms, detailed descriptions of the work, timelines and due dates, intellectual property ownership, dispute resolution methods, and termination procedures. In 2025, many agreements additionally address digital file delivery and online content rights to reflect modern creative practices.

Payment Terms

Be realistic and transparent about the amount of work needed to produce the piece and the materials required. Don’t forget to discuss costs such as framing, shipping and delivery, installation, and other incidentals that may not be directly related to the creative process. In 2025, with production costs on the rise, itemising these details in your agreement is more important than ever.

When should payment be made? A common practice is to require a 50% deposit before you begin work, with the remaining 50% upon completion. For larger projects, you might consider milestone payments to cover the increased costs of materials and effort at different stages.

It’s also advisable to include a penalty clause for any late payments. Late fee provisions help enforce payment schedules and safeguard your financial interests.

Furthermore, incorporating provisions to handle unforeseen delays or additional work requests is essential. For example, if the project is delayed or if the client requests extra modifications, these additional costs should be clearly allocated to the commissioner. Such provisions ensure you are not left out of pocket should circumstances change unexpectedly.

Design Brief And Deliverables

Including a detailed design brief is an essential component of a Commission Agreement. This section outlines the concept and specifics of the work you are commissioned to create, including any project requirements or constraints. In 2025, with many projects managed remotely, a thorough design brief helps to prevent miscommunications and sets clear expectations from the outset.

You may wish to include references to similar works, along with sketches or prototypes of your proposed creation. This added detail not only provides clarity but also demonstrates your professional approach.

Additionally, this section should detail timelines and production stage estimates, including when scheduled meetings (whether virtual or face-to-face) will take place for feedback or revisions. Any meetings or requests beyond the agreed schedule should be charged per your payment terms. In today’s digital age, clearly defined milestones are essential for keeping the project on track.

Intellectual Property

This section clarifies who will own the work once it is completed. It is particularly important in 2025 – when online distribution and digital reproduction are commonplace – to address how your work is to be used and shared.

Unless otherwise stipulated, you will generally retain copyright over the work. You may grant your client a copyright licence to use the work, incorporating licence costs into your overall fee. Be sure to outline the specific terms of the licence and make it clear that copyright remains with you. With the evolving digital landscape, ensuring that your copyright terms reflect modern usage scenarios is essential.

Alternatively, you can transfer IP to your client. This permanently and irrevocably shifts IP ownership, allowing the client to utilise the work as they see fit. Should you opt for this route, ensure your remuneration is adjusted accordingly and that you retain the right to reproduce the work for designated purposes such as your portfolio, promotional materials, or submissions for awards. For tailored advice on IP protection, explore our Intellectual Property services.

Dispute Resolution

While you hope this clause remains unused, it is always best to be prepared should disagreements arise. In 2025, dispute resolution clauses are even more crucial as collaborations may span multiple time zones and legal jurisdictions.

This clause sets out the process for resolving disagreements – ranging from disagreements over additional work charges to disputes about whether the delivered work meets the agreed standards. Mediation, typically via a mutually agreed-upon independent mediator (with costs usually borne by the client), is a common method. For further reassurance, consider utilising our contract review services to ensure your clause is robust and up to date.

Termination

How can the agreement be concluded, and what happens if it is terminated before you finish the project? This clause should clearly outline the circumstances under which the agreement can be terminated and the procedures that must follow. In 2025, it is vital not only to specify grounds for termination but also to detail how outstanding payments or costs incurred up to the point of termination will be handled.

If you have already commenced work on the project, a well-drafted termination clause ensures that you are compensated for all work completed before the agreement ends.

For artists engaged in multi-phase projects or recurring commissions, it’s advisable to expand your Commission Agreement to include clauses for revisions, cancellation fees, and digital content delivery methods. Such comprehensive provisions are increasingly important in 2025’s digital marketplace, ensuring every aspect of the creative process is covered and that your professional relationships remain built on trust and clarity.

Need Help

Whether you’re on your first commissioned work or your hundredth, having a Commission Agreement that protects both you and your creative output is essential. If you need tailored advice or assistance drafting an agreement that meets your specific needs in 2025, don’t hesitate to reach out for a free, no-obligation consultation on 1800 730 617 or via email at team@sprintlaw.com.au. For additional guidance on legal protections for creative professionals, our Intellectual Property and Contract Services sections offer valuable insights.

Kayleigh Yap

Kayleigh is a graduate in Arts and Law from the University of New South Wales. With an interest in human rights and intellectual property law, she has experience working in communications and marketing for small businesses and not-for-profits.

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