Art Commission Agreement Template (UK)

Updated on 8 August 2026

A commission contract answers three questions that otherwise turn into arguments: what exactly is being made, what the client may then do with it, and what happens if somebody changes their mind halfway through. UK law shapes all three differently from the American templates that dominate search results, and the differences are not cosmetic.

The starting point is ownership. Under the Copyright, Designs and Patents Act 1988 the author of a work is the first owner of copyright in it, with an exception only for works made by employees in the course of employment. Commissioning a work does not transfer copyright — a rule that has applied since the 1988 Act — so a UK client who pays for a painting or an illustration acquires exactly the rights the contract gives them and nothing more. This template makes that explicit and then does the work the source template leaves undone: its licence is marked exclusive with the permitted purposes left as an empty box.

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Physical or digital artworkRights granted to the client

Art Commission Agreement

This Agreement is made on between of (the Artist) and of (the Client), who contracts as a client.

1. The Artwork

Type of artwork:
Subject matter:
Style and references:
Medium:
Dimensions or format:
Client's intended use:

The Artist will create the artwork personally to the specification above, exercising their own creative judgement within it. The artwork is made to the Client's specification and is commissioned for the intended use stated. Any change to the specification takes effect only if both Parties agree it in writing, and may affect the fee and the delivery date.

2. Schedule, Drafts and Approval

Work begins on and the Artist will use reasonable endeavours to deliver by . Agreed drafts and milestones are: . The Client will give consolidated written feedback on each draft within days of receiving it, and a draft not responded to within that period is treated as approved. Where the Client's response or approval is late, the delivery date moves by at least the period of delay and the Artist is not in breach for that delay.

3. Revisions

The fee includes of revision consistent with the agreed specification. A request that materially changes the scope, style, subject matter, medium, format or intended use is a new request, priced and scheduled before the Artist carries it out.

4. Fee and Payment

The total fee is . . A deposit of is payable on signing and is retained once the Artist has begun work. The balance is payable . Invoices are payable within days, and interest on late payment is charged at , without prejudice to any statutory entitlement to interest on late commercial payments. The Artist may pause work while an invoice is overdue and the delivery date moves accordingly.

5. Delivery

The artwork is delivered by . Packing, carriage and insurance are arranged as follows: . Risk of loss or damage passes to the Client on delivery to the Client or to a carrier nominated by the Client. Where the Artist arranges carriage, the Client pays the cost of packing, carriage and insurance at the declared value.

6. Copyright and Rights Granted

The Artist is the first owner of and retains the copyright in the artwork and in all preparatory material. On payment of all sums due, the Artist grants the Client a non-exclusive licence to use the artwork for the following uses and media: , in , for . The Client may not sublicense, assign or transfer the licence without the Artist's written consent, and the Artist remains free to license the artwork to others.

No licence or assignment takes effect until payment has been received in full, and until then the Client may not use, reproduce, publish or distribute the artwork. Ownership of any physical artwork is separate from copyright: transferring the physical work does not transfer copyright, and a grant of copyright does not transfer the physical work.

7. Moral Rights, Credit and Alteration

The Artist asserts their right to be identified as the author of the artwork. The Client will credit the Artist as in connection with any public use, publication, exhibition or display of the artwork, in a manner and prominence reasonable for the medium.

OptionalInclude a limited waiver of moral rights

OptionalInclude the artist's resale right note

The Parties note that a qualifying resale of an original work of art after the first transfer of ownership by the Artist may give rise to the artist's resale right, which lasts as long as copyright subsists in the work and produces a royalty calculated under the Artist's Resale Right Regulations 2006. That right is administered through collecting societies. Nothing in this Agreement assigns, waives or otherwise deals with it, and the Client will pass the Artist's contact details to any auction house or dealer handling a resale.

8. Originality and the Client's Reference Material

The Artist warrants that the artwork is their own original work and that, so far as they are aware, it does not infringe the rights of any third party. That warranty does not extend to material supplied by the Client. The Client warrants that it owns or is licensed to use the reference material, briefs, photographs, logos, trade marks, names and likenesses it provides, that it may allow the Artist to use them for this commission, and will indemnify the Artist against claims arising from that material.

OptionalRestrict use of the artwork for AI training

9. Cancellation

The Client may cancel this commission at any time by written notice. On cancellation the deposit is retained, the Artist is paid for the work properly completed to the date of the notice, and a cancellation fee of is payable. No licence or assignment arises in respect of unfinished work unless the Parties agree one in writing and it is paid for.

If the Artist becomes unable to complete the commission through illness, incapacity or other circumstances outside their reasonable control, they will notify the Client promptly, refund any part of the fee not yet earned and return the Client's reference material. Neither Party is liable for delay caused by events outside their reasonable control, provided prompt notice is given.

The Client commissions the artwork in the course of its business and not as a consumer, so the statutory cancellation rights that apply to consumer contracts concluded off-premises or at a distance do not arise. The cancellation terms above apply instead.

10. Portfolio, Liability and General

OptionalArtist may show the work in their portfolio

The Artist may reproduce and display the artwork, and images of its making, in their portfolio, website, social media, exhibitions and award entries, and may state that the Client commissioned it.

Neither Party is liable to the other for loss of profit, loss of revenue or other indirect or consequential loss, and the Artist's total liability is limited to the total fee, except where liability cannot be limited by law. This Agreement is governed by the law of England and Wales and the courts of England and Wales have jurisdiction. It may be signed in counterparts and by electronic signature, may be varied only in writing signed by both Parties, and if any provision is unenforceable the remainder continues in effect. The Artist provides the artwork as an independent contractor and this Agreement creates no employment, partnership or agency relationship.

Artist

Date:

Client

Date:

Licence or assignment, and why the scope has to be written out

Because copyright stays with the artist by default, the operative clause is a grant. This template offers three: a non-exclusive licence for stated uses, an exclusive licence for stated uses, or an assignment of the copyright itself. Each takes effect on payment in full, which is the artist's main commercial protection and something the source template does not provide.

The scope has to be spelled out — the uses, the media, the territory, the duration, whether the client may sublicense or assign, and whether the artist keeps anything. An exclusive licence with the purposes left blank, as in the template this replaces, is worse for both sides than a carefully drafted non-exclusive one: the artist is shut out of uses nobody ever identified, and the client still cannot tell whether the use it has in mind is permitted.

Assignments and exclusive licences should be recorded in signed writing. That is why this document exists in DOCX and PDF rather than as a chain of messages agreeing to "full rights".

Moral rights: the assertion clause UK templates forget

UK moral rights work differently from their American equivalent in two ways that both belong in the contract. First, the right to be identified as the author — the paternity right — is not automatic in practice: it has to be asserted, usually by the artist signing the work or by an express assertion in a document such as this one. An artist who never asserts the right cannot complain about not being credited.

Second, moral rights can be waived, but only in writing. A waiver may relate to a specific work, to works of a particular description or to works generally, may cover existing or future work, may be conditional or unconditional, and may be expressed as revocable. That flexibility is why UK moral-rights clauses are worth negotiating rather than copying: a client asking for a blanket, irrevocable waiver of all moral rights in all future work is asking for far more than a project needs.

This template therefore includes an express assertion of the paternity right as standard, states the credit line as a contract term in its own right, and treats any waiver as a deliberate, separately switched-on choice with its scope written out — rather than burying one in a general clause.

The resale right, and what the contract should not try to do with it

Original works of art sold on in the secondary market can attract the artist's resale right, introduced in the UK by the Artist's Resale Right Regulations 2006. The right arises on a resale following the first transfer of ownership by the author, lasts as long as copyright subsists in the work, and produces a royalty calculated under the Regulations, with the sale price converted to euros for that calculation.

For a commission contract the practical point is a negative one. The resale right is a statutory entitlement administered through collecting societies, and a commission agreement is not the place to trade it away or to promise a client that resales will be royalty-free. This template mentions it so both sides know it exists, records the artist's contact details for royalty administration, and otherwise leaves it alone.

That is a genuine UK–US difference: a translated American commission contract will say nothing about resale rights, because the United States has no comparable federal scheme.

Cancellation, approvals, references and AI

Most commissions that end badly do not end in breach. They end with a client changing their mind. This template gives the client an express right to cancel and prices it: the deposit is retained once work has begun, the artist is paid for work completed to the date of cancellation, and a stated cancellation fee can be added. The mirror case — an artist who cannot continue — is handled with a refund of the unearned fee and the return of the client's materials.

Approvals are given a deadline rather than a mood. The client has a stated number of days to respond to a draft, an unanswered draft is treated as approved, and the number of included revisions is a number rather than the word reasonable. Delay by the client moves the delivery date instead of putting the artist in breach.

Two further clauses reflect how commissions actually go wrong now. The client warrants that it may supply its reference material and indemnifies the artist for claims arising from it — the artist's originality warranty is worthless if the brief itself was infringing. And an optional clause restricts using the artwork or the process files to train or fine-tune machine-learning systems, or letting a third party do so. It is off by default because it is a term to negotiate, not one to slip past a client.

Where the client is a consumer buying at a distance or away from business premises, note that the 14-day cancellation right in the Consumer Contracts Regulations 2013 does not apply to goods made to the consumer's specification or clearly personalised — which is what a commission usually is. That exemption is read narrowly, so it is worth being explicit about what is being made to order.

Clause-by-clause guide

Specification of the artwork: Type, subject, style and references, medium, dimensions or format, and the client's intended use — which drives the licence, so it is a term rather than a note.
Timeline, drafts and approval window: Start and delivery dates, agreed milestones, and a stated number of days for the client to approve a draft, after which it is treated as approved.
Revisions: A stated number of revisions consistent with the agreed specification, with anything that changes scope, style, subject or intended use treated as a new request.
Fee, deposit and late payment: Total fee, deposit retained once work begins, when the balance falls due, payment days and an interest rate — plus VAT treatment where the artist is registered.
Delivery, carriage and risk: For physical work, who packs, who ships, who insures and when risk passes. For digital work, formats, resolution and whether layered files are included.
Copyright and grant of rights: Non-exclusive licence, exclusive licence or assignment, each with uses, media, territory and term stated, and each taking effect on payment in full.
Assertion of the paternity right: An express assertion of the artist's right to be identified as author, which UK law requires to be asserted rather than treating it as automatic.
Credit and alteration: The credit line as a contract term, whether the client may adapt the work, and any moral-rights waiver written out in scope rather than assumed.
Resale right: Notes that a qualifying resale of an original work may attract the artist's resale right and records the artist's details for royalty administration.
Reference material and indemnity: The client warrants it may supply the references and covers claims arising from them, which is where third-party rights usually enter a commission.
AI and machine learning: Optional restriction on using the artwork or process files to train, fine-tune or develop AI systems, or permitting others to.
Cancellation and kill fee: An express client cancellation right with payment for work done, the deposit retained and an optional fee, plus the position if the artist cannot continue.

UK legal checklist

Remember that commissioning does not transfer copyright
Under the Copyright, Designs and Patents Act 1988 the author of a work is the first owner of copyright in it, subject only to the exception for works made by an employee in the course of employment. A commissioner acquires only the rights the contract grants.
CDPA 1988 - first ownership of copyright
Put any assignment or exclusive licence in signed writing
Deal with the grant in the contract itself rather than in correspondence, and state the uses, media, territory, term and whether the client may sublicense or assign.
Copyright, Designs and Patents Act 1988
Assert the right to be identified as author
The paternity right has to be asserted — commonly by signing the work or by an express assertion in a document like this agreement. Without an assertion the artist cannot complain about not being credited.
CDPA 1988 Chapter IV - moral rights
Treat any moral-rights waiver as a negotiated term
A waiver must be in writing. It may relate to a specific work, to works of a description or to works generally, may cover existing or future works, and may be conditional and expressed to be revocable. Do not accept a blanket irrevocable waiver of all future work as a default.
Leave the artist's resale right alone
The resale right arises on a resale following the first transfer of ownership by the author and lasts as long as copyright subsists, with the royalty calculated under the Regulations and the price converted to euros. It is administered through collecting societies and is not something a commission contract should trade away.
Artist's Resale Right Regulations 2006
Get the consumer cancellation position right
For a consumer contract made at a distance or off-premises the usual 14-day cancellation right does not apply to the supply of goods made to the consumer's specification or clearly personalised. The exemption is read narrowly, so describe what is being made to order.
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
Cover the client's reference material
An originality warranty from the artist protects nobody if the brief was infringing. Have the client confirm it may supply the references and indemnify the artist for claims arising from them.
Address AI training expressly
Decide in the contract whether the client may use the artwork or process files to train or fine-tune machine-learning systems, or permit others to. Silence leaves it to be argued later.

How to complete this commission agreement

Specify the artwork. Enter the type, subject, style and references, medium, dimensions or format, and the client's intended use.
Set the schedule and approvals. Give the start and delivery dates, the number of revisions included and the days the client has to respond to a draft.
Set the fee, deposit and VAT. Enter the total fee, the deposit, when the balance is due, payment days, the interest rate and the VAT position.
Choose the grant of rights. Pick a non-exclusive licence, an exclusive licence or an assignment, then write out the uses, media, territory and term.
Set credit, cancellation and extras, then sign. Enter the credit line and cancellation fee, decide on the AI restriction and any moral-rights waiver, then download the DOCX or PDF and sign.

Frequently asked questions

If I pay for a commission, do I own the copyright?

Not automatically. Under the Copyright, Designs and Patents Act 1988 the author is the first owner of copyright, and commissioning a work does not transfer it. You own whatever the contract grants — which is why the licence or assignment clause is the most important part of the document.

What is the difference between a licence and an assignment?

A licence is permission to use the work for stated purposes while the artist keeps the copyright. An assignment transfers the copyright itself. This template offers both, plus an exclusive licence in between, and makes each take effect on payment in full.

Why does the artist have to assert the right to be identified?

Because UK law makes the paternity right one that has to be asserted rather than one that applies automatically — commonly by the artist signing the work or by an express assertion in a document like this agreement. Without an assertion the artist has no complaint about missing credit.

Can moral rights be waived in the UK?

Yes, but only in writing, and the waiver can be narrow or broad, conditional, and expressed to be revocable. That is different from a blanket clause. Treat any waiver as a negotiated term with a written scope, not as standard wording to accept without thought.

What is the artist's resale right?

A right for the artist to receive a royalty on qualifying resales of an original work after the first transfer of ownership, lasting as long as copyright subsists, with the royalty calculated under the Artist's Resale Right Regulations 2006 and administered through collecting societies. A commission contract should note it rather than try to deal with it.

Can a consumer client cancel a commission within 14 days?

Usually not, because the cancellation right for distance and off-premises consumer contracts does not apply to goods made to the consumer's specification or clearly personalised — which is what most commissions are. The exemption is read narrowly, so make clear in the contract what is being made to order.

What happens if the client cancels halfway through?

The template treats that as a normal event rather than a breach: the deposit is retained once work has begun, the artist is paid for work properly completed to the date of cancellation, and a stated cancellation fee can be added. No rights in the unfinished work pass unless the parties agree that separately.

Can I stop the client feeding my work to an AI model?

You can address it in the contract, and this template has an optional clause restricting use of the artwork and any process files to train, fine-tune or develop machine-learning systems, or letting a third party do so. It is off by default because it is a term to negotiate.

Related templates

Disclaimer

This template and guide are for general information only and are not legal, tax or copyright advice, and no solicitor has reviewed them for your commission. They describe the position in the United Kingdom; copyright, moral rights and resale rights differ elsewhere.