Fix my roof!

Dear Hope, Look, there are a lot of jobs out there where the meter is running. Be a waiter, do accounting or make caramel mocha machiatto’s is a good place to start. But when you are an artist, it’s a different ship in every way. Now, this commission is a wonderful thing. You actually got paid to do what you love and someone has recognized this and will part with their hard earned money for you to do so. I always say “It’s their pizza” which means, make it however they like it. So, make this painting perfection for the client. That is, if they want that solar panel replaced with a macrame Plant holder, DO IT! Ill go you one further and that is to be the artist where your reputation is exemplary. Word of mouth is crucial for an artist and often a testimonial from a happy client goes acres further than a client who is less than pleased and has been squeezed for every last dime. You gotta dance like nobody is watching, sing like nobody is listening paint like nobody knows and do it all like you DON’T NEED THE MONEY!!!

As usual, this commission business is a choice that most people don’t want to accept all the parts to – especially when it doesn’t suit them – both the artist and the client. People are pretty delusional about everything. So it seems to me that the rules have to be set down in writing before any work is executed OR the artist simply has to bite it. I’ve done both (written & bitten). Churches are pretty bad for expecting the moon and only wanting to pay for cottage cheese instead. I’ve a friend who actually agreed to “a” mural for a church only to have them start telling her that they wanted 7 and it had to be this and it had to be that – for FREE! On the other hand, I did a church mural – had a blast with a couple of the guys there – and a big round of applause when it was put up, and a paycheck. On this article’s painting of the house, it seems like she could have added more texture to the roof anyway, and managed to de-materialize the solar panel at the same time. It doesn’t look very picturesque. Which brings me to a secondary point that you, Robert, might want to address sometime. Modern life in America is not very picturesque! I’ve often sat somewhere thinking about creating a vignette of an area and realized that the scene was boring with all the modern things all over the place – that it wasn’t going to end up looking quaint or lovely or even brutally industrial – just life in America in the 21st century – boring – like every other place. We don’t have a whole lot of ancient buildings with terra cotta rooflines and stucco walls, or medieval walkways, or towering castles, or indigenous peoples with folksy ways. We’ve got Riteaid and Safeway and parking lots and signage everywhere. It’s hard to find a good plein air place of human habitation. I’d rather paint a cave entrance than that house. How do we portray life in 2011 in America without it looking like a real estate magazine photo?

John’s right. As a commission, it’s their pizza. Get specific details clear before starting the project. It’s imperative that the customer is happy; then you’ll feel satisfied too.

Hi Robert…I think the comment that the copyright in your commissioned piece goes to the commissioner is not correct, at least not in the US. In the US, the copyright of a commissioned piece of art is always owned by the artist, unless it is a “work for hire” (which is different and is in a situation where the artist does his work for a company or a previously arranged agreement with an individual who hires the artist with the legal agreement of owning the copyright) or the copyright is sold by the artist to the person who commissioned the work…usually at double the original price. Almost all my work (I’m a muralist) is commissioned, but only once in 18 years have I sold my copyright. Perhaps in Canada, there is a different law relating to this issue.

In regards to the copyright, US copyright law is different to my understanding. The artist always owns the copyright for ALL work unless it is signed away. It is always important to specify that all international rights are reserved in all media next to your name and copyright symbol.

I just can’t believe that a professional artist would have any difficulty matching colours she has just been using. Why ever would the painting have to be elaborately revamped? Of course, the square bit that is to be removed might behave like the spot in the royal apartment, Holyrood House, Edinburgh, which marks the place the Queen of Scots’ lover was murdered (correct me if I’m wrong on the history!). That spot of blood is irremovable. No matter what they do, it always comes back. The square on that roof might have the telltale relief effect (in this case a square eco gadget) acrylic paint has if you slap it on willy-nilly. That may be the underlying problem. But charging extra for correcting a mistake you have made yourself seems a bit over the top, Hope, even if you do qualify as one of the 3 sisters (the third being Charity, who might come into this as well….).

If you buy a suit off the rack you pretty well take what you get. Maybe a tuck here or there and the sleeves taken out a bit. But if you go to a tailor, then you have the final word on how the suit fits. Buy a finished work of art and it’s pretty much as is. Commission a piece and I think you’ve got the final word in this case too. R.

A friend of a friend asked me to paint his boss’s boat on a nautical chart of a part of Alaska. I said that would be easy and I would charge only $100. I painted the boat on the chart but got a small smudge on it. Charts are not forgiving. The client suggested I paint an iceberg behind the boat, which I did. I had the painting professionally framed. It looked great. After a total of at least 10 hours of work, I received my $100 (plus reimbursement for the framing) with a vow to charge a little more in the future.

Always get your agreement in writing first! I know that’s often hard to do, so if you write out your understanding of the verbal agreement, then ask your client to look it over before you both sign it, you will prevent a lot of problems. With illustrations, sometimes you throw in a certain number of changes “for free” and after that, charge for them. There are some people who will want you to make change after change and double the amount of time it takes to do a piece (especially art directors with illustrations. I knew one art director who was notorious for this. His artists all knew to make a glaring, easily-correctable problem in his assignments so he would have something to change and could then be happy!) Thank goodness most clients seem to like what they get the first time.

Dealing with the patron goes with the territory when you take commission work, which is the reason many artists, myself included, do not take commissions. Best to make the patron happy.

If one is going to do commissioned work the artist should expect requested changes. This is exactly why many artists refuse to do them and I’ve never understood why they are surprised. Unless it’s a major overhaul, such as a whole different composition, no, don’t charge extra for it. This request is actually minor. Kudos for interpreting your client’s desires so well. I have reduced that to a minimum by doing a detailed drawing of the work before paint ever touches the canvas. It helps me become familiar with my subject but equally, any changes can be made easily. No surprises, few requested changes. I have seen some artist/client agreements that were ridiculous in their detail. The more specific the harder it is to paint within such confined guidelines. Communication is crucial. Artist and client each have an idea of what the painting is going to look like but we can’t read each other’s minds. Another means to eliminate post completion changes would be to do a painted sketch. “Oh, the solar panel. It looks odd. Let’s take that out.” If you want to feel better about the process just talk to a builder about on site changes. One told me, “Try moving a wall after the roof is on.” Makes our stuff seem petty in comparison.

It goes back to the piece on Rockwell…”selection and rejection”; In the case of a commissioned artwork, this process is up to the one commissioning the work…lol. It seems odd that the solar panel was not part of the discussion of the work before it was painted as it certainly is an obvious detail;perhaps this experience will be invaluable for future commissioned works :) With or without the solar panel, I love the way the home’s image was captured.

This brings me back a lot of years. I’d painted a commissioned work for friends (an apparent happily married couple). They were excited about the placement of their portrait, right over their baby grand. They modeled numerous times, I worked and worked and completed a large – 40 x 30 – canvas. They split. Because they were “friends” I’d NOT had any kind of contract. I still have the piece (stored).

I always tell a commissioner that the final piece is only theirs if they like it and that they will not see anything that I think is not fit for public view. I don’t like commissions much, have made a living for decades without doing many, and never do portraits. Maybe I’m lucky that way. My thought on Hope’s problem. Do the little change they want and make the client happy. It may pay off later.

I tell people I don’t do commissions but I will do a painting of something they want and IF they like it, they can buy it. I don’t have to make changes that way. If they like it, they buy it . If not, I can sell it to someone else. I always do sketches which I can show a client. That can be a good “insight” on pickiness and /or vision of a finished piece.

I did a commissioned work in my very early years one of which was a man who wanted to have all the places him and his wife to be had been. I agreed and when he saw the finished work, he loved it. He said it was better than he imagined and the deal was done. A year or so later I heard from him saying it needed a touch up on one of the shops. We exchanged the painting and I did the little adjustment and called him but he never connected back to arrange a time. The painting sits in my studio and gets dusted every now and then — one can only imagine the reason, which to me appears obvious.

Since 90% of my work are commission paintings, if the client wants a correction, I say sure. Regardless of what it might take, and since I work in pastels, that can truly be an issue. If they want an additional person or pet, thats another story. Then there’s a charge.

I had to laugh over the plastic surgeon comment, but how true! I’m not a portrait artist myself but do paint a lot of commission work. I have however seen other portrait artists have to deal with clients asking for their hair to be lightened, grey removed, wrinkles lifted, bigger brighter eyes, slimmer than they are and so on, only to suddenly realize they look nothing like their corrections and although it’s how they want to look they realise they screwed up or worse yet can’t see why it no longer looks like them and all sort of fun and games start! We have all seen the portraits of some famous people that look like wacky versions of the people who are portrayed and I myself wonder if maybe they were asking for too many changes, not that the artist saw them wrong, or painted them badly! I find the best way to handle commissions is to do a basic coloured sketch of what they are requesting so they have something visual to go by and like for the artist who had the issue with the solar panel, the client would have seen it then and requested its removal at that stage before any time, paint or canvas is wasted! We all need to remember that we visualize things in different ways and what you may think the client sees it is often very different.

This may be of help regarding commissioned works (borrowed from Tad Crawford’s Business and Legal Forms for the Fine Artist.) I always take a third down…this is non-refundable and made clear to the purchaser so that at least supplies and some time are covered. At the halfway to three-quarter point, another third is due and the purchaser is invited to look at the work (in person or via e-mail) to make any changes and suggestions as to THEIR vision of the work…this allows for you to be somewhat on the same boat as the client…(you’re just letting them steer it for a bit :) I have found this mid-way point to be crucial to the process and also to the satisfaction of the purchaser. And then, final payment on delivery, of course. I’ve had great success with this method and a low “change this/change that” rate.

A quick, and by all means imperfect, recall of the several accounts I’ve read of Leonardo’s commission to paint the portrait now known as the Mona Lisa, is that having convinced the client it would better serve the process, da Vinci moved into the family home of the client, whose wife was the sitter. Not having completed the painting after two years of labour, the maestro left to accept another commission and took the unfinished painting with him.

Commissions can be tricky, for the most part I avoid them.. but when I do take one on I always charge double the price of my other paintings similar size and estimate double the time that I think it’s going to take me to create the piece. I take a non refundable 50% deposit and work with the client on the painting until it’s 100% of what they want. In the end it’s win win.

Thanks for your interesting input on this. I did a few commissioned portraits. I first choose the picture or make it myself before we settle the price. I tell the client if he does not like the painting he will not have to buy it. I can do up to two touch ups. Not more. After that too bad. I keep it with no charge. But that did not happen yet.

I see in your slide show of the totem, that to finish, you use an acrylic medium with a rag. Could you please explain this process. I have only used large brushed with thinned medium, first painted in one direction, then quarter turn the canvas and apply the other direction, when the first coat is dry. I do not use any further coatings. R.G. note:The rag system goes faster and you can take tones off real easy as well as put on. I’ve used your system too–it’s very good, but right now I’m using a rag.

I have been painting commissions for 10 years, and I think over the course of about 400 paintings, I have only had to “rework” a commission on five occasions! Not a big deal in the scheme of things….and, 90% of my business is word of mouth and referrals, so you want that to stay positive! My other secret…. refuse to paint people and houses and stick to dogs! A dog doesn’t care if they look “plain, overweight or I have given them a green nose” – they merely appreciate that someone has taken artistic license with their image and immortalized them on canvas! I also have a clause in my commission agreements, that I retain the rights to use the image of the painting solely for promotional and charitable purposes – and nobody has refused. I then sell greeting cards with the image – often back to the person who commissioned the work, and to many other dog lovers – and all the proceeds then go to charities that support animal welfare – so it all seems to work out just fine. One of my wonderful clients owns a pet store and has used the images of her painted pooches as branding for her store – hey it’s all good publicity!

I have only a humorist reply to this. Some artists define the price of their artwork by the painted square inch and how long it took them to paint it. For the described remodeling job I’d establish a fee defined by actual time spent. The reason is that remodel/repaint job sometimes exceeds the time one spent on the major part of the painting. The problem is that the customer doesn’t usually comprehend the domino effect of changes and their hidden consequences. What if the goat eats the painting under reconstruction?

I’d fix it too! Almost always, the client sees something at the end that could be changed, even if the work is perfect. A home craftsman I know always leaves a small, easily correctable “mistake” for the homeowner to find at the end of the job.

Yes commissions are fun. I just finished a winter , spring, summer, fall series of a house and they want me to change the garage doors to the ones from 30 years ago. Now they tell me…Oh, well, it can be done even though it is watercolor, just need a bit of acrylic to cover anything difficult. I am easy, so I try to do what the client wants, never mind that I underbid the job in the first place. I do a lot of pet and house portraits, so I am used to finicky clients.

I love the quality and detail of Hope’s painting. I do many house portraits and the solution to this kind of problem is solved before starting the painting. Often I do a fast sketch while talking to the client. I note the air-conditioners sticking out of windows, broken fences etc. The question is asked up front, “do you want me to remove this, or leave it in?” Then the question as to if they want me to include the family pet, the new planned flower bed or any other changes that they have planned. Bottom line, no surprises and the client gets exactly what they were looking for.

I have done quite a few commissions over the years. Most the time the commissioners thought I had the copyright, so asked permission to make stationery from it. I always gave them a signed paper saying that they had the copyright and could do with the painting whatever they wished. Robert, your advice is great! Keep at it!

A commission is a collaboration between the client and the artist. It runs the gamut from a portrait to “can you paint something with a mountain in it.” You will be using your talent and skills to help create someone else’s vision. In the ego-centric art world of the twentieth/twenty-first centuries, this is not looked upon kindly. However, you may be forced to leave your comfort zone and learn.

I think the solar panel should go, for the sake of aesthetics, if not to satisfy the customer. The principle behind this was explained in the last letter, concerning Rockwell’s use of photos. The artist isn’t married to the reference photos but can pick and choose what to use and what to leave out. In this case the client has spotted something that will make the picture better, so keep her happy.

For quite a while now I have been receiving your letters and they never fail to entertain me and give me something to think about! Today was no exception! I have not laughed so much in a long time and it brought back memories of some of the things people have said to me or asked of me when I was doing a commission or just painting on location. Perhaps the funniest happened in Barbados. There were lots of tourists around so I had set up my gear and drawn a circle about 10 feet in circumference around me and proceeded to paint. A toothless old woman with a large flat basket of nearly rotten bananas on her heard (she was selling them) stood outside my circle and yelled at me, “I ain’t inside your circle so don’t put me in your painting!” In an instant she was at my side, grabbed my brush and made an huge x right in the middle of the watercolor I had spent the better part of an hour painting!

Not having done too many commissions my experience is limited, but so far things have gone well . I fully agree, removing the solar panel should be done almost without a comment. What’s the big deal? Artists need to remember, while we know what goes into a painting, the client most often doesn’t have a clue. Sharpen your negotiating skills and remember to mention anything you can think of and clear it up before, ONE THE COMMISSION AGREEMENT SHEET, and have it initialed. My commissions have been mostly landscapes of particular views of the marshes here from the clients house, so there is leeway, I make it clear my style is my style and I will not turn into an photo-realistic morph over night for anything. They always point out that my style is what they like to begin with, so there is no problem. A suggestion, if there are a lot of details involved that make selling the painting to somebody else unlikely, negotiate 50% of the commission price as forfeited if they change their mind, for time, materials etc. Never mention artistic ability, they take that for granted. But most people understand, materials involved, time spend etc. That reigns in a lot of mind changing other demands etc. Also the clause that additions and major changes are subject to renegotiating the price. Above all make it professional. ABSOLUTELY NO WHINING on the artists part. After all I can paint something of my own choosing in half the time, with no pressure, other than self imposed, freedom of decisions etc. And they sell. Gently point that out to a difficult client, but better yet, avoid difficult clients altogether, they are hardly ever worth it.

I rather like the clear declaration of boundaries “mail them some brushes.” For some folks, that may the most winnable solution.

This is why I seldom, if ever take commissions. However, I did concede just recently in exchange for the labor cost of putting a new roof on my summer cottage. Thinking of it as paying a debt helped me to swallow my artistic pride and concede to painting a row of buoys on a picket fence. The difficult part was signing my name to it though…………Thankfully, it will only hang in his house and the odds of it undermining my integrity are slim as most of those that see it will probably love buoy’s too. Usually I tell people I don’t do commissions but I am happy to paint something that they think they want, if they don’t like it, it has to be something that I can market and sell to someone else. No hard feelings that way.

Though I agree with you, Robert, 100 percent, I think “faster than an ibis can peck his reflection in it”, though colorful, will not be the way Hope describes the process in the future. As the panel detracts from the beauty of the home, much like the client’s neighbor’s homes might, I think I would have asked about it in the first place? Between totems and girlfriends, chuckled all the way through coffee this morning, thank you!

And to quote John Singer Sargent: “A portrait is a painting when there is something wrong with the mouth.”

This letter caught my attention as I have done numerous commissioned works in the past and had to learn to deal with the variety of customer requests. Some of my favorites: “Could you turn me facing the other way?” “Could you take a few pounds off me?” “Could you make my wife look 25 years younger?” “Make me blonde.” “Please remove my sunglasses in this picture.”

As a semi-former illustrator I always stated up front on every job a clear delineation of what they could expect in the way of changes. Three changes to the sketch and two changes to the final. Anymore and they are billed accordingly. Showing them the work in stages is also a good way to head off changes after the fact.

The simple question, “Is there anything that you would like changed in these photos?” at the time of the photo approval goes a long way toward circumventing problems like these with a commissioned piece. Re: copyright and the commissioned painting: in the United States, copyright remains with the creator of the work unless specifically signed away. Unless the contract for the commission spells out a change in ownership of the copyright, the artist retains it. This is, however, different in other countries. The best protection for both the artist and the client, in both these situations, is a well-written contract signed by both parties.

What a funny letter, you cheered me up! I once did a commissioned portrait based on a photo of a man with a sailing hat drawn low up to his eyebrows. I painted him with that hat and got a feedback that they loved the piece except that “his forehead didn’t look quite right”. I am still puzzled with that one, I swear I painted that hat!

I loved your comments… you were RIGHT ON!

It is untrue that an artist who is commissioned to do a painting does not hold the copyrights: For 30 years, I’ve been a contracted artist to do “commissioned” artwork for architects. All of my work, even though commissioned and the architectural designs were provided, is exclusively mine, unless written otherwise. Question: If Someone Commissions Me to Do a Painting, Who Does Copyright Belong To? Answer: Unless you expressly sign over copyright to the person who’s commissioned the painting or it was done as work for hire, copyright remains yours. Owning the actual painting is not the same as owning copyright and reproduction rights in the painting. Question: Artist’s Copyright FAQ: What is Work for Hire? Answer: Under US law, if you are employed by a company as an artist, copyright in your work belongs to your employer, not you, unless you have signed an agreement to the contrary. This is because you are ‘working for hire’. If you are a freelance artist, the situation is reversed. Copyright remains yours, unless the company which commissions you gets you to sign over copyright or sign a ‘work for hire’ agreement.

I was in a plain air event in Ft. Myers, Florida and we were permitted to pick a spot within a certain area. I chose to paint a home there. About a day into it, the builder appeared and told me he’d come to the sale event to buy the painting, as a housewarming gift. That was over a month ago. Well, it seems the owners of the home had a huge awning installed; they gave him back the painting for the artist to add the awning as part of their “punch” list. I find this extremely rude and was taken aback. The purchaser is an extremely happy go lucky kinda a guy and I just agreed, like a jellyfish. The funny thing is, I most likely, would have left the awning off, as I find it awkward!

I am mystified by this artists reluctance to paint out the silly solar panel. It’s a commission. By that very definition, the client is the supreme boss. I’d have that sucker painted out in a heartbeat! If she wanted it back in, I’d put in and make it bigger if she wanted. If you are a car mechanic, you are going to run into rusty bolts and greasy hands! Doing commissions you are going to run into the clients whims sooner rather than later. The goal must be to satisfy the client and to get paid. One is dependent on the other! Run the race, get the cash and then on to the next! As you said, it’s acrylic so the touch ups are a breeze.

Thanks Robert! Have been getting your news letters for a long time and enjoy them and so many other artists say ‘did you read Robert Genn’s newsletter this week….” Great to be so appreciated.

I really enjoy reading your emails, but was especially taken with the slide show you attached of your “Ramparts” painting. Wow! You really made my day. Beautiful painting.

Personally I would’ve never of included that panel in the first place.. but your reply was good food for thought.

I would make a change which improves the painting (like in this case) for free. If they asked for a change that would damage the scene, I would convince them not to do it. Even though a commission, it’s your work that’s going out into the world. If they ask for an entirely different scene, I’d say it’s the artist’s responsibility to make an adequate agreement before starting work.

This week’s response to Hope Barton’s dilemma has opened up a question I thought might need clarification. We, of course, hold the copyright for our non-commissioned original paintings – and subsequent print editions if we decide to go down that route. Where on earth would we stand if a commissioned work is no longer under our personal copyright control? Can the commissioner of the piece then create prints of the work if they have paid for the original? I was under the impression that the artist still held the copyright over all copies or printed material. Can you clarify?

The totem pole is a totally stunning painting!! Thank you for sharing.

Is there some legal copyright difference between a fine art commission and doing an illustration for a client? Illustrators I know of would dispute your statement that the entire copyright goes to the commissioner. In the case of illustration, it can be negotiated. I’ve done magazine illustrations where they had first rights, then all rights reverted to me. Also, I sold an original in a show that had previously been in a magazine. From what I’ve seen, illustrators, at least in the USA, try to retain as many rights as they can when an illustration is commissioned. The rights aren’t gone unless you sign a contract giving the client full ownership. Even then, you might be able to retain derivative rights. Why would fine art commissions be any different? Many illustrators also give the client a limited number changes to be included in the original price, then charge extra for extra changes. Usually, such changes are done in the thumbnail or rough sketch stage, rather than in the completed stage of the artwork. That can also be done in the case of fine art commissions–it saves a lot of trouble.

Do it, and lean on her for another commission of the front side of the house! First time commissions can turn into life long patrons. I am on my third piece for a patron and she requested I clothe a nude figure because it was for her living room, and then requested a different nude for her bedroom. I will probably paint until I fill her home and perhaps to fill a bigger home in her future!

Satisfy the customer or don’t take the work. I’m in the midst of a commission and went through a a visit to their home to discuss placement, size, colors composition before doing anything. I produced a quick 8×10 color study based on the reference material and they had concrete material to relate to in terms of framing of the scene, tones and color. A second sketch and they’re happy campers. I told them they would get one chance half-way along to request adjustments to tone/color, and that’s it….no moving the mountain when I’m nearing completion. i think it’s an approach that works.

I am in agreement with you about Hope’s dilemma. I recently completed a commission showing my client at the helm of his newly constructed sail boat as it bounded out of Chessapeak Bay and into the foam tossed Atlantic (no photo here – which brings up another point; remember to photograph before crating). Due to space constraint, the painting was 12×36″ so the sail boat was only 9″ tall and my client was less than 1″ high. Even working with a 00 brush I couldn’t make him recognizable so I increased his size by 1%. When he got the painting he called and said “you made my boat too small. I explained my predicament and he was understanding but wanted it changed which I told him I would be happy to do for free if he would pay shipping and insurance. I know he would never be able to look at his painting and not see that “error” which would forever mar the painting (for him).

The way I see it (no pun intended) when a painting is commissioned the result should please the artist but ultimately it is the paying customer that should be happy. This customer could just as easily have walked away and said, “I don’t like it” and that would be that but they obviously liked the painting except for the solar panel part of it. Hope, without a doubt, I think you should correct the problem and have a satisfied customer who might come back in the future and even recommend others to you. Some years back as a gift I painted a portrait of my friend’s child who had a small birthmark on his cheek. I felt it was part of this child and he was quite a handsome boy so I included it in the portrait. It turned out the boy hated his birthmark and refused to let his mother hang up the portrait. If it had been mentioned to me, I would have gladly removed it from the painting but since it was a gift, nothing was mentioned and the painting was put away. Only now that he is a dad is that painting hanging in his house since his wife and children love it and the birthmark isn’t even an issue. I would certainly have preferred if something had been said at the time and rather have the painting on the wall all these years rather than have it put away. So the fact that this was mentioned to you is a gift and a lesson. You have a chance to correct the problem and you will have a happy customer with your art on their wall and a lesson was learned – before you begin next time ask lots of questions about what is expected.

My strangest experience with a commission involved a painting that presented problems from the beginning. It was a landscape commissioned by friends of one of my buyers. There were numerous changes that I made for them including the frame they decided they didn’t like after all. When they finally accepted the work and paid me, I breathed a sigh of relief. Almost a year later the same man called me. He told me that he and his girlfriend had never really BONDED with the painting and would like to trade it for another one! After I picked my jaw up off the ground I simply said that I was sorry, but it wouldn’t be possible. Golden, Colorado

The worst commissions are the sentimental ones like “the old barn we used to play in as a child.” You drive out, find the barn, do your best, and they don’t like it. Somehow it doesn’t come up to their memories of what went on in the hayloft.

Lose the panel, keep the client. A quick review on the history of commissions, portraits in particular, says please the client first.

Gosh, Robert, By now you probably know how I feel about photo-realism and painting from photos, or should I say painting photos. Why not suggest to a client who simply wants a “likeness” of an object to work solely with photography. Frankly the “collaged” photo from which the illustration was done is a better piece of art. It has some tension and interest in the slightly mismatched joints. And one could just paint out the solar panels if that is the condition. Is there no substance in separating art from outright illustration? (I do not include Rockwell here and others with equal mastery, true artists). You seem not to make the distinction in your letters.(Ottawa ON)

Boat commissions are the worst because you can bet your scuppers that they know more about the boat than you do.

I just wanted to say that I love seeing your process in the slide show on the painting featuring the totem poles! I also enjoyed reading your thoughts and considerations as you went thru it…thanks for sharing!! mlbaldwin2@msn.com

In the UK, as long as you are freelance, you own the copyright unless you actually sign it away. When I was young, I was commissioned to do a plein air pen and ink drawing of an historical building at a ridiculously low rate. Being pretty poor, I accepted. The day I did it – it was needed in a hurry – was physically extremely uncomfortable but I struggled through, completed it satisfactorily and they were pleased. Knowing that I really shouldn’t have, but feeling it morally justifiable, I politely mentioned that although we had indeed agreed on a particular amount, because it had been a bit of a nightmare, would they mind increasing the payment a little? They were absolutely furious, so I admitted defeat. I had agreed the amount after all. Later, I found they had a lot of prints made and were selling them, each one a lot more than I was given. That taught me a lesson.

Robert re. Esoterica copyright comment: are you saying perhaps that if the client supplies their own photo for the artist to work from, that the copyright then belongs to the client? This seems to be a gray area in that regard, because a copyright for a photo does belong to whoever took the photo.

Your painting of the totem is really beautiful. It is big enough to have some power but I don’t agree with taking off the phallus. Totem have important symbols and are empowered by them. By removing the phallus, you remove part of that power that was transmitted in the original sculpture. I don’t see the point anyway to remove a penis. All men have one and we all know that, don’t we?

This brings back to mind a commission I once did in England with practically the same guidelines. However, in my case I left out the offending security alarm box high on the front wall and, on completion was asked to put it in. No problem even with oils. As a portrait painter the hardest are commissions. You automatically know that nobody sees themselves as others do and I always explain this to clients. On one occasion a rather overweight woman asked me to reduce her 3 chins. To which I replied jokingly – ” that will cost extra”. But I was able to minimize the accent and focus on her beautiful eyes. She was happy. I have currently in my studio a painting of a woman done in the early 50’s which was painted from photos by an unknown artist. In the clients opinion the hairline is wrong and she asked me to alter it. I refused, A) It would be difficult to remove the varnish in order to paint over and B) I consider it unethical to paint over another artists work, whatever I or anyone else thinks of it.

Man, Robert, you got a lot of feedback on this one! I happen to be in the house portrait business for 30 years plus. What I learned a long time ago (after being asked to move a tree that was in pen and ink at that stage, and colored with colored pencils), is to follow Nu-Wool’s policy, that is, payment in thirds with a small deposit up front. I have stuck to that policy for nigh 25 years now and it works for me. $10.00 up front, $20.00 when they see the sketch, $20.00 when they see the pen and ink, and $20.00 at the final color. At any time they do not like the progress of the painting, we scrap at that point and go no further. Had one customer 3 years ago who didn’t “see” the house well in the sketch, and it took some convincing (fortunately I have Irish in me), but when she got the finished colored piece, she exclaimed “Oh, you made a plain house beautiful”. I had almost sworn off doing house portraits after her, but she was a librarian, subject to detail hyperfocus.