Hi Josh and All,

Our public art contracts indicate that all drawings, designs, and models of original artwork prepared under the agreement belong to the artist. We have a line specifying that we may select and the artist will provide one of the original drawings if indicated as part of the scope of work and that we will then use it solely for exhibition. Our contract also has wording that, at our request, the artist will loan us any of the drawings, designs, or models associated with the project for use in display exhibits for “reasonable time periods to be mutually agreed upon.”                

Our contract also specifies that the artist assigns us “an irrevocable license to reproduce the original artwork in any manner whatsoever for the purposes of promotion, publicity, education, or exhibition.”

I hope that helps.

Ronda

Ronda Billerbeck, Cultural Programs Manager

Cultural Programs | Parks, Recreation & Community Services

220 Fourth Avenue South, Kent, WA 98032

Direct Line 253-856-5055 | Fax 253-856-6050
rbillerbeck@KentWA.gov

CITY OF KENT, WASHINGTON

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From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Heim, Joshua
Sent: Thursday, January 31, 2019 10:50 AM
To: public_art_network@americansforthearts.simplelists.com
Subject: Who owns the design documents for publicly commissioned artwork?

EXTERNAL EMAIL

Hello Friends,

I am in the contracting process with an artist for the design phase of a new publicly commissioned artwork.

The artist insists that they should have all rights and ownership over the design including all design documents and has requested that the City “license” their design.

Our City attorneys are rightly asking:

• Is this is common practice?
• Is it best practice for cities to relinquish all rights to design documents?
• Have you dealt with artist who “license” their work, and if so, how?
• And if your state requires open public records as Washington State does, how are you satisfying public records requirements?

I appreciate your collective wisdom on this one.

Best wishes,

Joshua Heim

Arts Program Manager

Department of Planning & Community Development

City of Bellevue

E-mail: jheim@bellevuewa.gov

Phone: 425.452.4105

FAX: 425.452.5247

Physical Address:

450 110^th Avenue, NE

Bellevue, WA  98004

Mailing Address:

PO Box 90012

Bellevue, WA  98009-9012

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