Unpaid Art Commissions: Why Clear Payment Terms Matter
Disputes frequently arise between artists and collectors regarding what defines a "finished" commission, resulting in unpaid works. While collectors may greenlight progress images and designs, artists face expenses such as canvas and studio rent prior to receiving full payment. It is crucial to establish clear payment terms from the beginning, outlining size, materials, deposits, payment milestones, and delivery details. Artquest's Guidance for Commissioning an Artist recommends written contracts to set expectations, including limits on revisions and methods for approval. Invoices should detail the artwork, total cost, any changes, deposits, and remaining balances. When payments are late, artists should revisit agreements, document the project, request payment clearly, and seek legal counsel if necessary, steering clear of aggressive communication.
Key facts
- Completed, approved and fully paid are three separate stages that should be agreed before a commission begins
- Artists may have paid for canvas, framing and weeks of studio space while holding only a deposit
- Payment terms often remain unclear even when subject, price and delivery date are settled by email or Instagram
- A written brief should cover size, materials, reference images, deposit, payment milestones and delivery arrangements
- Artquest's Guidance for Commissioning an Artist provides examples of written commission terms with staged payments
- The brief should fix how many revision rounds the initial price includes and the cost of later modifications
- Invoices should list the work, total agreed cost, approved changes, deposit and remaining balance
- For overdue payment, artists should review the agreement, collect the project record, request payment clearly and consider formal debt recovery
Entities
Institutions
- Artquest
- FAD Magazine