Waive VARA (and in CA also CAPA) but the artist should keep Copyright.
ARTICLE 8. WAIVER OF ARTIST'S RIGHTS
8.1
As a material part of the consideration provided by ARTIST under the terms of this Agreement, ARTIST waives any and all rights ARTIST may have with respect to
the WORK and any and all works of art produced under the terms of this Agreement pursuant to the federal Visual Artists Rights Act of 1990 (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987
et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. section 106A, Cal. Civil Code section 987 et seq., or any other type of moral right protecting the integrity of
works of art. ARTIST expressly agrees that the Work performed hereunder is “Work Made for Hire” under the provisions of 17 U.S.C. section 101.
The provisions of this paragraph shall apply to modify ARTIST’s rights of attribution and integrity as set out in the Visual Artists Rights Act,
17 U.S.C §§ 106A and 113(d) (“VARA”), the California Art Preservation Act, Cal. Civil Code §§ 987 and 989 (“CAPA”), and any rights arising under United States federal or state law or under the laws of
another country that convey rights of the same nature as those conveyed under VARA and CAPA, as against the CITY of SANTA CRUZ and its agents. The CITY has the absolute right to change,
modify, destroy, remove, relocate, move, replace, transport, repair or restore the WORK [describe artwork/project: mural, sculpture, etc. and medium]: ______________________________________________________________________________
______________________________________________________________________________ ______________________________________________________________________________ entitled [title of work]: __________________________________________________________
______________________________________________________________________________ ______________________________________________________________________________ and located at [identify site, including interior
location if applicable],: ________________________________________________________________________________________________________________________________________________________________________________ in whole or in part, in CITY’s sole discretion.
ARTICLE 9 COPYRIGHT
9.1 The ARTIST agrees that the WORK and services performed under this Agreement shall comply with all applicable patent, trademark and copyright laws, rules, regulations and codes
of the United States. The ARTIST further agrees that the WORK will not utilize any protected patent, trademark or copyright in performance of work under this Agreement unless the ARTIST has obtained proper permission and all releases and other necessary documents.
If the ARTIST specifies any material, equipment, process or procedure which is protected, the ARTIST shall disclose such patents, trademarks and copyrights in the construction drawings and technical specifications.
9.2 The ARTIST agrees to indemnify, defend, and hold harmless the CITY, its officers and employees from any and all claims, damages, suits, costs, expenses, liabilities, actions
or proceedings of any kind resulting from the performance of the WORK or services under this Agreement which infringes upon any patent, trademark or copyright protected by law.
9.3 Owner
[(or City] has exclusive right to make, and to authorize the making of,
photographs and other two-dimensional reproductions of the artwork for any Owner-
related purposes, including, but not limited to educational, advertising, marketing, public
relations, promotion, any documentation of Owner’s art collection or other
noncommercial purposes in print or electronic media.
From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com]
On Behalf Of Cheryl Snow
Sent: Thursday, November 15, 2018 1:47 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Re: INQUIRY - Artists Copyright and VARA Rights in Contracts
Hello Martha,
Our artist contracts specifically reference VARA, and our understanding that artists retain copyright to their work.
I am a bit alarmed to read your message. Why is Fort Worth's legal dept considering waiving rights?
Cheryl
Cheryl Snow | Executive Director
-----------------------------------------------
Clackamas County Arts Alliance
Keeping arts & culture central to life in Clackamas County
PO Box 2181 | Oregon City, OR 97045
Direct: 503-720-0662|Staff Voicemail: 503-655-0525
www.clackamasartsalliance.org | Facebook
On Thu, Nov 15, 2018 at 1:14 PM Martha Peters <MPeters@artscouncilfw.org> wrote:
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,
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
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