Beware, the long post incoming. Pro tips for artists who work on commissions!
DISCLAIMER: I do not have, like, a HUGE online following and canāt be called a popular or viral artist, but I do have some experience and Iāve been working as a freelance artist for more that five years, so I could share a few tips on how to work with clients with my fellow artists. Scroll down for the short summary!
First of all, you always need to have your Terms of Service written down in a document that is accessible for your potential clients. And by terms of service I donāt mean a set of rules like āI donāt draw mecha, anthro and N/S/F/Wā. There is much more into it, than you may think when you first start drawing commissions.
Youāll need to understand how copyright law/authorās rights in your country works (for example, US copyright or Russian authorās rights, be sure to check your local resources). There are a bunch of sites where you can actually read some legal documents (. I know it might be boring, but TRUST me, you WILL need this knowledge if you choose this career path.
Russia, for example, is plagued with shops selling anime merchandise. The merchandise is usually printed somewhere in the basement of the shop and the shop owners literally rip off other peopleās intellectual property. If the artist ask them to remove their IP from the shop the owners usually try to fool them with lies about how the IP works. They will tell you, that you have to register copyright on every single drawing and if you donāt do it anyone can reproduce and sell your artwork. In reality, copyright law in most countries simply doesnāt work this way. Once you create an original work and fix it, take a photograph, write a song or blog entry, paint an artwork, you already are the author and the owner. Yes, there are certain procedures of copyright registration, which is only a step to enhance the protection, but you become an author the very moment you create a piece of art, and no one have a right to take your creation from you. Knowing your rights is essential.
Some of your commissioners may try to scam you too, but most of them might simply not be aware of how copyright law works. I literally had people asking me questions whether or not the character I am commissioned to draw becomes MY intellectual property. I literally had to convince the person (who was legit scared, since the commissioned piece was going to be a first image of his character ever created) otherwise. If you have an idea of the character written down or fixed in any other form such as a collage, a sketch, or a concept art ā the character is yours. Artist may have rights to the image they create, but not the character itself.
Your potential commissioner must acknowledge that their characters, settings and etc. is still theirs, while your artwork is yours, if your contract doesnāt state otherwise. You can sell the property rights on your artwork to your commissioner if you want, but it is unnecessary for non-commercial commissions. And I strongly advice you to distinguish the non-commercial commissions from commercial ones and set the different pricing for them.
Even if you sell ownership of your artwork to your commissioner, you can not sell the authorship. You will always remain an author of your artwork, thus you still have all the authorās rights stated in the legal documents.
Another thing that is absolutely necessary to be stated in your terms of service is information whether (and when) it is possible to get a refund from you. You absolutely have to write it down: no. refunds. for finished. artworks.
You have already invested time and effort to finish an artwork. The job is done and the money is yours. Iāve heard stories of commissioners demanding refund a few months later after the commission was finished and approved by the commissioners, because, quote āI do not want it anymoreā. Commissioning an artist doesnāt work this way, artwork is not an item purchased on shein or aliexpress that can be sent back to the seller. It is not a mass production. It is a unique piece of art.
Example: My friend once drew a non-commercial commission for a client who tried to use it commercially later on. She contacted him and reminded of the Terms of Service he agreed with, offering him to pay a fee for commercializing the piece instead of taking him to the court or starting a drama. He declined and suddenly demanded a full refund for that commission via Paypal services. My friend contacted the supports and showed them the entire correspondence with that client. She also stated that the invoice he paid included a link to the Terms and Service he had to agree with if he pays that invoid. The money were returned to her.
However, partial refund can be possible at the certain stage of work. For example, the sketch is done, but something goes horribly wrong. Either the client appeared to be a toxic person, or an artist does not have a required skill to finish the job. I suggest you keep the money for the sketch, but refund the rest of the sum. It might be 50/50 like I suggested to my clients before (when I still could work with Paypal), but it really depends on your choise. I suggest not doing a full refund though for many reasons: not only you make yourself vulnerable, but you also might normalize a practice harmful to other artists this way.
The main reason why full refund when the sketch/line-art are done must not be an option is that some clients may commission other artists with lower prices to finish the job.
This brings us to the next important point: you absolutely need to forbid your clients from altering, coloring or overpainting your creation or commission other artists to do so.
This also protects your artwork from being cropped, changed with Instagram filters or even being edited into a N/S/F/W image.
Speaking of which.
If you create adult content, you absolutely need to state that to request such a commission, your commissioner must at least be 18/21 years old (depending on your country).
And as for the SFW commissions you also have to state that if someone underage commissions an artwork from you it is automatically supposed that they have a parental concern.
There is also a popular way to scam artist via some payment systems, called I-did-not-receive-a-package. Most of the payment systems automatically suppose that you sell goods which have to be physically delivered via postal services. This is why it is important to state (both in the Terms of Service and the payment invoice itself) that what commissioner is about to receive is a digital good.
And the last, but not the least: donāt forget about alterations and changes the commissioner might want to make on the way. Some people do not understand how difficult it may be to make a major change in the artwork when it is almost finished. Always let your commissioners know that all the major changes are only acceptable at early stages: sketch, line-art, basic coloring. Later on, it is only possible to make the minor ones. I prefer to give my commissionerās this info in private emails along with the WIPs I send, but you can totally state it in your Terms of Service. I do not limit the changes to five or three per commission, but I really do appreciate it when I get all the necessary feedback in time.
To sum this post up, the info essential for your Terms of Service doc is:
- The information on whether or not your commissions are commercial or non-commercial. If they are non-commercial, is there a way to commercialize them? At what cost?
- The information on authorās and commissionerās rights;
- The information on whether (and when) refunds are possible;
- The prohibition of coloring, cropping, overpainting and other alterations;
- The information on whether or not you provide the commissioner with some physical goods or with digital goods only;
- Donāt forget about your commissionerās age! If you work with client who is a minor, a parental consern is required. And no n/s/f/w for underage people!
- You may also want to include that you can refuse to work on the commission without explanation in case you encounter a toxic client or feel like it might be some sort of scam.
- I also strongly suggest you work with prepay, either full or 50% of total sum, it usually scares off the scammers. I take my prepay after me and my client agree on a rough doodle of an overall composition.
- I also include the black list of the themes: everyting offensive imaginable (sexism, homophobia, transfobia, racism, for N/S/F/W artists it also might be some certain fetishes and etc). Keep your reputation clean!
- Ban N/F/T and blacklist the commissioners who turn your artworks into them anywayss, donāt be shy <3
These are the things that are absolutely necessary but are so rarely seen in artistsā Terms of Service that it makes me sad. Some of these tips really helped me to avoid scams and misunderstandings. I really hope it helps you all!
