Commissioning an Artwork

 
Portrait by Lindsey Alfrey, courtesy of Walton House Gallery

Before you start

• Subject matter, or the topic of the picture or sculpture  
• Media; do you want an oil painting, a bronze sculpture etc
• Budget; you can spend £150 on a pencil sketch of the front of your house, or £20,000 on a painting in oils from a member of the Royal Academy. Work out how much you have to spend
• Timescale; some artists are booked for commissions for several years ahead. If you need your artwork in six months’ time, the first question you should ask is how long will this take, as this may disqualify some artists immediately

Finding the right artist

Art associations are an excellent place to start your search for a suitable artist. The Fine Art Trade Guild has professional artist members who work to a code of ethics. Guild artists specialise in a wide range of subject matter, and you can search our online Directory of members using Category to search by your chosen genre. Your local Fine Art Trade Guild gallery can help. They may have artists who produce work for them who can fulfil your requirement, or maybe they could recommend artists who come to them for framing. See the directory of Guild Member galleries on this site.

There are also exhibiting societies focussing on specific types of art, such as the Guild of Motoring Artists, The Royal Society of Portrait Painters and the Royal Society of British Sculptors.

Regional art societies can also help; the Royal Cambrian Academy and the Royal Birmingham Society of Artists are well-known examples, but may small towns have their own art groups too. More and more areas are holding artists’ open studio events and many now have websites where you can see upcoming events and information on the latest edition.

Meet the artist

Once you’ve found a possible artist, you must make your requirements absolutely clear. When commissions go wrong, it is normally due to a lack of communication. Don’t be too embarrassed to talk about money. If you are commissioning a portrait, for example, and the most important aspect of the subject for you is his sparkly blue eyes, then say so. Don’t expect the artist to automatically see the sitter in the same way as you.

Be sure to look at the artist’s portfolio and confirm to yourself that he or she can create artwork to your liking. Some artists, such as portrait painters, are used to working to a brief, while commissions may be new territory for other artists.

Some artists work through agents, so most of your communication would be through this agent, who is often also a gallery owner. Having an experienced professional handle your commission can ensure that everything runs smoothly.

Agreeing terms

The terms between the two parties should be in writing, though this need not be a complex legal document. Just a signed and dated letter outlining key points.

The artist may wish to take photographs. You should agree the number of sittings required, in the case of portraits, or access to your home or office if a picture is to be set in a specific setting.

You also need to set the date for completion, and times at which you can see sketches or works-in-progress.

The best way of ensuring that a commission runs smoothly, and you like the finished piece, is to ask to see as many sketches as possible as the work progresses.

An issue which is often forgotten, but which is important, is copyright. Copyright always rests initially with the artist, but can be sold or assigned to someone else, as an entirely separate commodity from the original artwork. All changes in ownership of copyright must be done in writing and signed by the artist, otherwise they are not legally binding.

Copyright remains with the artist so he or she can earn money in the future from sales of licenses in the image. If your commission is for a neutral subject, then this should not be a problem for you. However, in the case of portraits, most people would prefer for their image not to appear on merchandise. In this case, you need to arrange, at the outset, for copyright to be transferred to you. The artist is under no legal obligation to agree to this, but, so long as you discuss the matter before the artwork is created, you can always take your business elsewhere. And most artists should understand your concerns. It is quite common, particularly among famous people, for such a contract to be made.

Prior to August 1989, when portraits and photographs were commissioned, copyright rested with the person (or organisation) who commissioned the work. This is no longer the case. So, in theory, an artist or photographer can now sell your portrait or wedding photographs for any use they wish, unless you make a contract stating otherwise.

Cost and payment terms

The artist will give you a price, which you must be happy with. If the price seems high, ask for an explanation.

Prices for art hinge mainly on the artist’s reputation; unknown artists can ask much less than people who have won prestigious prizes, exhibited in high-end galleries, regularly paint celebrities etc.

Factors such as the size of the work, the level of detail required and the number of people in it also affect price. The cost of materials affects the cost of sculpture; casting bronzes, for example, is an expensive process.

The price you are being quoted should fit with other prices for that artist’s work. Check what galleries are charging and do an internet search.

Once you have agreed a price, is it likely that the artist will want a deposit before starting work. This is very unlikely to be more than 50 per cent of the price. Artists may ask for a substantial deposit for portraits, because in the event of a disagreement or your not liking the finished work, it would be hard for them to sell it to anyone else. If you are commissioning, for example, a local landscape, the deposit might be at the lower end, because the work should be readily saleable, if necessary.