This point is a very important one to pay attention to!  A determination that artwork integrated into a building becomes the facade or otherwise inseparable from the architectural elements could potentially undermine artists’ abilities to claim copyright protection for the work.  This is an argument being made by Mercedes in the group of mural cases for which they have filed declaratory judgment actions.  It is imperative that independently created artwork, even if affixed to a building, be considered a separate work from the building itself.  If infringers are able to successfully argue that the copyright law’s building exceptions applies to artwork affixed to the building, all artwork integrated into architectural environments risks losing copyright protection.  There are some interesting and meaty issues here that bear further consideration, but given your current situation, the seems that what is most imperative is that the City Council and the Historic Commission become more educated about these issues . . . and quickly!  Please let me know if more information on these points would be helpful in your presentations—happy to speak with you further.

Best,
Sarah 

Sarah Conley Odenkirk
ArtConverge
6253 Hollywood Blvd., Suite 201
Los Angeles, CA 90028
Office:  323.499.1144 
Cell:  310.990.9581
www.artconverge.com

On October 23, 2019 at 6:42:34 AM, Davis, Joanna (jdavis@cityoflancasterpa.com) wrote:

These are all extremely helpful and applicable examples. They will do the job nicely 😊

 

Lynn, one impediment from folks appreciating the artwork is that there has been a huge clash with our Historical Commission. Some do not agree that it actually is artwork because it is integrated into a building. They argue it is a façade. Examples of similar work have been dismissed as “the type of thing for a larger city – not us”. So examples of work integrated into a building would be great, especially if they are in a smaller city and somewhat celebrated.

 

This issue will set a precedent for us. Integrating artwork into construction is a focus area of our ten-year plan and so subsequently we will better define the ordinances to deal with the next one that comes down the line.

 

How do other cities with Historic Districts navigate the approval of public art? Examples of ordinances that give Public Art Commissions credence would be fantastic.

 

 

Thanks so much!! I feel like I have a lifeline because of this listserv!

 

Jo

 

From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> On Behalf Of Lynn Basa
Sent: Tuesday, October 22, 2019 11:03 AM
To: PAN listserv <public_art_network@americansforthearts.simplelists.com>
Subject: [EXTERNAL] Re: I Need Names of Iconic Artworks That Had A Rocky Start

 

Hi, Jo

All of these examples so far are of free-standing, monumental artworks.  Were you asking about art that is integrated into a building, that is constructed concurrent with that building?  Like a terrazzo floor, for example?

Lynn

 

On Tue, Oct 22, 2019 at 9:59 AM Wilkinson, Emily <Emily.Wilkinson@ttu.edu> wrote:

I would think the Louvre Pyramid (https://www.architectmagazine.com/awards/aia-honor-awards/louvre-pyramid-the-folly-that-became-a-triumph_o) is a well-known example. Maybe also use “Cloud Gate” (https://theculturetrip.com/north-america/usa/illinois/articles/brief-history-of-the-chicago-bean/) as an example?

 

 

Emily Wilkinson, M.A., M.Ed.

Director for Public Art

 

System Administration Building | 1508 Knoxville Avenue | Suite 103

Box 42014 | Lubbock, TX  79409-2014

T 806.742.2116 | D 806.834.1668

texastech.edu/publicart

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From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> On Behalf Of Davis, Joanna
Sent: Tuesday, October 22, 2019 9:38 AM
To: public_art_network@americansforthearts.simplelists.com
Subject: I Need Names of Iconic Artworks That Had A Rocky Start

 

Hi PAN Pals,

 

City Council is reviewing our first major project that integrates public art into building construction drawings. Due to a lack of understanding about this type of work and unfortunate press, many community members are outraged against it, including our Historical Commission. (Many are for it as well)

 

Council is voting tonight and I would love to give them examples of some iconic public artworks that when first shown to the public people were up in arms about. I want to make the point that it is necessary to trust the vision of artists commissioned by the Public Art Advisory Board because if we just see with our eyes of today we will stay in today. Can anyone give me the names of a few that would be easily recognized by the general public?

 

Thanks so much!

Jo

 

Joanna Davis 

Public Art Manager, City of Lancaster, PA

 

Lancaster Public Art

Phone (717) 291-4829

Mobile (717) 844-2213

jdavis@cityoflancasterpa.com

www.lancasterpublicart.com

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Lynn Basa

The Corner Project
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