Commissioning art is the process of engaging an artist to create an artwork, based on the client's request. For example, corporate clients may engage in art commission for their branding purposes. Interior designers may commission art to fit in the color scheme or the theme of their project.
Typical clauses to be included in the Commission Contract
1. Parties
Identity information the Commissioner and the Artist
Is the Commissioner a private individual or is it a corporation?
2. Descriptions of the Artwork to be Created
It should be as specific as possible.
Descriptions include e.g. subject-matter, size, finishes and framing, etc.
3. Timeframe for the Creation and Delivery of the Artwork
Is time to be made the essence of the contract?
Is the Artwork to be created and delivered to the Commissioner no later than a particular date and time, including the time for approval of the Artwork to be created?
4. Logistic Issues and Installation of the Artwork
Who is responsible for the arrangement of the logistics matters and installation of the Artwork?
5. Ownership of the Artwork
Who is the owner of the Artwork?
Any terms and conditions for the reproduction of the Artwork ?
6. Intellectual Property Rights
E.g. Any assignment of copyright from the Artist to the Commissioner (which is the exclusive rights to make or authorise others to make reproductions, and to prevent others– including the artist– from doing so) of the Artwork?
7. Payment Terms
It is necessary to specify the payment terms and time and payment method.
8. Governing Law
Does Hong Kong law apply? How are disputes going to be resolved if something goes wrong?
For Hong Kong Art Law Services, please contact CHOW & CHEUNG [Tel: +852 2856 3799 or Email: cac@ccsn.hk]
www.ccsn.hk
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