Commissioning Agreement

Commissioning Agreement: Set Clear Terms for Commissioned Work

A commissioning agreement is a contract between a client and an artist, designer, photographer or other creator who is producing a new piece of work to order. It records what is being made, the fee and when it is paid, the timetable, how the client approves the work and, most importantly, who owns the copyright when it is finished. Robot Lawyer drafts the agreement from your answers, under the law of the country or state you choose. On the Verified plan, a legal professional checks it before you sign.

CONTENTS

What Is a Commissioning Agreement?

When you commission someone to create something, you are paying for work that doesn't exist yet. Without a written agreement, both sides are left to rely on emails and assumptions about the brief, the price and what happens if the work runs late or isn't what the client expected.

Ownership is the point that catches most people out. In many countries, the creator owns the copyright in what they make unless it is transferred in writing, even when the client has paid for it. A commissioning agreement deals with this directly: the copyright can pass to the client, often once the fee is paid in full, or stay with the creator, with the client given a licence to use the work in the ways it needs.

When Do You Need One?

• Artwork and murals
  A business or individual commissions a painting, mural, sculpture or installation.
• Design work
  A logo, illustration, brand identity or packaging design made to a client's brief.
• Photography and video
  A shoot for a campaign, product range, event or publication.
• Writing and music
  A commissioned article, script, song or score.
• Public and corporate commissions
  Larger pieces for offices, venues or public spaces, often with staged payments and site access.

What's Included in Your Agreement?

• The parties and the work
  Who is commissioning, who is creating and a clear description of the work and its specification.
• Timetable
  Start date, delivery date and any stages such as sketches, drafts or installation.
• Fees and payment
  The fee, any deposit or staged payments, and who pays for materials and expenses.
• Approvals and changes
  How the client reviews and approves each stage, how many rounds of changes are included and how extra changes are charged.
• Ownership and use
  Whether the copyright passes to the client or the creator keeps it and grants a licence, plus the creator's right to show the work in a portfolio.
• Credit and moral rights
  How the creator is credited, and whether they keep or waive their moral rights, where the law allows.
• Delivery, risk and cancellation
  When the finished work passes to the client, what happens if it is damaged, and what is paid if the commission is cancelled.
• Disputes and governing law
  How disagreements are handled and which law applies.

Copyright: Assignment or Licence?

There are two common approaches, and the right one depends on how the work will be used.

• Assignment
  The client owns the copyright outright. This suits logos, brand assets and anything the client needs to control or register. Clients often agree that ownership passes only once the fee is paid in full, which protects the creator.
• Licence
  The creator keeps the copyright and the client gets permission to use the work, for example for display, marketing or reproduction. A licence can be exclusive or non-exclusive, worldwide or limited to particular uses. This suits fine art, where the artist wants to reproduce or exhibit the piece later.

Your agreement follows the option you choose and spells out what each side can and can't do with the work.

How It Works on Robot Lawyer

1. Answer the questions
   Tell us about the client, the creator, the work, the timetable, the fees and who will own the copyright.
2. Generate your agreement
   We draft a complete, numbered commissioning agreement under the law you choose.
3. Get it verified
   On the Verified plan, a qualified legal professional checks your agreement within 24 hours and makes amendments where needed. See how our documents are verified.
4. Sign it
   Both parties sign before the work begins, and each keeps a copy.

How It Works in Different Countries

• UK
  Under the Copyright, Designs and Patents Act 1988, the creator usually owns the copyright in a commissioned work, and an assignment must be in writing and signed. Moral rights can be waived but not assigned.
• United States
  Some commissioned works can be "works made for hire" if the parties agree in writing and the work falls into one of the categories the law allows. Otherwise, a written assignment is needed to transfer copyright.
• Ireland
  The creator is generally the first owner of copyright, and an assignment must be in writing. Moral rights can be waived in writing.
• Canada and Australia
  The creator is generally the first owner unless the agreement says otherwise, and moral rights can be waived or consented to in writing rather than assigned.

These notes are general and the rules change. Check how they apply to your commission before you sign.

Commissioning Agreement FAQs

Who owns the copyright in commissioned work?

In many countries, the creator does, unless the agreement transfers it to the client in writing. That's why the agreement should say clearly who owns the work and what the other party may do with it.

Should the client pay a deposit?

Often, yes. A deposit at the start, with further payments at agreed stages or on delivery, is common for larger commissions. Your agreement records whatever payment schedule you agree.

What happens if the client cancels the commission?

Your agreement sets out what is paid for work already done and whether any deposit is refundable, so neither side is left out of pocket.

Can the creator show the work in their portfolio?

Usually, yes, even where the copyright passes to the client. Your agreement can allow portfolio use, or restrict it where the work is confidential.

Can I use this agreement if the creator is in a different country?

Yes. Your agreement is drafted under the law of the country or state you choose. Our lawyers are qualified in England and Wales and check documents for good practice, clear formatting and the law of England and Wales. They are not qualified in other countries' law, so if your agreement is governed by another country's law, we recommend having a local lawyer check it too.

Create a Commissioning Agreement

Agree the brief, the fee and who owns the work before anything is created. You can start with a 7-day free trial. See our pricing for the plans. Related documents: Freelance Services Agreement, Copyright Assignment Agreement, Content Licensing Agreement and Non-Disclosure Agreement.