Verified on 30 October 2026. Should any information have changed, notify me and I shall update it with the date of the amendment.
Someone sends you a private message asking for an illustration. Before accepting, you need to be clear about what you will deliver, how much it costs, how many rounds of changes are included, which uses you authorise and how you will be paid. This guide outlines the relevant provisions of the Civil Code, the Intellectual Property Act, and invoicing regulations, providing four indicative templates. It is intended for individuals aged 16 to 24; if you are a minor, the commission must be signed by your legal representatives. This information does not constitute legal advice: any significant contract should be reviewed by a solicitor.
The commission under the law
Article 1544 of the Civil Code states: "In the leasing of works or services, one of the parties is obliged to execute a work or to provide a service to the other for a certain price." Article 1588 permits an obligation to execute a work by providing only the labour or both the labour and the material, and Article 1583 contemplates services for a specific work.
In my view, an illustration commission falls within these articles, even if the law does not state so explicitly. Articles 1589 to 1600 regulate, among other matters, the risk prior to delivery and the acceptance of the work. Article 1594 regulates the owner's withdrawal: "The owner may withdraw, at their sole discretion, from the construction of the work even if it has commenced, by indemnifying the contractor for all their expenses, labour, and the profit they could have obtained from it." Applied to a commission, this implies that the client may cancel even if you have commenced work, provided they indemnify you; this interpretation is my own.
Delivering a file does not constitute an assignment of rights
The delivery of the illustration does not automatically transfer the exploitation rights. According to articles 43 to 48 of the Intellectual Property Act, which is explained in Comic publishing contract, the assignment must be made in writing and is limited to the right, the modalities, the time and the territory agreed upon. If the time is not mentioned, the assignment lasts for five years; if the scope is not mentioned, it is limited to the country in which it is made; if the modalities are not specified, it is limited to that which is necessarily inferred from the contract and is essential for its purpose.
For this reason, it is necessary to specify which uses are authorised. If you sell the physical original, or a file, and the licence that accompanies it, this is addressed in the guide on physical work and digital files.
The points of a commission
- What is being commissioned. Description, format, size, number of pieces and style.
- Permitted uses. Where and how the client may use the image: personal, social media, web, print, product, advertising, commercial use.
- Quote. Total price, what is included and what is charged separately, such as changes outside of what was agreed.
- Deposit. A portion of the price upon acceptance, to cover your time if the commission is cancelled.
- Schedule. Date for the sketch, revisions and final delivery.
- Revisions. How many rounds are included in the price and what counts as a revision.
- Cancellation. What is refunded and what is retained depending on the phase in which it is cancelled.
- File delivery. Format, resolution and whether working files are provided.
- Authorship and credits. Who is listed as the author and how they are credited.
- Assignment or licence. Which rights are assigned or licensed, for how long and in what scope.
- Invoice and receipts. How it is invoiced and paid.
Invoice and VAT
Article 2 of the Invoicing Regulations (Royal Decree 1619/2012) requires entrepreneurs and professionals to issue an invoice for services provided in the course of their activity. The client's status as a private individual does not in itself eliminate this obligation, and if the client is an entrepreneur or professional acting as such, an invoice must be issued in all cases. Article 164.One.3 of the VAT Act mandates the "issuance and delivery of an invoice for all operations, adjusted to what is determined by regulation." Article 6 of the Regulations lists the invoice data: number and series, date, name and address of the issuer and the recipient, tax identification number (NIF) in the provided cases, description of operations, tax rate, and amount.
If you are a minor, the official information from the Social Security Treasury does not permit registration as an individual self-employed worker under the age of 18. This is explained in Selling your drawings as a minor. For when you are of age, consult How to invoice the sale of a work of art in Spain: VAT and withholding.
If the client is an individual
If the client is a consumer and the commission is concluded at a distance, the consolidated text of the Consumers and Users Act generally recognises a fourteen-calendar-day period to withdraw without providing a reason (Article 102). It excludes the supply of goods made to the consumer's specifications or clearly personalised (Article 103.c).
That exception refers to goods. The same Article 103 contains two others that may be relevant to a commission: that of services fully executed, when execution has begun with the prior and express consent of the consumer, who acknowledges that they will lose their right of withdrawal once the entrepreneur has fully executed the contract (paragraph a); and that of digital content without a material medium, when execution has begun with prior consent, acknowledgement of the loss of the right, and contractual confirmation (paragraph m).
I have not located a resolution or criterion that states whether an illustration commission fits into any of these. You should record in writing the client's consent for you to start the work and their acknowledgement that they lose the right of withdrawal once it has been delivered, and check this with an adviser.
Commissions received via private message
Respond in writing, with the quote and the conditions, before starting. Request that the client also accepts it in writing. Messages, emails, the accepted quote and the invoice are your evidence if there is a conflict: keep them. If the payment does not arrive, consult Claiming payment for an artistic commission.
Four indicative templates
These are my examples, not legal texts. Adapt them and, if the commission is significant, consult a lawyer.
Quote
Commission: [description of the illustration, format and size].
Authorised use: [personal / social media / web / print / product / advertising], during [term] and in [territory].
Price: [amount] plus VAT if applicable. Deposit of [percentage] upon acceptance; the remainder, upon delivery.
Deadlines: sketch on [date]; final delivery on [date].
Includes [number] rounds of revision. Each additional revision costs [amount].
Cancellation: if cancelled before the sketch, [percentage] of the deposit is returned; after the sketch, it is not returned.
Files: [format and resolution].
Credits: [method of crediting].
Validity of the quote: [date].
Checklist prior to acceptance
- Do I know who the client is and what they will use the image for?
- Have I described in writing what I am delivering and what I am not?
- Are the price, deposit, schedule and number of revisions agreed?
- Do I know what happens if it is cancelled?
- Have I stated which uses I authorise, for how long and where?
- Do characters or images of others appear? If so, consult Fanart: what you can do with third-party characters.
- Will I be able to invoice or collect payment legally according to my age?
- Have I told an adult, if I am a minor?
Limited licence
The author grants the client a [non-exclusive] licence to use the illustration [description] on [media] for a [duration] in [territory]. Ownership of the work and rights of transformation are not transferred. Any other use requires a written agreement. The author retains the right to display the work in their portfolio.
Response to an informal enquiry
Hello, thank you for your message. Before proceeding, I require clarification on the following: what you wish me to illustrate, the intended use, and your required timeline. Upon receipt of this information, I shall provide a written quote detailing the price, schedule, included revisions, and authorised uses. Work shall commence once you have accepted the quote and paid the deposit.
Points requiring clarification
- Whether an illustration commission falls under the exception for fully executed services or digital content under Article 103 of the Consumers and Users Act.
- Whether an illustration commission always constitutes a contract for work or services.
Itineraries
I am going to sell or exhibit
Prior to your first commission, ensure you have prepared the quote, licence, and template response. Do not commence work without written acceptance.
An open conversation
This guide provides standards and indicative templates. If you work in civil law, intellectual property, or professional illustration and can contribute a standard clause or rate, you may contact me.
Sources
- Civil Code (BOE), arts. 1544, 1583, 1588 and 1589 to 1600.
- Intellectual Property Act (BOE), arts. 43 to 48 and 59.
- Royal Decree 1619/2012, Invoicing Regulations (BOE), arts. 2 and 6.
- VAT Act 37/1992 (BOE), art. 164.
- Royal Legislative Decree 1/2007, Consumers and Users Act (BOE), arts. 102 and 103.
- Social Security (Importass), registration as a self-employed worker.