This checklist is designed to help you, the maker, have better and more complete contracts with the people or businesses who commission you, and is a starting point for dealing with some of the key issues to be aware of when being commissioned to make pieces/works/designs for a client or customer.
In this information sheet:
This checklist is designed to help you, the maker, have better and more complete contracts with the people or businesses who commission you, and is a starting point for dealing with some of the key issues to be aware of when being commissioned to make pieces/works/designs for a client or customer. It’s important to put your commission arrangements into writing so that you and the commissioner are clear about the costs and process of the commission, and so that if things go wrong, you have evidence of the understanding between you. Having a written contract is, if you will, a way of having a conversation with your customer or commissioner that you can both rely on.
Arts Law has a template commissioning agreement which could assist you in setting out the terms of your agreements with clients. It is called the Commissioning Agreement: Private or Commercial Visual Artwork and can be purchased and amended to suit your needs. It is a template (originally designed in respect of artworks and not furniture, but many of the core aspects of a commission arrangement will apply). Once you have had a go at using the template, Arts Law can review it through our DRS service, which is also accessible if you draft your own agreement and then subscribe to our services to have it reviewed by Arts Law. This helps to make sure it covers the necessary aspects of your arrangement with your clients. To find out more about our templates and our advice service, go here. Arts Law can also arrange a private referral to a lawyer who can draft or negotiate your contracts.
Each of the headings below refers to a suggested part of the agreement between you and your commissioner/customer/client.
For the full document download as a .pdf.
Need more help?
If you have questions about any of the topics discussed above please contact Arts Law.
The information in this information sheet is general. It does not constitute, and should be not relied on as, legal advice. The Arts Law Centre of Australia (Arts Law) recommends seeking advice from a qualified lawyer on the legal issues affecting you before acting on any legal matter.
While Arts Law tries to ensure that the content of this information sheet is accurate, adequate or complete, it does not represent or warrant its accuracy, adequacy or completeness. Arts Law is not responsible for any loss suffered as a result of or in relation to the use of this information sheet. To the extent permitted by law, Arts Law excludes any liability, including any liability for negligence, for any loss, including indirect or consequential damages arising from or in relation to the use of this information sheet.
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The Arts Law Centre of Australia has been assisted by the Commonwealth Government through the Australia Council, its arts funding and advisory body.