Susan Pontious,

Thank you for your response.

 I might add from Americans for the Arts:

https://www.pittsburghartscouncil.org/storage/documents/OPA/PAN_Artist__PrivateEntity_Agreement.pdf

Generally speaking, unless legally signed over to someone else, artists retain copyright of everything he/she produces including but not limited to sketches, drawings, models, maquettes, artwork, and artwork in editions.

This is a very informative listserve and forum.

Sincerely,

Larry

Larry W. Millard
706-254-2591
www.larrymillard.com

On Mar 13, 2018, at 1:35 PM, Pontious, Susan (ART) <susan.pontious@sfgov.org> wrote:

Dear Pax,
In answer to your questions below:
In San Francisco, we request the proposal both as an electronic file and printed on display board.  We retain the right to display, publicize, etc. the proposal. We do not, as part of the proposal fee, own original artwork.  Sometimes artists do produce original artwork as part of their proposal, in which case we may request the first right of refusal to purchase the proposal at market value (separate from the proposal fee.)  However, if, in your RFQ/RFP you make it clear that the proposal fee includes purchase of the some physical manifestation of the proposal, then I think that would be acceptable, but there are reasons why you might not want to do that.  For one thing, you should expect to pay more, and the product (which you wouldn’t know in advance), may not be anything for which you have any use, and you really might end up over paying for what you get.
 
We are a program that prides itself in selecting artists with great work but no public art experience.  Our staff assists artists in finding the technical support they  need to be successful, i.e. other design professionals, fabricators, etc.  I am not sure what you mean exactly about hiring “someone else” to develop the art idea further. We certainly would not entertain hiring another artist to further develop the selected artists concept, but routinely pair artists with architects, landscape architects, etc. who can assist the artist in turning their ideas into buildable projects.
 
Some programs have experimented with teaming inexperience artists with experienced artists as part of a mentor arrangement. I don’t really know how successful this has been but the parameters of the program are part of the RFQ so that both the mentors and the less experienced artists know what the arrangement is prior to applying. 
 
Hope this is helpful.
 
Susan Pontious
Program Director
Civic Art Collection and Public Art Program
San Francisco Arts Commission
401 Van Ness, Suite 325
San Francisco, CA 94102
Phone:  415-252-2241
 
PLEASE NOTE:  We moved our offices Oct. 9, 2015 to
401 Van Ness, Suite 325
San Francisco, CA 94102
 
NEW PHONE Number:  As of Oct. 9th, my new phone number is:
(415) 252-2241
NOTICE: Please be mindful that all correspondence and documents submitted to the San Francisco Arts Commission are public records and as such, are subject to the Sunshine Ordinance and can be requested by the public. If this happens, all sensitive personal information, such as social security numbers and phone numbers will be redacted.
 
From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Pax
Sent: Tuesday, March 13, 2018 9:16 AM
To: public_art_network@americansforthearts.simplelists.com
Subject: RE: Honorarium Artist Agreement 
 
 
Thank you for your help with this.
 
Pax Bobrow
Project Manager
Greater Augusta Arts Council
706.826.4702
 
From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Renee Piechocki
Sent: Monday, March 12, 2018 1:43 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Re: Honorarium Artist Agreement 
 
Hello Olivia,
 
Sarah Odenkirk's great book A Surprisingly Interesting Book About Contracts includes a sample agreement for a conceptual proposal.  
 
There is a link to a similar document on the PAN site, also written by Sarah along with artist Larry Kirkland.
 
 
 
Renee
 
 
On Mon, Mar 12, 2018, at 1:34 PM, Olivia Lemen wrote:
Hello All,
I am looking for sample templates for an agreement between agency and artist finalist for a competitive RFQ process .We are paying a honorarium to 5 finalist to develop a concept for our specific project. I am wondering if any agencies would be willing to share what they use to pay an honorarium to finalists. Thank you in advance,
 
Olivia Lemen 
Management Analyst
Town of Windsor
9291 Old Redwood Hwy Bldg 300 D
Windsor, CA 95492
707-838-5383 (Direct)
707-838-1264 (Fax)
Regular office hours: Mon – Thur 7:00 am – 6:00 pm (closed on Fridays)
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