A clear commission does not decide in advance what the project will look like. It defines the problem, the pieces, who supplies the materials, how many decisions fit within the budget and which uses will be authorised afterwards.
Define the need
Explain the project, the audience, the context, the tone, the media, the languages, the schedule and the aim. Separate identity, graphic system, original piece and adaptations. Provide references for what they show, not to ask for a copy.
Inventory of pieces
List each deliverable with size, orientation, channel, language, quantity and the person responsible for production. ‘Social media’ or ‘gallery material’ are not measurable deliverables. For each piece, note:
- format and dimensions;
- versions;
- date;
- final file.
This inventory is an operational proposal of the guide.
Client materials
Supply approved texts, images, credits, logos, captions, permissions, specifications and contacts. State who corrects the content and who answers for the rights. A delay in the materials should shift the schedule as agreed.
Proposals, rounds and changes
Set the number of initial directions, the rounds included, the way comments are sent and the person who consolidates the decisions. Distinguish between correcting an error, a revision within scope and a change to the commission. Agree a rate or an additional budget before expanding the scope.
Schedule and approvals
Use milestones: briefing, first proposals, selection, development, review, final artwork and delivery. Define the client’s response time and what approving means. Send nothing to the printer without written approval of the content and of the file.
Budget and payment
Separate creative fees, adaptations, coordination, extraordinary meetings, production, licences, fonts, images, proofs and courier costs. State the advance payment, payment milestones, validity of the quotation, cancellation and chargeable expenses. To organise the costs of an exhibition project, see How to budget for a small exhibition.
Law 3/2004 on measures against late payment in commercial transactions applies to transactions between businesses, understood as anyone acting in an independent economic or professional activity. Unless otherwise agreed, payment is due 30 calendar days after receipt of the goods or services, and the parties may not agree more than 60 days. If the debtor falls into arrears, the creditor is entitled to a fixed sum of 40 euros for recovery costs, in addition to any documented costs that exceed it (Article 8). That law excludes transactions with consumers. Write the agreed term into the contract.
Copyright and assignment
A commission and its payment do not in themselves amount to an unlimited assignment. The Spanish Intellectual Property Law (LPI) gives the author the exclusive exercise of the exploitation rights, among them reproduction, distribution, public communication and transformation (Articles 17, 20 and 21). For another person to exercise them, an assignment is needed, under these rules:
- Scope. The assignment is limited to the rights, modes of exploitation, time and territory expressly agreed. If no time is stated, it is limited to five years; if no territory is stated, to the country where the assignment is made; and modes of exploitation that are not specified are limited to those necessarily deduced from the contract (Article 43).
- Future works. An assignment of all the works the author may create in the future is void. Nor does an assignment extend to modes of exploitation that did not exist or were not known when it was made (Article 43).
- Form. Every assignment must be formalised in writing (Article 45).
- Exclusivity. It must be granted expressly (Article 48).
- Remuneration. The general rule is a proportional share in the revenue, but the law allows a lump sum in certain cases (Article 46). If the lump sum is manifestly disproportionate to later revenue, the author may ask for a review (Article 47).
Article 51 governs works created within an employment relationship. It should not be applied automatically to a commission given to an independent professional. No equivalent general regime for every work commissioned from a self-employed person has been located in the LPI, so what is not agreed is resolved under the general rules above.
Identify reproduction, distribution, public communication and transformation. Agree media, campaigns, languages, territory, duration, versions and whether third parties may adapt the work. A broader assignment may affect the price. For the commissioning of an artwork, see Commissioning an artwork.
Credit and moral rights
Article 14 of the LPI recognises the author’s moral rights as inalienable and not capable of being waived. Among them are the right to demand recognition as the author (14.3) and the right to demand respect for the integrity of the work and to object to any distortion, modification or alteration that prejudices the author’s legitimate interests or reputation (14.4).
The LPI does not lay down how, where or at what size the credit must appear on each piece. Agree those conditions according to the medium and the use, and agree who may modify the design and within what limits.
Third-party elements
Fonts, photographs, illustrations, templates and software keep their own licences. Decide who buys each licence, in whose name, for what use and who keeps the receipts. Where the design incorporates other people’s works, see How to authorise the reproduction of a work.
Final and editable files
List the print PDFs, web files, images, accessible versions, the manual and the source package. Delivering the final result does not necessarily mean delivering editable files, fonts or sublicensable resources. Agree formats, organisation, compatibility and later support. No rule has been located that requires editable files to be delivered or that defines what ‘open files’ are.
Cancellation
Set what is paid according to the stage, which materials may be used, how information is returned and what each party keeps. Article 1594 of the Spanish Civil Code governs the owner’s withdrawal from a contract for work, with compensation to the contractor. Whether that article applies to a design commission depends on how the contract is classified and on its circumstances, and it should not be presented as an automatic cancellation rule for any creative service. It is therefore advisable to agree cancellation in writing.
Archive and portfolio
Decide whether the designer may show the work in a portfolio, when, which pieces and with what credits, and whether there is confidential information that must be omitted. No general rule has been located that authorises or prohibits that publication: what is not agreed must be assessed under the assignment rules above. Expressly authorise or limit inclusion after the project is published.
Checklist
- Need, audience and context are defined.
- Each piece has a format, versions and a date.
- Materials and permissions have a person responsible.
- Proposals, rounds and changes are delimited.
- The schedule includes response times.
- The budget separates fees and expenses, and sets the payment term.
- The assignment identifies rights, modes of exploitation, term, territory and exclusivity, in writing.
- Credit and integrity are regulated.
- Third-party licences are assigned.
- Final and editable files are not confused.
- Cancellation, portfolio and archive are provided for.
Further reading
- Commissioning an artwork: contract, payments, rights and delivery.
- How to authorise the reproduction of a work.
- How to budget for a small exhibition.
Sources
- BOE, Royal Legislative Decree 1/1996, Intellectual Property Law (consolidated text). Last amendment shown: 30 March 2022. Articles 14, 17, 20, 21, 43 to 48 and 51.
- BOE, Law 3/2004 on measures against late payment (consolidated text). Last update shown: 1 October 2014.
- BOE, Civil Code (consolidated text). Article 1594. Last update shown: 3 January 2025.
Status: Verified. Reviewed: 11 October 2026. General information; the specific contract may require legal review. If you find a mistake, write to me.