Art Commission Agreement Template (Malta)
Updated on 12 August 2026
Malta's Copyright Act, Chapter 415 of the Laws of Malta, treats moral rights as fully transmissible property on death — a distinctly property-like model compared with the guardianship-only and itemised-survivorship approaches found elsewhere. During the author's lifetime, the Act is clear that it is not lawful to transmit any moral right to another person; the author can license the economic right but keeps the moral right personally.
After death, the model changes completely. The right passes to whoever the author specifically directs by testamentary disposition — and if that person later dies, it passes again to THAT person's own successor, continuing the chain. If the author leaves no such direction but the copyright in the work forms part of the estate, the moral right instead follows the economic copyright to whoever inherits that. This template treats the post-death chain as a real drafting question, not an afterthought, because a commission agreement is often the first and only place an artist records a preference before death makes the default rule the only one that applies.
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Art Commission Agreement
- Artist:
- Commissioning party:
- Date:
1. The Work
2. Rights Granted
The Artist grants the Commissioning Party a non-exclusive right to use the Work. The Artist retains the right to grant similar rights to third parties. The moral right cannot be transmitted during the Artist's lifetime and remains with the Artist.
The Commissioning Party shall credit the Artist by name whenever the Work is used publicly.
The Work shall not be altered in a way prejudicial to the Artist without the Artist's prior consent.
3. Succession of the Moral Right
On the Artist's death, the moral right in the Work passes as the Artist may direct by testamentary disposition, or, absent such direction, follows the economic copyright to the Artist's successor in accordance with the Copyright Act.
4. Delivery and Payment
- Fee:
- Delivery date:
Artist
Date:
Commissioning party
Date:
No transmission during life, full transmission at death
During the lifetime of the author of a work, it shall not be lawful to transmit any of the moral rights conferred by the Act. This is an absolute rule while the author is alive: the moral right to claim authorship, and the other moral rights the Act confers, stay with the author personally regardless of what the commission agreement tries to assign.
Copyright and neighbouring rights generally are transmissible by assignment, by operation of law, or by testamentary disposition, as movable property — the economic right behaves like ordinary property from the outset. The moral right does not follow that pattern until death, at which point the Act switches it onto a transmission mechanism of its own.
A testamentary chain, with an estate-devolution fallback
On the author's death, the moral right passes to the person the author specifically directs by testamentary disposition. If that designated person later dies, the right does not simply lapse or revert — it passes again, to that person's own successor, so the chain can continue for more than one generation from a single testamentary direction.
Where the author leaves no such direction, but the copyright in the work forms part of the author's estate, the moral right instead passes to whoever inherits that copyright under the general rules of succession. This gives every commissioned work a clear post-death destination for the moral right either way: a named direction that creates its own ongoing chain, or a fallback that ties the moral right to wherever the economic copyright itself ends up.
In addition, the author enjoys the moral right to claim authorship until the expiry of copyright itself — including in cases where the copyright has already been transmitted by assignment or by testamentary disposition, which is why the commission agreement should keep the attribution right separate from whatever happens to the economic right.
Clause-by-clause guide
- Artist and commissioning party
- Names the artist and the party commissioning the work.
- Description of the work
- Dimensions, medium, technique and subject matter, so the commissioned work is not itself in dispute.
- Assignment of economic rights
- The exclusive or non-exclusive economic right transferred to the commissioning party — never the moral right itself, which cannot be transmitted during the artist's lifetime.
- Attribution
- How and where the artist's name is credited whenever the work is used publicly, a right that survives until copyright itself expires.
- Integrity of the work
- A restriction on altering the work in a way that would be prejudicial to the artist, without prior consent.
- Post-death direction for the moral right
- An optional clause recording the artist's testamentary preference for who the moral right passes to on death, and to their successor after that.
- Delivery and payment
- The delivery schedule, payment method and consequences of late delivery or rejection.
Malta compliance checklist
The moral right cannot move during the artist's lifetime; plan for what happens to it after death separately from the economic right.
Do not attempt to assign the moral right during the artist's lifetime
During the lifetime of the author it shall not be lawful to transmit any moral right; only the economic right can be assigned or licensed.
WIPO Lex - Malta Copyright Act, Chapter 415Record a testamentary direction if the artist wants one
On death, the moral right passes to whoever the author specifically directs by testamentary disposition, and continues to that person's own successor if they later die.
Understand the estate-devolution fallback
Without a testamentary direction, the moral right passes to whoever inherits the copyright itself where that copyright forms part of the author's estate.
Keep attribution separate from the economic right
The right to claim authorship continues until copyright expires, including after the copyright has been assigned or passed by testamentary disposition — it is not automatically extinguished by an economic-rights transfer.
Do not assume a general right to alter the work
Changing the work remains the artist's right during their lifetime and does not pass automatically with the sale of a physical copy.
How to complete this art commission agreement
- Describe the work. Specify dimensions, medium, technique and subject matter precisely.
- Set the economic right transferred. Decide whether the right of use is exclusive or non-exclusive.
- Agree attribution and integrity terms. Set how the name is credited and confirm the work will not be altered in a way prejudicial to the artist without consent.
- Record a testamentary preference if wanted. If the artist wants to direct who the moral right passes to on death, record that preference in the agreement or refer to the artist's will.
- Agree delivery and payment. Set the delivery schedule, payment method and consequences of delay or rejection.
Frequently asked questions
Can an artist assign their moral rights to me during their lifetime?
No. During the lifetime of the author it is not lawful to transmit any moral right under the Copyright Act. Only the economic right can be assigned.
What happens to the moral right when the artist dies?
It passes to whoever the artist specifically directs by testamentary disposition, and continues to that person's own successor if they later die. Without such a direction, it follows the economic copyright to whoever inherits that.
Can I alter a commissioned work after buying it?
Not without consent while the artist is alive. Altering the work in a way prejudicial to the artist remains the artist's right to object to, and does not pass automatically with a physical copy.
Does the right to be credited as author ever expire?
It continues until the expiry of copyright itself, including in cases where the copyright has already been assigned or passed by testamentary disposition.
Is Malta's model the same as markets where heirs only protect the right rather than own it?
No. Malta treats the moral right as fully transmissible at death, following a testamentary direction and its own successor chain, or the general estate-devolution rule — a property-like model rather than a guardianship-only one.
Related templates
Disclaimer
This template and guide are for general information only and are not legal advice, and no Maltese lawyer has reviewed them for your matter. Copyright succession has significant consequences and should be assessed by a specialist before signing.
