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If you create a commissioned portrait—as a photographer, sculptor, or artist—special rules apply. The person portrayed has independent rights to the commissioned portrait, meaning you may not simply publish it or use it for your portfolio. Good general terms and conditions are therefore indispensable.
What is a commissioned portrait?
A commissioned portrait is an image of a person created at their request (or that of someone in their circle). This can be a photograph, but also a painted or sculpted portrait. Specific provisions under the Copyright Act apply to such portraits.
The rights of the person portrayed
In the case of a commissioned portrait, the person portrayed holds strong rights. For instance, in principle, they may make (or have made) copies for their own use, and you, as the creator, may not make the portrait public without their permission. This means that you may not simply display a commissioned portrait in your portfolio, on your website, or in advertising.
That is why general terms and conditions are important
If you wish to use a commissioned portrait—for example, as a reference or for promotion—you must agree on this. In your general terms and conditions (and possibly a separate consent or quitclaim), you specify whether and how you may publish the portrait, and you regulate the copyright, delivery, and payment.
Avoid discussion beforehand
Without clear agreements, you run the risk of not being allowed to show your own work, or of the client imposing unexpected restrictions. Therefore, arrange the usage in advance and in writing, so that both you and the client know where you stand.
Frequently Asked Questions
May I include a commissioned portrait in my portfolio?
Not without the permission of the person portrayed. For commissioned portraits, you may not simply make the work public; arrange this in advance.
Who is allowed to copy a commissioned portrait?
In principle, the person portrayed may make (or have made) copies for personal use. Your possibilities for use, however, are limited.
How do I arrange the use of the portrait?
With good general terms and conditions and a consent or quitclaim in which you specify the use, duration, and purposes.
Are your terms and conditions for portrait work in order?
Our legal experts draft general terms and conditions and a portrait rights quitclaim . View our copyrightteam or schedule a free consultation.
