Verified as of 1 October 2026. If you spot an error, write to me.
A commission concerns a work that does not yet exist: someone requests it and an artist agrees to make it. Conflict tends to arise when each party imagined a different work, process or set of rights. A written agreement does not remove all uncertainty, but it makes clear what has been agreed and what will happen if the project changes.
This guide deals in general terms with artistic commissions in Spain. The legal nature of the arrangement and the rules that apply depend on the subject matter, the parties and the specific terms.
In writing
The Civil Code provides that the person carrying out a work may supply only their labour or the materials as well. There is no single form for an artistic commission, but it is advisable to record the offer and acceptance in a contract or, at the very least, in an unambiguous exchange of emails.
If the agreement includes an assignment of exploitation rights, it must be formalised in writing. The document should distinguish the making and delivery of the original from any authorisation to reproduce, publish, distribute or transform the work.
Identify the parties and the work
Include:
- the name, identification and contact details of the parties;
- a description of the commission;
- technique, support and approximate dimensions;
- the intended place or purpose, if they shape the work;
- the materials each party supplies;
- sketches, models or intermediate stages;
- elements that cannot be changed;
- the artist's creative latitude.
Precision should not turn the artist into a mere executor of instructions if the commission is sought precisely for their language. State which decisions belong to the artist and which require approval.
Sketches, changes and approval
Clarify:
- how many sketches or rounds of changes the price includes;
- what the person commissioning must approve;
- by what means approval is given;
- when a change counts as additional work;
- what happens if one party stops responding;
- whether discarded sketches may be used or published.
Approval of a sketch does not guarantee that the material result will be identical, especially when the technique introduces variation. It can be agreed that conformity is assessed against the description and the approved stages, not against an undocumented subjective expectation.
Deadlines, price and cancellation
The agreement should state:
- dates for sketches and delivery;
- what happens if a decision, a payment or a material is delayed;
- the total price and taxes;
- whether materials, frame, transport, insurance and installation are included or excluded;
- the payment schedule;
- the consequences of cancellation.
A deposit can finance materials, reserve working time and cover part of the commission if it is cancelled. Do not assume it can always be kept: define in writing what it is for, when it is returned and what part pays for work already done.
It is also worth deciding what happens with a finished work that matches the agreement but does not satisfy the taste of the person who commissioned it. The answer will depend on what was agreed about sketches, approval, termination and outstanding payments.
Delivery, ownership and risk
Specify:
- who packs and transports;
- who arranges insurance;
- when delivery is considered complete;
- when ownership of the original passes;
- who bears the risk during transport and installation;
- what happens if the work is damaged before delivery.
Do not presume that payment, delivery, transfer of ownership and transfer of risk always happen at the same moment. The contract should put them in order.
Copyright
Commissioning and paying for a work does not make the person commissioning it the author, nor does it by itself transfer the exploitation rights. The artist keeps their rights, except those assigned or licensed in writing and within the agreed scope. The guide Selling a painting is not selling its rights develops this distinction.
If the person commissioning needs to use images of the work, the following must be specified:
- authorised uses;
- media and formats;
- territory;
- duration;
- exclusive or non-exclusive nature;
- whether adaptation is allowed;
- remuneration;
- how authorship is to be credited.
The guide How to authorise the reproduction of a work explains how to define those uses.
Moral rights remain with the artist. They include recognition as the author and respect for the integrity of the work. The latter does not automatically prevent any change: it protects against distortion, modification, alteration or attacks that damage the author's legitimate interests or harm their reputation. For murals, works integrated into buildings and installations, provide for maintenance, restoration, relocation, removal and destruction.
Portraits and recognisable people
Creating a portrait and disseminating it are different acts. Capturing, reproducing or publishing a person's image may amount to an unlawful interference unless there is consent or a legal exception applies. Advertising or commercial uses of their name, voice or image also require specific attention.
If the commission depicts a recognisable person, state in writing:
- who has authorised posing or supplying reference images;
- who may see the work in a private setting;
- whether it may be exhibited publicly;
- whether the artist may show it on their website, in their dossier or on social media;
- whether it may be reproduced in catalogues or commercial materials;
- what limits apply to minors or intimate information.
A person commissioning their own portrait does not thereby authorise indefinite publication or commercial use. Agreeing the uses in writing avoids confusing permission to create the work with permission to disseminate the person's image.
On completion
Document the delivery and provide:
- a technical sheet;
- a certificate, where appropriate;
- an invoice;
- installation or conservation instructions;
- the licence or assignment of rights, if there is one;
- agreed photographs of the finished work.
If either party keeps sketches, moulds, digital files or materials, state who may use them and for what purpose.
About the open conversation
This guide offers general criteria and is not a substitute for a legal assessment of a specific commission, especially where it involves a large sum, includes advertising, affects a building or depicts third parties. If you have commissioned or made a work and spot an omission, write to me.
Sources
- Código Civil, texto consolidado, art. 1588 and rules applicable to the specific contract.
- Real Decreto Legislativo 1/1996, Ley de Propiedad Intelectual, texto consolidado, arts. 14, 17 to 21, 45 and 56.
- Ley Orgánica 1/1982, de protección civil del derecho al honor, a la intimidad personal y familiar y a la propia imagen, texto consolidado, arts. 2, 7 and 8.