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Author Topic: Commissioned Artwork Contract  (Read 1765 times)

CarolHorvath

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on: May 17, 2015, 05:33:32 PM
Where can I get a free template to create my own contract for a commission? Does anyone know? I downloaded one and I believe it has everything I need. This is a first for me. So any help would be appreciated.    :thankyou:    Carol
"Art is the collaboration between God and the artist, and the less the artist does the better."   Andre Gide


Danielle123

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Reply #1 on: May 17, 2015, 06:27:56 PM
I did not know you needed a contract to sell a painting.   Do you mean for the art gallery?
Danielle
Pourquoi remettre à plus tard ce qu'on peut faire aujourd'hui?
Why put off until tomorrow  what you can do today.


CarolHorvath

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Reply #2 on: May 17, 2015, 06:58:04 PM
Danielle, the woman contacted me to do a commission piece. I want to protect myself as well as her with a contract. She is in San Diego, the piece will be going to South Carolina and I am in PA.  It is not for a gallery. New stuff!!!
"Art is the collaboration between God and the artist, and the less the artist does the better."   Andre Gide


Bev S.

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Reply #3 on: May 18, 2015, 12:52:17 AM
This is a new one on me, Carol!!  ??? 
 
Here in Canada, a simply worded statement perhaps a sentence or two setting out what is be contracted is firm and binding.
 It could be as simple as I, Ms.Got Lots Art Buyer, agree to purchase a magnificent piece of art from Ms. Carol Horvath, artist (name the piece & give the dimensions). 
Add any shipping agreements you made, and the price agreed upon. then leave spaces for her signature and your signature. Date the agreement and send her 2 copies that you have signed. She keeps one and sends you back one that she has signed

Now photograph the painting and attach the photo to the agreement.
 
Also, in Canada you can get 1/2 hour of a lawyer's time, no charge, as a first time visit. Don't know if that applies where you are, but if not perhaps there is some inexpensive way to have a lawyer just verify the correctness of what I have given you.
 Laws vary so much from country to country.  Here once both parties have signed that agreement, it becomes a legal document.  That would be all you would need to prove your case in court
 
Hope this is of some help, Carol.
I live to draw and paint, it a good thing that I don't have to draw and paint to live!


Danielle123

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Reply #4 on: May 18, 2015, 09:34:26 AM
Great info Bev.

I understand Carol, since it is an unknown person and far from home, better safe than sorry.
Danielle
Pourquoi remettre à plus tard ce qu'on peut faire aujourd'hui?
Why put off until tomorrow  what you can do today.


CarolHorvath

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Reply #5 on: May 18, 2015, 10:31:54 AM
 :thankyou: the contract that I downloaded has the sections that are important. Thanks Danielle and Bev perhaps I have what I need now. I didn't think about including a pic of the painting though.   :)
"Art is the collaboration between God and the artist, and the less the artist does the better."   Andre Gide


Bev S.

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Reply #6 on: May 19, 2015, 08:51:57 AM
 :clap: :clap: Super, Carol! It's always good to have photographic evidence. . . .something no one can argue with!!!
I live to draw and paint, it a good thing that I don't have to draw and paint to live!


CarolHorvath

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Reply #7 on: August 05, 2015, 02:24:19 PM
 :sweat: Whew I just mailed my very first commissioned painting to the new owner. I had a quarter of it done when I ended up in the hospital with major abdominal surgery on July 6th. I worried myself silly when the deadline was approaching and I was still not home. I came home on August 1st. It was due August 6th and I had to pay $42 for that delivery date but I am so relieved it is gone....now on its way to South Carolina. I will think hard and long before I accept another commission.
But I fell in love with the family that I've never met!! :smitten:
BTW, I didn't write up a contract and actually didn't need one.
« Last Edit: August 05, 2015, 02:26:21 PM by CarolHorvath »
"Art is the collaboration between God and the artist, and the less the artist does the better."   Andre Gide


mea hamo pena

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Reply #8 on: August 05, 2015, 06:29:28 PM
Carol,

Glad it all turned out okay.

Hope you are well into recovery.

aloha

mea
A day without art is like a day without sunshine.


Annie.

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Reply #9 on: August 05, 2015, 07:00:43 PM
Common Law all across Canada, except in Quebec where it is Civil Law based on civil code (the 'Code Napoleon').

Free legal services are provincial service and mostly for low income people to get an idea if it is worth following through or not, and then they are refer to an appropriate legal firm within budget.  Those are general lawyers, not Art Law specialist, and at best they would need to refer to a specialist lawyer.  Some law firms offer an free initial consultation but again it is to decide if the match problem-client-lawyer is good or not.   Saying that, a good template should be good enough for protection.  Unless the painting will sale for millions of dollars, does one need a lawyer?

Nolan discussed this somewhere, maybe in the business course.  But simply put, yes a commission should have a written contract.  Just good business sense,  because the artist can put in lot of time, research and effort, and the client could walk away without buying the painting in the end.  Worst, those painting are usually personal (like a portrait or based on a private photo, i.e. copyright) and cannot be sold elsewhere. 

Saying that, and agreement can be modified with an addendum, as long as both parties approve.  Since people buy Art because they want to and not because they have to... I would like to believe that the buyer would have accept, on compassionate ground, to change the delivery date given your unfortunate and unplanned situation. 

Happy this had a positive ending, but you likely worried yourself sick while you should have focussed on healing from your surgery.  I am right?
Cheers, Annie
“We can easily forgive a child who is afraid of the dark; the real tragedy of life is when men are afraid of the light.”    ― Plato


Val

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Reply #10 on: August 06, 2015, 04:32:03 AM
Glad things worked out Carol, hoping you are well on the mend.  :1hug:    :flowers:
Cheers, Val

”Creativity is allowing yourselves to make mistakes. Work on knowing which ones to keep!”

- Alvaro Castagnet


ncwren

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Reply #11 on: August 06, 2015, 07:32:10 AM
Congratulations Carol!!! Awesome job-I am also glad you are on the mend.  :clap: :clap: :clap:
~Natalie

Be an encourager. The world has plenty of critics already. ~Dave Willis


nolan

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Reply #12 on: August 06, 2015, 02:24:46 PM
well done, hope you are better now :flowers:


CarolHorvath

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Reply #13 on: August 15, 2015, 06:00:25 AM
They LOVED the painting!  :clap: :clap: :clap:  The request was made by a woman from San Diego for her brother who lived in South Carolina.  I'm so happy he is enjoying it!
"Art is the collaboration between God and the artist, and the less the artist does the better."   Andre Gide


Val

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Reply #14 on: August 15, 2015, 06:23:24 AM
 :yippee: Way to go Carol!!!  :yippee:   Congratulations.  :clap: :clap: :clap:
Cheers, Val

”Creativity is allowing yourselves to make mistakes. Work on knowing which ones to keep!”

- Alvaro Castagnet


 

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