Commission terms
The agreement, in plain words
What you are buying, what we promise, and what stays with the artist. Short, and worth five minutes before you order.
1. What you are commissioning
You are commissioning a single original painting, made by hand in oil on canvas, based on the photograph and instructions you provide. It is not a reproduction of your photograph, and it will not be an identical copy of it — a painting interprets a photograph rather than copying it. What we commit to is the composition and the likeness you approved at the mock-up stage.
2. The approval stages
- Mock-up. Before any paint is mixed we send a digital mock-up of the composition. You may request unlimited changes at this stage at no cost.
- Progress photographs. Two photographs are sent during the painting.
- Finished photograph. You receive a photograph of the completed canvas in daylight and are entitled to one free round of adjustments.
Painting begins only after you approve the mock-up in writing (email is sufficient). Please reply to the mock-up within 14 days; beyond that we may need to re-schedule your slot.
3. Your photograph
By sending a photograph you confirm one of the following:
- You took the photograph yourself; or
- You have the photographer's written permission to have it painted; or
- The photograph is in the public domain, or you otherwise hold the necessary rights.
This matters because a painting made from a photograph is a derivative work of that photograph under copyright law, as confirmed by the US Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith (2023). A wedding print release usually permits printing, not painting — ask the photographer in writing. We will decline a commission, and refund any deposit, if we believe the rights are not clear.
4. Copyright and ownership
The finished physical painting is yours, permanently and without condition, once paid for in full. The copyright in the artwork itself — the right to reproduce and license the image — remains with the artist, unless you separately purchase a written transfer of copyright.
In practice this means:
- You may hang it, lend it, gift it, insure it, and resell the physical painting.
- You may photograph it for your own personal use and share those photographs on social media.
- You may not reproduce it commercially, print it for sale, license it, or register it as a trademark without a written licence.
If you would like the copyright transferred, or if your business needs to use the image commercially, ask before the commission starts — it is a straightforward addition to the price.
5. Portfolio use
We photograph finished work for our portfolio and social media, and may show the reference photograph alongside it. If you would prefer your commission kept private — common for memorial portraits — say so in writing at any time, and we will remove it. There is no charge for this.
6. Privacy of your photographs
Photographs you send are used only to produce your painting. They are stored securely, never shared with third parties, never used to train machine-learning models, and deleted within 90 days of your painting being delivered unless you ask us to keep them for a future commission.
7. Payment and scheduling
- Commissions up to $600 are paid in full when you approve the mock-up.
- Commissions above $600 may be split 50% on approval and 50% before dispatch.
- Your slot in the painting schedule begins when payment clears.
- Prices on this site are in US dollars and include shipping. Duty and import VAT are payable by you in your own country.
8. Changes, delays and cancellation
- Changes requested after the mock-up has been approved, and after painting has begun, may extend the delivery date and may attract an additional charge.
- If we are delayed for any reason, we will tell you as soon as we know, and give you a revised date.
- Cancellation is free before the mock-up is approved. After the mock-up is approved, third-party costs already incurred are deducted. After painting has begun, the deposit is retained.
- If we cannot complete a commission, you are refunded everything paid.
9. Repainting and refunds
If the finished painting does not match the composition you approved, we repaint it at our cost or refund it in full. Because a commission is made specifically for you, it cannot be returned for a change of mind once approved and dispatched. This exclusion for personalised goods is permitted under Article 16(c) of the EU Consumer Rights Directive and equivalent UK legislation, and is disclosed here and at checkout.
10. What we will not do
- Copy or reproduce an existing painting, print or design that is under copyright.
- Paint from a photograph whose rights are unclear.
- Pass off a printed or digitally rendered image as a hand-painted oil. Every painting we sell is painted with brushes and oil, and we will provide photographs proving it on request.
- Under-declare the value of a shipment for customs.
11. Disputes
Email us first. Nearly everything is resolved by a conversation and a repaint. If it cannot be, we will agree on a neutral process in writing rather than leaving the outcome to chance.
12. Contact
Questions about any of the above: [email protected].