Thank you Sarah,

This is a terrific document to share with our public art programs and Arts Commissioners as well as our City Managers, City Attorney staff and Procurement officers.

Onward!

Helen Lessick
HelenLessick.net

On Thu, 31 Jan 2019 at 16:07, Sarah Conley Odenkirk <sarah@artconverge.com> wrote:
Susan and PAN Colleagues,

Attached please find a White Paper I recently completed addressing Copyright Ownership for Public Art.
Hopefully it will provide you with a helpful perspective on this issue as well as some contract language to consider.

Best,
Sarah

Sarah Conley Odenkirk, Esq.
6253 Hollywood Blvd., Suite 201
Los Angeles, CA 90028
Office:  323.499.1144 
Cell:  310.990.9581

 
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On January 31, 2019 at 1:02:42 PM, Lambe, Susan (susan.lambe@austintexas.gov) wrote:

Austin Art in Public Places commission contracts state that, as part of the commission close-out, the artist will deliver all drawings, renderings, maquettes, sketches, models, and any other documents and materials created by the Artist in furtherance of the Artwork. Note to public art administrators - this means extra work and storage facilities to accession these work items into the archive.

 

Creative Commons License: Austin Art in Public Places is working with artist team New American Public Art (NAPA) to create a fully open-sourced permanent public artwork, the first such work in the Art in Public Places collection. NAPA believes public art should be public from conception to completion, thus creating a resource for innovation and the creative economy. In collaboration with AIPP, all of the concepts, designs, contracts and methods used to create the work will be made available to the public under a non-commercial creative commons license (CC BY-SA-NC 4.0). The artwork will be in place later this year.

 

 

Susan Lambe, PLA, CNU-A

Art In Public Places Program Manager

512.974.7852

Mailing address: Cultural Arts Division Office P.O. Box 1088, Austin, TX 78767

austincreates.com :: facebook.com/AustinAIPP ::  resources for artists! 

 

 

         

 

  

 

From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Julia Muney Moore
Sent: Thursday, January 31, 2019 1:27 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Re: Who owns the design documents for publicly commissioned artwork?

 

Our agreements recognize that the artist owns the design and its copyright but licenses rights of use and reproduction for non-commercial purposes to the commissioning group. This allows the commissioning group to make copies for archival and promotional use.  The commissioning group has the right to request physical possession of any original, one-of-a-kind materials related to the design (like maquettes, etc.--"work product") for archival purposes. Finally, the agreement specifies that the work will not be duplicated by the artist--that it must remain one-of-a-kind, unless it's a purchase of a cast from an edition, in which case that is specified in the agreement.

 

I've had discussions with artists about who owns the molds for any cast work.  They are considered work product, but since they can be re-used, in agreements where the artwork is going to be cast there have to be specific instructions about the molds.  Typically the artist keeps them but agrees not to reuse them to create a duplicate of the artwork.  Sometimes the commissioning group will request them in case replacement parts need to be cast.  It really depends on the nature of the work.

 

Hope this helps.


Julia Muney Moore

Director of Public Art

Arts Council of Indianapolis

 

924 N. Pennsylvania St.

Indianapolis, IN  46204

(317) 631-3301 x 240

(317) 332-8382 mobile

 

 

 

On Thu, Jan 31, 2019 at 2:06 PM Stacia Goodman <stacia@staciagoodman.com> wrote:

Hi all,

 

I’m a mosaic artist who create often-large public art pieces.  I just finished working with an attorney on my contractual requirements. He’s the “ownership” gist, which I believe results in fairness for all:

 

• I retain ownership rights of all designs (selected and unselected), but my client can use imagery of the selected design for any nonsaleable activities — as long as my name appears in association with the work.

 

• The client CANNOT use my designs for anything other than the intended purpose. (Recently — and before my contract was in place — a client used the design of my commissioned artwork to “theme” its new corporate building’s exterior. I can send photos to anyone who would like to see.)

 

• Re — public records: I’m currently working with a state university, and I have to provide them a final report that includes: early sketches, cost documentation, timeline, progress photos, professional finished photos (my expenses), installation narrative, public art statement, etc.

 

• I have not dealt with licensing yet.

 

I hope this is helpful, and thanks for asking this informed community!

Stacia

 


612.718.7946
stacia@staciagoodman.com 

Website:  StaciaGoodmanMosaics 
Facebook:  StaciaGoodmanMosaics 
Instagram:  StaciaGoodmanMosaics
LinkedIn:  Stacia Goodman



On Jan 31, 2019, at 12:50 PM, Heim, Joshua <JHeim@bellevuewa.gov> wrote:

 

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

 

Phone: 425.452.4105

FAX: 425.452.5247

 

<image001.png>

 

Physical Address:

450 110th Avenue, NE

Bellevue, WA  98004

 

Mailing Address:

PO Box 90012

Bellevue, WA  98009-9012

 

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