This past March, artist Patrick Dougherty created and installed one of his well-known “stickwork” sculptures at the Morris Arboretum, which is the official arboretum of the commonwealth of Pennsylvania, located just outside of Center City Philadelphia. Dougherty’s intricate stickwork sculptures are temporary installations, which last approximately one to two years. Dougherty’s work is a perfect example of an ephemeral work that was (presumably) created and based on a commission agreement. Commissioned artwork, whether for a private or public entity, raises unique legal issues that should be addressed in a written commission agreement.
With resect to private commissions, there are a variety of terms a commission agreement should address. Some of these terms include, but are not limited to: location of the artwork; materials to be used; deadline for the work to be completed; size of the work; insurance, shipping and fabrication costs; and warranties. One issue that often arises in private commissions is the final acceptance of the work by the purchaser. Typically, a private commission agreement will include language that the commissioning party must be satisfied with the work that is created. In this situation, it matters not whether the commissioning party’s dissatisfaction is reasonable.
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