Legal Essentials for Selling Art Online: Contracts and Policies
So, you’ve decided to sell your art online—awesome! Whether you’re a full-time creative or just dipping your brush into the business side of things, selling art on the internet opens up a world of opportunity. But before you start shipping prints or commissioning portraits, there’s one thing you really shouldn’t overlook: the legal stuff.
Yeah, we know—contracts and policies aren’t as fun as painting or designing. But getting the legal side of your art business in order is just as important as having a killer portfolio. It helps protect your work, sets clear expectations, and ensures you’re not flying blind when something goes wrong.
Here’s a breakdown of the key legal essentials every artist should have in place when selling art online.
1. Terms and Conditions (T&Cs)
Think of your Terms and Conditions as the rules of your online art shop. This is where you lay out the how of doing business with you.
Your T&Cs should include:
- Payment terms (accepted methods, when payment is due)
- Shipping details (how long it takes, who pays for it)
- Return/refund policy
- Use of artwork (especially important if you’re selling digital art)
- Intellectual property (that your art is original and copyrighted)
Tip: Post your T&Cs somewhere visible on your site (footer is great) and have buyers agree to them at checkout.
2. Privacy Policy (It’s not optional!)
If you’re collecting any personal information—names, email addresses, shipping info—you’re legally required to have a Privacy Policy. This is especially true if you’re selling to customers in regions like the EU (hello, GDPR!) or California (hi, CCPA!).
Your privacy policy should explain:
- What data you collect
- Why you collect it
- How you use it
- How you protect it
- Whether you share it with third parties
Good news: You don’t need to write this from scratch. There are free privacy policy generators online that you can customize for your art shop.
3. Commission Agreements
Do you create custom work or take commissions? Then you definitely need a commission contract.
A solid agreement covers:
- Scope of the project (what exactly are you making?)
- Timeline and milestones
- Payment terms (including deposits and final payments)
- Number of revisions included
- What happens if someone backs out
- Ownership of the final artwork
This protects both you and your client, and avoids those dreaded “but I thought you meant…” moments.
4. Copyright and Licensing
Your art is your intellectual property. But when you sell a piece (especially online), make sure it’s crystal clear what the buyer is—and isn’t—getting.
Some examples:
- Original artwork: Buyer owns the physical piece, but you still own the copyright unless you explicitly transfer it.
- Prints: Same as above—buyer owns a copy, not the rights to reproduce it.
- Digital downloads: Define whether it’s for personal use only or includes a commercial license.
Don’t be afraid to put this in writing on your product pages or T&Cs.
5. Return and Refund Policy
A clear return policy isn’t just good business—it’s legally required in many places.
Answer these questions in your policy:
- Do you accept returns? If so, under what conditions?
- What’s the time window?
- Who pays for return shipping?
- Are digital downloads or commissions refundable? (Often, they’re not.)
Pro tip: Make it visible on your site and reiterate it during checkout.
6. Disclaimers and Limitation of Liability
This sounds heavy, but it’s really just a legal way of saying: “Hey, I’m not responsible for things out of my control.”
Example: If your package is delayed because of a postal service issue, you shouldn’t be held responsible for missed birthdays. Including a disclaimer and limitation of liability clause in your T&Cs helps limit your exposure to legal claims.
Final Thoughts
Selling your art online is exciting, but it’s also a business. And like any business, you need a few legal guardrails to protect yourself and your work.
You don’t need a lawyer on retainer, but investing a bit of time (and maybe a small budget) to get your contracts and policies right can save you a lot of headaches down the road.
Remember: clarity = trust. When your buyers know what to expect, they’re more likely to feel confident hitting that “buy” button—and that’s good for everyone.
TL;DR: Your Legal Checklist
✅ Terms and Conditions
✅ Privacy Policy
✅ Commission Agreement
✅ Copyright & Licensing Info
✅ Return/Refund Policy
✅ Disclaimers
If you’re not sure where to start, consider using templates from legal platforms like Bonsai, ArtLaw, or Termly. You can also reach out to a small business attorney for a quick consult—it’s often more affordable than you think.