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Yes, there is a lot to read and Yes you should read it. Copy it, paste it and edit it to suit your needs as a commissioner or commissioned artist. Protect yourself by drafting a contract and understanding it.</a>

It has come to my attention that many deviants commission their work and hold proceedings entirely over deviantArt. In the case that your client/commissioned artist begins to use and distribute your work illegally you will need to have a greater standing than simply a bunch of e-mail print outs if you are to go to court over the matter of misuse. Often the matter is over misunderstanding, which a contract will also help clarify for both parties.

I cannot stress how important it is when doing commissions to have physical signed copies of an Artist/Client Commission Agreement or at the very least a signed confirmation of engagement. It takes longer to organise, especially with overseas clients, but it protects the rights of both parties to the work and is worth the day or so in postage or few dollars in faxes should you be working with an overseas client/artist.

The following is an example of a Commissions Contract that may be used by both Artists and Commissioners to protect themselves from legal issues over image rights. I am writing this out free public use as I would prefer my fellow deviants to be as protected as possible during business proceedings.

Make sure you customise every contract to suit your commission!
-Under Miscellany I have used Australian law in a paragraph detailing copyright law, you will need to supply your own country or states legal copyright protection act/council/administration.
-The Payment section should also be customised to suit your whim, these are just example percentages.
-The Copyright Permissions and Releases section will need to specifically outline what YOU want the restrictions to be.




Form 1 Sample

Please fill all underlined spaces with requested or appropriate information in clear block print except for signature. Please be as concise and specific in descriptions as possible.

All information provided by both parties are private and confidential outside of legal proceedings and may not be shared or distributed.


AGREEMENT; CONFIRMATION OF ENGAGEMENT

Artist Name: ______________________________________________________
Address:     ______________________________________________________
Phone/Fax:   ______________________________________________________
E-mail:      ______________________________________________________

Client/Company Name:_______________________________________________
Address:     ______________________________________________________
Phone/Fax:   ______________________________________________________
E-mail:      ______________________________________________________
Job Invoice Number:________________________________________________



Preliminary Design

The Artist _________________ agrees to create the preliminary design(s) for the Work in the form of studies, sketches, or drawings described as follows:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________

in return for which the Client and Commissioner _______(name)_______ agrees to pay the fee of ____________ ($00.00) upon the signing of this agreement. This fee will be applied towards the total sale price and is non-refundable.

Revisions may be made only by the Artist in conjunction with Client instruction throughout the preliminary stage.


Date of Delivery

The Artist _____(name)______ agrees to create the preliminary design(s) for the Work within ____(time peiod)_____ of receiving the clients written agreement.


Copyright

All design materials and drafts are the property of the Artist ___(name)_____ and may not be reproduced. All rights to these preliminary drawings are retained by the Artist including any electronic rights to usage. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.

By signing this agreement the Artist and Client certify to have read and understood all conditions and responsibilities applicable to them as outlined in the agreement.


Artist: _____________________________________     Date: ____________

Client: _____________________________________     Date: ____________


End of Form 1

Form 2 Sample



Please fill all underlined spaces with requested or appropriate information in clear block print except for signature. Please be as concise and specific in descriptions as possible.

All information provided by both parties are private and confidential outside of legal proceedings and may not be shared or distributed.


COMMISSION AGREEMENT

Artist Name: ______________________________________________________
Address:     ______________________________________________________
Phone/Fax:   ______________________________________________________
E-mail:      ______________________________________________________

Client/Company Name:_______________________________________________
Address:     ______________________________________________________
Phone/Fax:   ______________________________________________________
E-mail:      ______________________________________________________
Job Invoice Number:________________________________________________



Commission Outline

The artist agrees to develop the preliminary design(s) according to the description of the Work as outlined in the engagement agreement and to the following additional specifications as outlined by the client:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________

Function(s):    ___________________________________________________
Materials:      ___________________________________________________
Dimensions:     ___________________________________________________
Price(*):       __________________________________________($000.00)


(*)This price is quoted from indication of workload from the client at initial engagement and includes prior agreed cost of preliminary work. Revisions may be made only by the Artist in conjunction with Client instruction at the preliminary stage.

Additional fees may be charged for revisions generating a new direction to the assignment or new conceptual input made after the preliminary period.


Payments

Upon the clients given written approval of the preliminary design, The Artist agrees to proceed with construction of the Work, and the client agrees to pay the price of ____________________ ($0000.00) USD for the Work as follows:
Fifty percent (50%) upon the giving of written approval of the preliminary design; and the balance upon completion of the Work. Sales tax is not included in this price.

Payment for finished work is due upon acceptance or must be paid within thirty (30) days of acceptance. The Client's right to use the work is conditioned upon receipt of payment within thirty days of acceptance, and upon Client's compliance with the terms of this agreement. A two percent (2%) monthly service charge will be billed against late payment.

In the case that the Client does not wish to continue with commission from the completion of preliminary stage: The Client is under no obligation to pay compensation to the Artist.

In the case that the Client has given payment and written instruction to the artist to proceed with the work and recalls commission before completion: The Client is entitled to a fifty percent (50%) refund of the post preliminary paid amount.

In the case that the Client wishes to cancel commission after the given completion date: A refund of twenty five percent (25%) of post preliminary payment may be awarded and all outlined client copyrights will be revoked.

In the case that the Client is unable to pay remaining fees: The final payment on completion buys the Client the rights of

use outlined in the Copyright section. If payment cannot be made the Client forfeits claim to these rights regardless of prior payments.


Date of Delivery

The Artist ____(name)______ agrees to complete the Work(s) within _____(0) days/weeks/months of receiving the clients written approval of the preliminary design(s).


Copyright Permissions and Releases

Personal Use:

Copyright of the Work is bestowed to the client for non-commercial use and reproduction. The Client and the Artist may not reproduce or publish the image without the written consent of the other party. The Client may not reproduce the image for profit (prints may not be sold) without the Artists consent and additional compensation to the Artist.

Original art remains part property of the Artist. The Client may have the image printed multiple times for personal use without the outlined commercial usage restrictions applying.

Commercial Use:

Upon payment for the Work the Client is granted permissions to distribute copies of the work under the conditions as

follows: The Work must be printed in conjunction with the Function as outlined in Commission section of contract and must contain logos and text in direct association with the Function product. Electronic usage is permitted where advertising the product. The permitted duration of commercial usage is equal to the duration of issue of the function product.

In signing this contract the Client agrees to pay an additional fifty percent (50%) of the total fee for failure to include a credit line within the publication. A credit line is required independent of Artist's signature, which shall be included at Artist's discretion. Client agrees to provide Artist with ____(0) sample copy (copies) of any printed material.

All rights not expressly granted above are retained by the Artist, including any unmentioned electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.

Only when the fee of ______(clients final payment amount)_________ ($000.00) has been paid to the Artist by the Client on completion of the Work is the Client entitled to the aforementioned rights granted.

The Client agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.

Miscellany

This Agreement shall be binding upon the parties and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties. Any dispute regarding this agreement shall be arbitrated in Australia under the rules of The Australian Copyright Act 1968 (as amended) and the laws of Queensland which shall have exclusive jurisdiction and venue.

By signing this agreement the artist and client certify to have read and understood all conditions and responsibilities applicable to them as outlined in the contract.

Artist: _____________________________________     Date: ____________

Client: _____________________________________     Date: ____________  

End Form 2


More information on drafting a contract

Disclaimer: The author of this news article is not a legal practitioner and the contract drafted above may exclude necessary legalities. It is highly recommended that Artists and Commissioners have someone with a legal standing review their contracts before utilising it as a legal document.

Deviation


It is in your best interest to attain physical copies with the signatures of all involved parties. Make duplicates to be signed multiple times.

I hope in some way this will prove useful to my fellow artists and help them feel a little safer.
Add a Comment:
 
:iconflutterbliss:
flutterbliss Featured By Owner Feb 12, 2014  Professional General Artist
Oh, wow. I was just looking for something like this. These are great and you are a dear for providing them. :D (Big Grin) 
Reply
:iconmarcial-arts:
marcial-arts Featured By Owner May 28, 2012   Digital Artist
It's always inspiring having people like you who are willing to share helpful things=)
Reply
:iconlaurazee:
Laurazee Featured By Owner May 28, 2012  Professional Traditional Artist
Good information. I do a lot of large-scale commissions and that's how I make a living. I've never had a problem yet (knock wood). I have a handful of guidelines that are communicated on my website in plain language.

(1) 25% down payment before commencing. Non-refundable.
(2) Copyright stays with ME, the artist. I talk about why on my website.
(3) I don't do mass prints but I'll do re-painted versions. I'll also do coffee cups, calendars, and magnets.
(4) I keep a running updated queue on my website.
(5) I don't ship anything unless it's been paid in full.

Then again, I make paintings and my market is in low volume original custom work. Perhaps there's more freedom and control in my case.

Copyright seems to be a weird sticking point in the contract you've outlined here and it's a little intimidating. I've never experienced a case where someone has purchased an original painting from me and then tried to reproduce it for profit in some way. I'd be interested in hearing about precedent here. How big a problem is this for painters and graphic artists?
Reply
:iconnightx3:
Nightx3 Featured By Owner Sep 19, 2013  Student Filmographer
Hey Laurazee, as a artist selling painting. If one day your painting that was sold to someone for say, $500. The buyer then resells it to someone else at $5000 or more, what would you do?
Reply
:iconlaurazee:
Laurazee Featured By Owner Sep 21, 2013  Professional Traditional Artist
I'd be damned grateful that I had that rise in profitability! :)
Reply
:icongogo-t-w:
GoGo-T-W Featured By Owner May 25, 2012   Traditional Artist
I've read a little from artists and graphic designers about when they got screwed over by a company (usually family or friends) because there was no physical contract.
Reply
:iconkittmouri:
KittMouri Featured By Owner Mar 15, 2012
Thank you so much for this!
Reply
:iconiron-hag:
iron-hag Featured By Owner Feb 15, 2012  Professional
Thank you, thank you, thank you! <3
Reply
:icondimoo:
DiMoo Featured By Owner Feb 14, 2012  Hobbyist Digital Artist
This is really useful!! But not for me...not yet.

I'd like to keep my real identity hidden. My godmother had an experience with identity theft. Someone used her information to get a loan from the government and now she's required to pay her bills monthly until the day she died. So I fear this thing will happen to me, too.


But this is the best way to have an agreement between an artist and a company or someone else that would use a commission for marketing purposes. Someday, when my art is worth $100+ (yeah,right), I'll use this :'DD
Reply
:iconambeeanimation:
AmbeeAnimation Featured By Owner Jan 2, 2012  Professional Filmographer
Thank you so much for posting this - this was just the kind of information I was looking for! :heart:
Reply
:iconsheliavp:
sheliavp Featured By Owner May 12, 2011  Hobbyist Writer
Thanks for posting this information. It will save help clarify things for me and the artist that does commissioned work from me.
Reply
:iconquantumspectre:
QuantumSpectre Featured By Owner Jan 29, 2010   General Artist
Hey! This is great! This document has inspired me to actually check out the US Copyright information for making a contract to use for myself.

If you are interested in knowing about it, you can check out the US Copyright Website for some information, and for more specific information about Commission work or Work for Hire, they have information on Works Made for Hire Under the 1976 Copyright Act which would be applicable to people currently contracting in the states.

I hope these links help and provide info to someone out there.
Reply
:iconchibirenachan:
chibirenachan Featured By Owner Jul 26, 2009  Student Digital Artist
This is fantastic! Thank you very much for creating this. :)

I do have two questions, though... I'm starting commissions and I think I might get more commissions for sketches than anything else. Would it still be a good idea to use a contract, even if it might be a small job?
And would it probably not be a good idea to use a contract with fanart commissions? (because of copyrights and such)
Thanks! :D
Reply
:iconpogopuggie:
pogopuggie Featured By Owner Oct 4, 2009  Hobbyist Traditional Artist
I should really check here more often, I'm so sorry for the late response.

With small jobs they aren't necessary although I highly recommend getting at least a 40% deposit before you start.

If you do major work with fan art then yes. Be sure to specify that you are in no way responsible and so can't be held accountable for misuse of the likeness to existing characters. Just make it known that the agreement is that you provide art for personal use and that's where your involvement ends.

:)
Reply
:iconkeropanda:
keropanda Featured By Owner Jun 18, 2009  Hobbyist Artisan Crafter
This was really informative.

2 Questions:
1. The link for "More information on drafting a contract" does not work. Are there any other places I could go to gain information on how to draft one.

2. This is slightly on the 1st question. I don't think my prices are to high that I can't ask for advance payment. Do you think I could/should combine both contracts into one?
Reply
:iconpogopuggie:
pogopuggie Featured By Owner Jun 19, 2009  Hobbyist Traditional Artist
Thank you for bringing that to attention, the site have renovated and the URL is now http://www.graphicartistsguild.org/resources/contract-monitor/

Definitely ask for a commencement payment before you start work. In the Form 1 Sample there is a section that reads
"in return for which the Client and Commissioner _______(name)_______ agrees to pay the fee of ____________ ($00.00) upon the signing of this agreement. This fee will be applied towards the total sale price and is non-refundable."
which outlines to the client that you must receive their deposit amount before you start work for them. If you don't plan on doing preliminary work for them and they agree for you to work without their input just use the second sample alone with the first section reading
"The artist agrees to develop the artwork or design(s) according to the description of the Work as outlined below:"
instead of the first line, and remove the (*) and (*) text.
It may be wise to also include
"By signing this contract the client agrees to pay in full for the result of the project(s) and acknowledges having chosen not to be a part in or review any preliminary design(s) leaving all creative direction to the artist's discretion."
I'm also going to suggest that at that juncture you have another line with
"I ____(client)____ understand and agree to the above declaration."
or something along those lines just to make sure your client actually does read it and understand.

I hope this helps :)
Reply
:iconkeropanda:
keropanda Featured By Owner Jun 21, 2009  Hobbyist Artisan Crafter
Thanks! This helps a lot! :D
Reply
:iconpogopuggie:
pogopuggie Featured By Owner Jun 21, 2009  Hobbyist Traditional Artist
You are very welcome :heart:
Reply
:iconkeropanda:
keropanda Featured By Owner Jul 1, 2009  Hobbyist Artisan Crafter
:)
Reply
:iconbladnoched:
Bladnoched Featured By Owner Apr 25, 2009
Thank you for such a detailed guide concerning commissions, its helped no end! :)
While my question isnt quite on the same subject, it does involve commissions. Do you know of a news article that could direct people to where they could get pieces of art printed from other places that DA? Ive been trawling through the articles but I cant find any. Do you have any you know of? Or even a company you know?
Reply
:iconpogopuggie:
pogopuggie Featured By Owner Apr 25, 2009  Hobbyist Traditional Artist
I don't quite understand what you need so I'll just interpret it both ways and give you two answers :lol:

If you're looking to get prints from an artist who doesn't offer dA prints:
I do recommend noting or e-mailing the artist to arrange a direct transaction. Some artists here even have their own preferred print and shipping resource. If they quote a high-end price it may be because they have a pricey printer and need to recover costs so ask them if they could investigate printing services from their closest visual art or multimedia course supporting university or collage. Institutes usually deliver exceptional quality at amazingly competitive rates and are usually overlooked just because it doesn't occur to most people. The artist may also be quite grateful after the suggestion ;p

If you are looking to print and distribute your own art: First, ask your local copy-shop. Less commercial areas are more likely to produce a reasonable printing service. Going in to a city to get things printed just because they have a website could mean anything around 10 dollars or more additional per sheet so it is definitely a good idea to look in the local business listings or just keep an eye out in local areas. Shipping is then up to you and your PO.

Alternatively, if you type in a google search on "sell art prints" these are the first few options that came up for me I might even investigate for myself (I've never used one or know anyone who has so it's going purely on what the sites claim to offer.
[link] Yessy.com
[link] Imagekind.com
[link] Redbubble.com
Reply
:iconbladnoched:
Bladnoched Featured By Owner Apr 26, 2009
It was the second answer I needed, and its very much appreciated! :D At least Ive got somewhere to start now, because I was totally lost beforehand. Thanks again! :)
Reply
:iconpogopuggie:
pogopuggie Featured By Owner May 2, 2009  Hobbyist Traditional Artist
I've just seen another artist use an outside print source and immediately thought of your inquiry. The link to their preferred print and distributor is [link] Zazzle.com
Reply
:iconbladnoched:
Bladnoched Featured By Owner May 3, 2009
Ooh, this looks like a good website, and its free to use too which is a major thumbs up. Ill definitely be bookmarking this thing, thank you for the link! :hug:
Reply
:iconlonehana:
LoneHana Featured By Owner Mar 20, 2009
Thank you for putting this together! This will be really useful for future commissions~

This is a random question but I have no idea where to find the information and don't really have anyone I can ask about it but you seem like you know what you're doing.
My question is about commissions that are for commercial purposes. I'm not sure how much to charge for them. Can you help me out?
Reply
:iconpogopuggie:
pogopuggie Featured By Owner Apr 4, 2009  Hobbyist Traditional Artist
Commission pricing isn't something an artist can really set in stone and quite often will vary from work to work. Some things to consider when pricing are:

*The materials - material compensation, what you make your work with and how much it will cost you. If your client wants prints that you have to provide you may want to include printing and postage costs for example.

*The method and time you will put in to a work- will you charge by hour or by piece? Many artists price by style or type like 'simple pencil sketch - figure' 'finished oil high detail' etc. These things obviously take a very different set of materials methods and time and it's nice to have an estimated cost for clients to see on your range of standard work, it would be good to note that the price may vary with further specifications. If someone requests a 'simple pencil sketch -figure' with a background for example, the price would go up because there's more work involved.

*Your artistic experience - many artist will back up the concept that although the work may have taken you a half hour you've been training in art your whole life and it's reasonable to add something for the product your level of skill will provide.

*The copyright - In Australia if you plan to keep the copyright of your work you don't include a cost, but make sure your buyer understands you retain the rights to it. If you don't have interest in reproduction rights and feel you can outright sell the work to them you charge a fee for that copyright. The American copyright law varies and if you do a commissioned work for someone you don't have the option of setting copyright preferences because it comes under a legislation of "Work Made for Hire" and the client owns them outright regardless from the day you receive full payment so you will always include a copyright transfer charge. (or so I believe, I recommend researching the area if you are American)

If you check this out [link] it may give you some idea of information structure. The artist has put together a list of work types she is available for and specified media, size, and noted that prices listed aren't quotes but a guide- that is important.

I hope that helps :)
Reply
:iconlonehana:
LoneHana Featured By Owner Apr 5, 2009
Thank you very much for such a detailed reply. I understand it a lot better now :)
I'm from NZ so do I just go with the NZ copyright laws no matter where the client is from?
Reply
:iconpogopuggie:
pogopuggie Featured By Owner Apr 14, 2009  Hobbyist Traditional Artist
If they sign a contract stating they accept your conditions that state NZ law then that is what they're legally bound to, even if they live on Mars. :alien:
Reply
:iconlonehana:
LoneHana Featured By Owner Apr 15, 2009
Lol Mars XD
Ok I understand~ Thank you for answering my questions! :heart: :heart: :heart:
Reply
:iconthedarkcloak:
thedarkcloak Featured By Owner Mar 20, 2009  Professional General Artist
This is a great resource. Thanks!
Reply
:icontiamiarioux:
Tiamiarioux Featured By Owner Mar 13, 2009
Do I put the information in the description of the drawing or art I make?
Reply
:iconpogopuggie:
pogopuggie Featured By Owner Mar 18, 2009  Hobbyist Traditional Artist
You should get your client to fill in the description after you've discussed it. It helps to make sure you both have a clear idea of what is planned before you start anything and the agreed description will match the product. You can always make changes to a contract by re-writing an item on that contract and having both parties review and sign the revision. If your client sends you an e-mail with a description you could print it and make it a part of the contract as an appendix item if it's easier that way, but I'd recommend getting an authentication signature.
Reply
:icongarycs:
garycs Featured By Owner Feb 21, 2009  Hobbyist Filmographer
Thank you!
Reply
:iconbluefalkon:
BlueFalkon Featured By Owner Feb 20, 2009  Professional Interface Designer
Very good idea, thank you for this.
Reply
:icondaxgk:
daxgk Featured By Owner Feb 19, 2009
Good info, thanks. Is there anywhere that might have more information on this?
Any sites or anything? I'd like to read up more about this subject.

Thanks
Reply
:iconpogopuggie:
pogopuggie Featured By Owner Feb 22, 2009  Hobbyist Traditional Artist
[link] is the link at the bottom of the article where you can find a nice outline.
This book has been recommended by ~Aokineko and *bigbigtruck has mentioned AIGA.org as a source of contract templates.
Reply
:iconchruser:
chruser Featured By Owner Feb 18, 2009
Too bad it was all in vain: [link]
Reply
:iconunder18carbon:
under18carbon Featured By Owner Feb 17, 2009
Incredibly helpful - thanks!
Reply
:iconsweetyuya:
SweetYuya Featured By Owner Feb 17, 2009
This is certainly an excellent idea and very well prepared. I commission a good many artists myself but I think I would only use something like this if it was a particularly expensive commission. A lot of my artists are overseas, so as you said, it would be very time consuming.

I've also not had any problems with my past artists myself, but then I think this is geared more towards protecting them rather than the commissioner. My problems so far have just been from other people stealing the art.

Either way, it's an excellent idea in theory and most likely in practice for high dollar commission work. I applaud you for the idea, research and time put into this article.
Reply
:iconthiefling:
Thiefling Featured By Owner Feb 17, 2009  Hobbyist Digital Artist
As good as it would be to have one of these, I doubt I would take the time to do it unless the commission is over one-hundred dollars. =|
Reply
:iconshell4art:
shell4art Featured By Owner Feb 17, 2009  Professional Photographer
I have commissioned a great deal on dA without the use of contracts/agreements. I use the commissions for a personal benefit and they would fall under the category of "Work for Hire" in US copyright law.

I think this is a beneficial and well crafted newsletter!
Reply
:iconelegantlyeccentric:
ElegantlyEccentric Featured By Owner Feb 17, 2009  Professional Artisan Crafter
I thankfully have had it a bit easier than most, not having to worry about copyright issues with commissions I've taken in the past (exciting things like knife pleating skirts and making Halloween costumes). That said, this is brilliant, and the rest will be a big help. Thank you for taking the time to type it all up and share it with the rest of us!
Reply
:iconcataclysm-x:
Cataclysm-X Featured By Owner Feb 17, 2009  Professional Traditional Artist
Thank you so incredibly much for sharing this, wow!
Reply
:icontsabo6:
Tsabo6 Featured By Owner Feb 17, 2009  Professional Digital Artist
Thanks!
Reply
:iconhubby-n-dad:
Hubby-N-Dad Featured By Owner Feb 17, 2009
As someone who has commissioned a lot of art, I think this is an outstanding reference for both parties involved. Kudos.
Reply
:iconbigbigtruck:
bigbigtruck Featured By Owner Feb 17, 2009  Professional General Artist
Excellent post! I use a similar short form for personal commissions (well, ones over $50) and a longer, more detailed form for corporate work.

Contract templates can also be found on AIGA.org or in the book Legal Guides For The Visual Artist. (Which I see AokiNeko has already recommended.)
The Graphic Artists' Guild handbook may also have some useful advice, but it's rather expensive, so I haven't picked up a new edition.
Reply
:iconjade-rose-art:
jade-rose-art Featured By Owner Feb 17, 2009  Professional Digital Artist
Really helpful! Should come in handy soon :) Thanks!
Reply
:iconlouly:
louly Featured By Owner Feb 17, 2009
Really helpful, thanks.
Reply
:iconxerces:
Xerces Featured By Owner Feb 17, 2009  Professional Artisan Crafter
great info
Reply
:iconohthehumanityplz:
Ohthehumanityplz Featured By Owner Feb 17, 2009  Hobbyist General Artist
Now, if only I could find people would buy artwork off of me on this site!

Is there any procedure to how to actually get work to be commissioned or do I have to play the waiting game of people asking me to do commissions?
Reply
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