A commission and a licence answer different questions
Clarify what someone will make and how you may use it before the project becomes a collection of assumptions.
Start with two separate descriptions
A commission describes work someone is engaged to create. A licence addresses permitted uses of copyright material. Arts Law explains that paying for an artwork does not necessarily transfer copyright, and that the position can vary with the circumstances. Before choosing a contract, write down both the requested work and the intended uses. This is general information, not legal advice about ownership in a particular project.
Describe the uses in ordinary language
Will the work appear on a website, packaging, a publication cover, paid advertising or merchandise? Will other organisations need to use it? Is the use limited to an event, a territory or a period? These questions are easier to resolve when stated plainly before legal wording is discussed. “For marketing” may leave too much uncertainty for either side to price or approve the work properly.
Keep creation and approval visible
A practical project record should identify deliverables, milestones, decision makers and the number or scope of revision stages. Explain how changes to the brief will be agreed. If you need a physical original as well as digital files, state that separately. The person making the work should know what counts as completion, and the commissioner should know what they will receive.
Discuss credit and future changes
Agree how the creator will be credited, whether they can show the work in a portfolio and who may adapt or supply files to another provider. Do not assume that obtaining an editable file resolves every rights question. For culturally sensitive material or work involving third-party rights, obtain the appropriate specialist guidance rather than relying on a generic checklist.
Use a suitable agreement and get it checked
Arts Law provides resources distinguishing commissioning and licensing situations. Creative Workplaces also points to contract guidance and sector support. Use those resources to find an appropriate starting point, then obtain advice on the actual agreement where needed. This article does not supply a universal contract or determine who owns a particular work. The useful outcome is a clearer brief and a smaller set of unresolved questions before anyone starts.
Sources & further reading
Primary sources used for this guide. Practical arrangements can change; follow the official source for current details.
Researched from the linked sources, with editorial interpretation and practical suggestions. No visit, interview or product test is claimed. Our editorial standards.
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