Artist Commission Contract Template for Germany

The Artist Commission Contract (Künstlerwerksvertrag) is essential for any entity or individual commissioning original artwork in Germany. This document is specifically designed to comply with German legal requirements, including the German Civil Code (BGB), Copyright Act (Urheberrechtsgesetz), and Artists' Social Security Act. It's particularly relevant when commissioning paintings, sculptures, installations, or other artistic works where clear specifications, timelines, and deliverables need to be established. The contract covers crucial elements such as artwork specifications, payment terms, intellectual property rights, approval processes, and delivery requirements. It's designed to protect both the commissioner's interests in receiving the desired artwork and the artist's creative and economic rights, while ensuring compliance with German statutory requirements for artistic commissions.

1. Parties: Identification of the Commissioner and the Artist, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the commission, including the Commissioner's desire to engage the Artist and the Artist's confirmation of capability to create the work

3. Definitions: Key terms used throughout the agreement, including 'Artwork', 'Completion Date', 'Materials', 'Preliminary Sketches', etc.

4. Scope of Work: Detailed description of the commissioned artwork, including medium, size, style, and any specific requirements

5. Artist's Obligations: Artist's commitments regarding creation, timeline, quality, and communication during the process

6. Commissioner's Obligations: Commissioner's commitments regarding access, information, materials (if any), and cooperation

7. Timeline and Delivery: Specific deadlines, milestones, approval processes, and delivery requirements

8. Payment Terms: Fee structure, payment schedule, expenses, and tax considerations in accordance with German tax law

9. Intellectual Property Rights: Copyright provisions, licensing terms, and moral rights in accordance with German copyright law

10. Approval and Acceptance: Process for reviewing, requesting modifications, and accepting the final artwork

11. Warranties and Representations: Artist's guarantees regarding originality, non-infringement, and quality of work

12. Termination: Circumstances and processes for ending the agreement, including compensation and ownership of incomplete work

13. General Provisions: Standard legal clauses including governing law, jurisdiction, entire agreement, and amendments