Ask the Expert: Commissions

Following on from the Ask the Expert on approaching galleries, the following questions have been sent in on the subject of approaching commissions.

Source: Arts Council England, © Naomi Siderfin 2005

Question:  When artists are commissioned by an organisation, is there a way of determining who should be responsible for what?

William Huntingdon, York

Answer:

The success of a commission is determined largely by how in tune the commissioner and the artist are with each other's aims. A good working relationship with an artist or arts group is most likely to develop if the commissioner is excited by and understands the spirit of the work.

The commissioner's responsibilities often include:

• fundraising
• administration including insurance, licensing, health and safety and planning permission if required
• public consultation if required
• presentation including marketing, press and publicity

The artist's responsibilities often include:

• practical realisation of the work (including installation)
• supplying written and visual information as required
• realising work to an agreed specification for an agreed date

Both partners should take joint responsibility for:

• conceptual realisation of the work
• sourcing materials
• good communication
• keeping to schedule
• documentation and interpretation
• evaluation
• agreeing on the budget required

Question:  I work as a sculptor and I have a friend who works for an organisation who want to commission an artist for a piece of work they have planned.  If I get involved, is it strictly necessary to draw up a formal contract?

Helen Watson, Cleckheaton

Answer:

Once the grounds for working together are established, it is essential to propose, agree and sign a contract before any work takes place.  There are no established rules in a commissioning relationship and every contract will be unique.

A contract should include:

• names and contact details of all parties concerned
• statement of the commissioning relationship and terms used thereafter in the contract
• production and presentation schedules - presentation dates and tour dates (if applicable), transport, storage, installation, security, insurance, and in some cases repairs/maintenance and decommissioning
• roles and responsibilities of each party
• publicity and marketing - commissioner's commitments, deadlines for provision of artist's information, design, acknowledgements
• financial arrangements - commission fees, production budget and schedule for release of funds

Publication, documentation and dissemination, including copyright, reproduction rights and further use should also be explicit in a contract between artist and commissioner.

Generally the artist will own copyright of the final work unless the curator/commissioner has a large stake in the conceptual development and realisation of the project, in which case joint copyright may be appropriate.

It is good practice to retain copies of all notes, emails and other correspondence between the parties that refer to the commission, from the start of negotiations to its completion.

Question:  I have been asked to draft a budget for commissioning a sculpture for the opening of a new building at work.  What sort of information and costs should I take into account?

Maggie Stanton, Cawthorne

Answer:

When commissioning, an expenditure budget should include:

• artist's fee - based on national guidelines and the artist's experience level 
• detailed production costs including research and development costs where necessary
• curatorial/commissioning fee where appropriate
• project overheads including travel, insurance, proportion of annual costs (for venue based organisations) and contingency 
• PR and marketing including print, postage, stationery, advertising, consultancy 
• documentation, publication and evaluation

Artist's fees and production costs may be presented as a single commission fee to be allocated at the artist's discretion.

Question:  I understand that it is a good idea to document any commissions I undertake.  What is the best way to approach this?

Robert Dixon, Nr. Barnsley

Answer:

Documentation is a vital aspect in the realisation of a commission, since producing new work is a significant achievement for both artist and commissioner, and it is good practice to document this.

Professional quality photographic, digital and audio documentation provides material for:

• press and marketing during commission
• hard-copy catalogue or publication 
• website dissemination
• Artist's and commissioner's archives.

If the budget allows, producing a printed publication creates a permanent record and contributes to the longevity of the commission and the professional development of both artist and commissioner.