Thank you, Elise!

Martha

Martha M. Peters|Director of Public Art

Arts Council of Fort Worth

1300 Gendy Street

Fort Worth, TX 76107

(817) 298-3025

www.fwpublicart.org

From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of DeMarzo, Elise
Sent: Thursday, November 15, 2018 3:48 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: RE: INQUIRY - Artists Copyright and VARA Rights in Contracts

Hi Martha,

Our contracts do have a VARA waiver, but give the artist the copyright (the City is given the rights to reproduce images of the artwork). Any time an artwork is deaccessioned, the artist is given the first option to take the work back. Our policy for deaccession can be found here and outlines proper notice to the artist in the event a deaccession process is initiated. Please email me directly if you want more details. I hope this is helpful – and good luck!

Best,

Elise DeMarzo

Palo Alto, CA

From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> On Behalf Of Martha Peters
Sent: Thursday, November 15, 2018 1:13 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: INQUIRY - Artists Copyright and VARA Rights in Contracts
Importance: High

Dear Colleagues,

The City of Fort Worth’s Law Department is in the process of updating public art contract templates for preliminary design, final design and artwork commission. Under our current contracts, artists retain copyright in their work and have the opportunity to reclaim their work in the event there is an alteration to the site. The new language being contemplated would have artists waive their copyrights and VARA rights.

In order to illustrate best practices in the field, it would be most helpful to hear from as many of you as possible as to where your contracts stand on these matters. A brief response is all that is requested.

Please note that I have shared a link to the PAN tools on the Americans for the Arts website, as well as the 2005 Annotated Model Commission Agreement with the Law Department.

Thank you,