Commission contract recommendations ?

[iyoung]

I'm going to try this question in this forum first:
My standard portrait commission contract merely states stages at which payments are due & non-refundable (initial deposit & second payment after approval of the drawings). I've found, though, that frequently customers want to purchase the drawings or have a print made of the final portrait for grandma, or xmas cards, or whatever and, occasionally, they assume they can simply request the drawings or make prints themselves. I'd like these things to be laid out clearly at the outset to avoid any hassles. Does any commission artist have a standard scale of pricing & agreements for these contingencies? Do you offer them as extra services up front in your brochure so people would know they're available or is that tacky?

Any input appreciated.

Ilene

[kemshmi]

Hi Ilene
i suggest you try this topic in the Business Forum

Kemshmi

[Leslie M. Ficcaglia]

Below is the sort of release/agreement I have all my portrait clients sign. It makes it clear that they can't make copies and that I retain the copyright. I also tell them up front that if they want copies I can provide them; I have photocopies made from the photos of the work that I take before I deliver the painting, and charge $10 for 8x10s and $20 for 11x14s. They know that these are probably not archival but the price is good and they look surprisingly professional framed. When I have the photocopies done I stand by the copier and make sure that I'm as satisfied with the color reproduction as possible, and I have them made in standard sizes so my clients can frame them using readymade mats and frames.

Agreement:
Upon receipt of the portrait, “On the Riverbank: Madame and Master X” © 1997, commissioned by us for the agreed-upon sum, I, Madame X, acknowledge that while we have physical possession and ownership of the Work so commissioned, which depicts my son, Master X, and me, all rights of reproduction in any form, photographic or otherwise, belong to the Artist, nor can the original work be altered in any way. Furthermore I grant permission for the Artist to use a copy of the Work in promotional material or brochures, or for entrance in competitions, without violation of our rights of privacy or any other personal or proprietary rights we may possess in connection with reproduction or sale of the Work, the preliminary design, or any incidental works arising from the creation of the Work. I have read this release and am fully familiar with its contents. I am of full age, and am also the parent of the minor named above, and have the legal authority to execute the above release.

Hope this helps!

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Leslie M. Ficcaglia
Minnamuska Creek Studio
Portrait Gallery at http://www.igc.org/mauriceriver/riverpeople.html

[sandge]

Ilene, this is a great question. Kemshmi is right, tho' - it does belong in Art business. I'm going to move it there so that we can all benefit from the wider expertise of folks in that forum.

sandra

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http://www.fletcherfineart.com