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 obligations2. 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 owners5. Ability to remove for a variety of reasons or no reason at all6. 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 future9. 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,SarahSarah Conley OdenkirkArt Attorney | Founder<ArtConverge_Email_Signature-12_265w_Sarah.png>This E-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this E-mail, you are hereby notified that any dissemination, distribution or copying of this E-mail, and any attachments thereto, is strictly prohibited. If you have received this E-mail in error, please immediately notify me at the number above and destroy the original and any printout thereof.
IRS CIRCULAR 230 NOTICE. Pursuant to requirements related to practice before the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.On September 7, 2018 at 7:32:25 AM, Jen Krava (jenk@forecastpublicart.org) wrote:
To unsubscribe from this list please go to http://www.simplelists.com/confirm.php?u=usudYvb7edaoKbfey1F80wE29su8U5bc