Standard warranties from the artist should not exceed two years (see #18 of the PAN Best Practices) . Some of the technology you mentioned is fairly standard at this point and so the most important consideration is not being penny wise and pound foolish in the fabrication process (ie. money saved by cheaply manufacturing over seas can bite you later when it doesn’t work and replacement isn’t financially feasible and/or the fabricator has gone out of business). The lesson here is to work with reputable fabricators (or insist that your artists work with reputable fabricators), and pay attention to the warranties provided by those fabricators for the integrated technology.

When dealing with highly changeable or cutting edge technology, two years might even be pushing it. I always recommend that programs think very carefully about reasonable expectations before approving and paying for projects that integrate the newest technology. While it is great to be on the cutting edge, it is very important to understand the full implications (and costs) of taking this sort of risk from the stand point of maintaining artwork in presentable condition for any length of time. If you want to live on this edge, recognize that this should be a shared risk and the burden cannot fairly be placed entirely on the artist to ensure the technology.

If you do go forward with a project that integrates any technological components, be sure that the maintenance manual specifically calls out all of the information that will be needed going forward to maintain and update this technology for as long as the work is anticipated to last. Also, remind artists that any underlying warranties must be transferable and passed through to the eventual owner of the artwork.

Finally, consider changing the expectations for the durability and expected life span for works that are tech-based. Obviously a work that consists of new technology cannot be expected to last as long as something made of concrete or bronze!

Sarah Conley Odenkirk

ArtConverge

6253 Hollywood Blvd., Suite 201

We don't ask artists to provide warranties for tech-based work that exceeds manufacturers' warranties on the parts they used. It's just not fair to them.

Julia Muney Moore

Director of Public Art

Arts Council of Indianapolis

jmoore@indyarts.org

924 N. Pennsylvania St.

Indianapolis, IN 46204

(317) 631-3301 x 240

(317) 332-8382 mobile

www.IndyArts.org

On Thu, Jun 20, 2019 at 2:39 PM Gettman, Curt <Curt.Gettman@austintexas.gov> wrote:

Greetings Listserv-

It was great seeing many of you in Minneapolis last week! A few quick questions from Austin Art in Public Places about warranties:

In your artist agreements, do you address warranties on artworks that include technology (such as sound, light, digital media) differently than artworks in other media (stone, metal, murals) and, if so, how?

What about artwork that includes new, non-standard and/or proprietary materials that may be affected by technology changes, or bring unexpected results such as color fading, or updated standards?

For what length of time do you ask artists to warranty their work once it is complete? Do you vary the length of time based on your sense of perceived risk?

Example language and general “lessons learned” advice will be much appreciated!

Thanks-

Curt Gettman

Austin Art in Public Places

Curt Gettman | Sr. Project Manager

Art in Public Places | Cultural Arts Division

City of Austin Economic Development Department

5202 East Ben White Boulevard, Suite 400 | Austin, TX 78741

Direct: (512) 974-9310 | Main: (512) 974-7700

austincreates.com / facebook.com/CityofAustinArts

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