Art Commission Contract Template (US)
Updated on August 8, 2026
An art commission contract records what an artist will create for a client, when, for how much — and, above all, what the client is then allowed to do with it. Almost every serious commission dispute comes down to one of three things: the client wanted changes the artist never agreed to, the client used the artwork somewhere the artist never licensed, or the client cancelled halfway through and both sides had different ideas about what was owed.
This template answers all three. It is built for illustrators, painters, sculptors, digital artists, designers and the studios and clients who commission them, and it fixes the specific gaps in the free template it replaces: a licence marked exclusive with the permitted uses left as an empty box, no treatment of the artist's moral rights, no cancellation route other than breach, no licence for the reference material the client supplies, and — in 2026, conspicuously — nothing at all about whether the client may feed the artwork to an AI model.
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Art Commission Agreement
This Art Commission Agreement is made on between of (the Artist) and of (the 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. A change to the specification takes effect only if both Parties agree it in writing, and may change the fee and the delivery date.
2. Schedule, Drafts and Approval
Work begins on and the Artist will use reasonable efforts to deliver by . Drafts and milestones agreed between the Parties are: .
The Client will review each draft and give consolidated written feedback within days of receiving it. A draft not responded to within that period is treated as approved. Where the Client's feedback 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 separately before the Artist carries it out.
4. Fee and Payment
The total fee is . A deposit of is payable on signing and is non-refundable once the Artist has started work. The balance is payable . Invoices are payable within days, and amounts outstanding after that may bear interest at , subject to any maximum permitted by applicable law. The Artist may pause work while an invoice is overdue, and the delivery date moves accordingly.
5. Delivery
The artwork will be delivered by . Packing, shipping and insurance are arranged as follows: . Risk of loss or damage passes to the Client on delivery to the Client or to a carrier the Client has nominated. Where the Artist arranges carriage, the Client pays the cost of packing, carriage and insurance at the declared value of the artwork.
6. Copyright and Rights Granted
The Artist retains 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.
Until payment in full is received, no licence or assignment takes effect and 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 licence or assignment of copyright does not transfer the physical work.
7. Attribution and Alteration
The Client will credit the Artist as in connection with any public use, publication or display of the artwork, in a manner and prominence reasonable for the medium.
8. Originality and Reference Material
The Artist warrants that the artwork is their own original work and that, to the best of their knowledge, it does not infringe the rights of any third party. That warranty does not extend to material the Client supplies. 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 it will indemnify the Artist against claims arising from that material.
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 tell the Client promptly, refund any part of the fee not yet earned, and return the Client's reference material. Neither Party is liable to the other for delay caused by events outside their reasonable control, provided they give prompt notice.
10. Portfolio and Confidentiality
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.
11. Liability and General
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 under this Agreement is limited to the total fee, except where liability cannot be limited by law. This Agreement is governed by the laws of , may be signed in counterparts and by electronic signature where permitted, and may be changed only in writing signed by both Parties. If any provision is unenforceable, the rest continues in effect. Notices are given in writing to the addresses above. The Artist provides the artwork as an independent contractor and this Agreement creates no employment, partnership or agency relationship.
Artist
Date:
Client
Date:
Copyright stays with the artist unless the contract moves it
In the United States the person who creates a work owns the copyright in it from the moment it is fixed. A commission does not change that by itself. There is a narrow exception — work made for hire — but it only applies to works created by an employee within the scope of employment, or to a specially ordered work that falls within one of nine listed categories and is covered by a signed written agreement saying it is a work made for hire. A standalone painting or illustration is not in those nine categories, so calling a commissioned illustration a work for hire generally does not make it one.
That means the practical instrument is a licence or an assignment, not a label. A transfer of copyright ownership, including an exclusive licence, has to be in writing and signed by the person giving it up. This template offers three options and drafts each properly: a non-exclusive licence for stated uses, an exclusive licence for stated uses, or an outright assignment of copyright — each taking effect on payment in full.
The empty-box problem in the source template is worth naming. It grants the client an exclusive licence "solely for the following purposes" and then leaves the purposes blank. An exclusive licence with undefined scope is worse for both sides than a well-drafted non-exclusive one: the artist is locked out of uses nobody identified, and the client still cannot tell whether the use it has in mind is covered. This template requires the uses, the media, the territory and the term.
Moral rights, attribution and alteration
Attribution and integrity are separate from copyright. Under the federal Visual Artists Rights Act, the author of a work of visual art — a painting, drawing, print, sculpture or exhibition photograph existing in a single copy or a signed, numbered edition of 200 or fewer — has rights to be credited as the author and to prevent intentional distortion, mutilation or modification that would harm their honour or reputation.
Two features of those rights shape this contract. They cannot be transferred, so no assignment clause moves them; and they can only be waived by the author in a written instrument they sign, specifically identifying the work and the uses to which the waiver applies. A vague sentence saying the client may modify the artwork does not achieve a waiver, and a sentence saying the client will credit the artist "where reasonable and customary" is not an attribution right.
The template therefore states the credit line the client will use as a term of the contract, sets out expressly whether the client may alter, crop or recolour the work, and — where the parties do want alteration rights over a work of visual art — provides for a specific written waiver identifying the work and the uses rather than pretending a general clause will do. Where the commission is a digital illustration or design rather than a work of visual art in that narrow sense, the federal moral-rights statute usually does not apply at all, and the credit and alteration terms in the contract are what govern.
Cancellation, approvals and the deposit
The most common real-world ending for a commission is not breach. It is a client who changes their mind. The source template has no route for that: its only termination trigger is uncured material breach, which leaves an artist who is three-quarters finished with an argument rather than a remedy.
This template gives the client an express right to cancel, and prices it: the deposit is non-refundable once work has started, the artist is paid for work completed to the cancellation date, and a stated cancellation fee can be added on top. It also handles the mirror case — an artist who cannot continue — with a refund of the unearned portion and a hand-back of the client's materials.
Approvals get the same treatment. "Review drafts within a reasonable time" is how a commission stalls for four months. The template sets an approval window in days, states that an unanswered draft is deemed approved after it, and makes the revision allowance a number rather than an adjective. Delay caused by the client shifts the delivery date rather than putting the artist in breach.
References, AI training and the physical object
A commission usually starts with the client sending references. The artist then warrants that the artwork is original — but nobody warrants that the references were. This template closes that gap: the client confirms it has the right to supply the reference material and to have it used for the commission, and indemnifies the artist for claims arising from the references themselves. That is where infringement risk actually enters a commission.
The template also lets the artist restrict use of the artwork, and of any process files or working material, to train, fine-tune or develop machine-learning or generative AI systems. It is off by default because it is a real negotiating point, not a default assumption — but leaving it unaddressed in 2026 is a choice too, and most artists would not make it knowingly.
Finally, physical and digital works need different plumbing. For physical artwork the template covers packing, shipping, insurance and when risk of loss passes, and it separates ownership of the physical object from ownership of copyright — buying the canvas does not buy the right to reproduce it. For digital work it covers file formats, resolution and whether layered or source files are delivered at all, which is a licensing question dressed up as a technical one.
Clause-by-clause guide
- Specification of the artwork
- Type, subject, style and references, medium, dimensions or format, and intended use. The intended use drives the licence, so it is a contract 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 deemed approved.
- Revisions
- A number of included 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, non-refundable deposit, when the balance falls due, payment days and a stated late-payment rate rather than a vague warning about delayed delivery.
- Delivery, shipping and risk of loss
- For physical work, who packs, who ships, who insures and when risk passes. For digital work, the file formats, resolution and whether source files are included.
- Copyright and licence
- Non-exclusive licence, exclusive licence or assignment — each with the uses, media, territory and term stated, and each taking effect on payment in full.
- Ownership of the physical work
- Separates the object from the copyright, so a buyer of the painting does not acquire reproduction rights unless the licence says so.
- Attribution and alteration
- The credit line the client will use, whether the client may alter the work, and how a moral-rights waiver has to be done if the parties want one.
- Client references and indemnity
- The client confirms 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 restriction
- Optional restriction on using the artwork or process files to train, fine-tune or develop AI systems, or to allow others to do so.
- Cancellation and kill fee
- An express client cancellation right with payment for work done, the deposit retained and an optional cancellation fee — and the mirror position if the artist cannot continue.
- Portfolio rights and confidentiality
- The artist's right to show the work in a portfolio, and an optional embargo where the client needs the commission kept quiet until launch.
US legal checklist
Copyright and moral-rights basics that shape every US commission.
Do not assume a commission is work made for hire
Work made for hire covers work by an employee within the scope of employment, or a specially ordered work in one of nine listed categories with a signed written agreement. A standalone painting or illustration is not in those categories, so a work-for-hire label on it generally does not transfer authorship.
US Copyright Office Circular 30 - works made for hirePut any transfer or exclusive licence in signed writing
A transfer of copyright ownership, which includes an exclusive licence, is not valid unless it is in writing and signed by the owner of the rights conveyed.
17 U.S.C. 204 - execution of transfers of copyright ownershipDefine the licence rather than labelling it
State the permitted uses, the media, the territory, the term, whether the client may sublicense or assign, and whether the artist retains any use. An exclusive licence with a blank scope is the defect in most free commission templates.
Respect moral rights in works of visual art
Attribution and integrity rights in a work of visual art cannot be transferred and can be waived only in a written instrument signed by the author that specifically identifies the work and the uses to which the waiver applies.
17 U.S.C. 106A - rights of attribution and integritySeparate the object from the copyright
Transferring ownership of a physical artwork does not transfer copyright, and transferring copyright does not transfer the object. Say which one is moving, and when.
Deal with the client's reference material
Get the client to confirm it may supply the references and to cover claims arising from them. An originality warranty from the artist does not protect anyone if the brief itself was infringing.
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 the question to be argued later.
How to complete this art commission contract
- 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 included revisions and the number of days the client has to approve a draft.
- Set the fee and deposit. Enter the total fee, the deposit, when the balance is due, the payment days and the late-payment rate.
- Choose the licence. Pick a non-exclusive licence, an exclusive licence or an assignment, then state the permitted uses, media, territory and term.
- Set credit, cancellation and extras. Enter the credit line and cancellation fee, switch the AI restriction and portfolio right on or off, then download the DOCX or PDF and sign.
Frequently asked questions
Who owns the copyright in a commissioned artwork?
The artist, unless the contract transfers it in signed writing. Paying for a commission buys what the licence in the contract says it buys. This template makes you choose between a non-exclusive licence, an exclusive licence and a full assignment, and requires the permitted uses to be spelled out either way.
Isn't a commissioned illustration a work made for hire?
Generally no. Work made for hire applies to employees acting within their employment, or to specially ordered works in one of nine listed categories under a signed agreement — and a standalone painting or illustration is not one of those categories. Writing work for hire on the contract does not create it.
Can the client change or crop the finished artwork?
Only if the contract says so, and for a work of visual art the artist's integrity right adds a second layer that a general clause does not remove. If alteration rights are needed, the template provides for a specific written waiver identifying the work and the uses, which is what the federal statute requires.
What is a kill fee, and should I have one?
It is a fee payable when a client cancels a commission that is under way but not finished. It compensates the artist for the booked time and the work they turned away. The template pairs it with payment for work actually completed and a non-refundable deposit, so a cancellation has a known price instead of a negotiation.
How many revisions should be included?
Whatever you agree — but make it a number, not the word reasonable. The template ties included revisions to the agreed specification, and treats anything that changes the scope, style, subject or intended use as a new request with its own fee and timeline.
Can I stop the client using my artwork to train an AI model?
You can address it in the contract, and this template has an optional clause that restricts using the artwork or the process files to train, fine-tune or develop machine-learning systems, or letting third parties do so. It is off by default because it is a term to negotiate, not one to slip in.
Who is responsible if the artwork is damaged in shipping?
Whoever the contract says. The template asks who packs, who ships, who insures and at what point risk of loss passes to the client, which for physical work is the single most useful thing the source template leaves as an empty box.
Does buying the painting mean the buyer can print it on merchandise?
No. Owning the physical object and owning the copyright are different things, and the template says so expressly. Reproduction on prints, merchandise, packaging or advertising needs a licence covering those uses, whoever holds the canvas.
Related templates
Disclaimer
This template and guide are for general information only and are not legal, tax or copyright advice, and no attorney has reviewed them for your commission. Copyright, moral-rights and consumer rules differ outside the United States and by state — check them before you sign.
