This is a very tricky area that can create real problems down the road particularly for the private property owners (perhaps that’s the reason for your inquiry!).  While it initially seems like a good deal for the property owner in that they get something that could be considered an enhancement for “free”, it can easily become a burden and the focus of lots of bad feelings.  There are a couple of main considerations I often see missing from these sorts of agreements.  Because each circumstance is unique, there are multiple ways of approaching the relationship, but in terms of subjects, here’s a brief list of the bigger considerations in no particular order:

1.  Maintenance, repair and conservation obligations
2.  What happens in the event of damage caused by third parties?
3.  What happens in the event of damage caused by private property owner?
4. Transferability of ownership/obligations to new owners
5.  Ability to remove for a variety of reasons or no reason at all
6.  Who bears the cost of removal?  
7.  Who is responsible for notifying the artist of damage or removal?
8.  Clear statement of expectations for present and into the future
9.  Who owns the work?
10. Does the initial permission amount to an easement or any forfeiture of rights that affect property owner in the future, or future property owners?

Again, because each situation presents a unique set of facts and circumstances, it is difficult to foresee all the variations of issues that might arise.  But, the most important consideration is to think about not just the permission and installation part of the project, but what happens down the road and who’s responsible for potential scenarios.

Hope that helps with some general considerations.

Best,
Sarah

Sarah Conley Odenkirk
Art Attorney | Founder
310.990.9581
www.artconverge.com 


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On September 7, 2018 at 7:32:25 AM, Jen Krava (jenk@forecastpublicart.org) wrote:

jenk@forecastpublicart.org