Should we be encouraging?

[trooper6]

This pdf has a lot of information about commissioning an artist and includes a lot of detailed discussion of rights and the commissioning process.
http://www.hireanillustrator.com/how-to ... trator.pdf

[firecat]

@Anne: I see your point!
I rewrote that part now

The creator (you) retain the commercial rights, meaning that if the commissioner wants to make money off your work at any given time, they need to buy those rights from you. You also have the right to distribute and showcase the commissioned piece and in some case make money off it as well. All this SHOULD be discussed and put down in a contract beforehand if you are unsure what your rights as creator or clients are over non-commercially commissioned work.

however the commissioner has the right to know whenever the art becomes commercial use or not, fail to do so can and has lead artist to lose court battles. If the artist fail to explain what rights go into the trade than the commissioner has rights to sell it under:

Works Made for Hire

Some artwork is commissioned and created for a specific purpose. Depending on the terms of the arrangement between the artist and the purchaser, the artwork may be considered a work for hire. If a work is made for hire the purchaser may be considered the original author rather than the artist. Despite accreditation allowed under moral rights or VARA, the legal rights of a work for hire will reside with the purchaser.

more info: https://en.wikipedia.org/wiki/Work_for_hire