Generally, to be legally valid, most contracts must contain two elements: All parties must agree about an offer made by one party and accepted by the other. Something of value must be exchanged for something else of value.
Contracts like an artist agreement help avoid miscommunications and confusion over the rights and responsibilities of both parties involved. Artist agreements typically include availability expectations, performance markers, and licensing or ownership rights of the works created during the partnership.
It is a legal agreement that binds the Artist and the Company to fulfill all the terms and conditions contained in it. All Individual Artist Agreements must be in compliance with the respective Collective Bargaining Agreement.
It's important to come to an agreement and make it legally binding in writing. Using a contractual agreement is a good way to protect yourself as an artist. You must be SPECIFIC and have a clear understanding of what your client is expecting and what you are planning on creating.
A contract is mandatory for any commission. Write down every detail in the contract, such as the size and media of the artwork, your compensation, due dates for payments, who is responsible for framing, installation, delivery of the artwork, etc. If your client balks at signing a contract, WALK AWAY.
So yes, the person who owns a physical piece of art may sell it without owning the copyright, and without any permission from the copyright owner, unless it has never before been sold or transfer4ed with the owner's permission (which would be unusual). But that first sale normally requires permission.