Our contracts expressly state that copyright remains with the artist, but the agreement includes a limited license for us. As for VARA, our contracts assert the artist's VARA rights but require a partial waiver to allow the piece to be removed under certain circumstances. 

Julia Moore (mobile)

On Thu, Nov 15, 2018, 4:13 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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