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