A contract is essential to the understanding and agreement between an agency or individual commissioning a work of public art and the artist creating the commissioned public art. The field of public art has grown and matured over the last several decades. Various local, state and federal laws regulating contractual agreements have become increasingly complicated. This form addresses many of the more current requirements and considerations of a contractual agreement to commission a work of art.
This is a sample of an agreement between a public agency of a municipality and a professional art consultant regarding an art project of the municipality. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maryland Agreement for Commission of Public Artwork between Art Consultant and Municipality is a legally binding document that outlines the terms and conditions for the creation and installation of public artwork within a municipality in Maryland. This agreement serves as a comprehensive guide to ensure a smooth collaboration between the art consultant (also known as the artist) and the municipality to create visually captivating and culturally relevant artwork that enhances the public space and contributes to the community's aesthetic. The Maryland Agreement for Commission of Public Artwork between Art Consultant and Municipality covers various aspects, including: 1. Scope of Work: This section defines the purpose and objectives of the public artwork, describing the specific location(s) within the municipality where the artwork will be installed. It may also detail any thematic or conceptual requirements that the artwork should adhere to. 2. Responsibilities: This clause outlines the respective responsibilities of the artist and the municipality. It includes aspects like the artist's commitment to creating the artwork, complying with all relevant laws and regulations, and maintaining the artwork's integrity over time. The municipality, on the other hand, agrees to provide necessary approvals, permits, and support for the successful completion of the project. 3. Timeline: This section sets out a detailed schedule for the creation, delivery, and installation of the artwork. It includes deadlines for design proposals, final artwork submission, fabrication, installation, and any associated milestones. 4. Budget and Compensation: The financial aspects of the agreement are addressed in this section. It covers the artist's compensation, which may include fees, production costs, transportation, insurance, and any relevant taxes. Additionally, it may also include provisions for reimbursement of approved expenses incurred by the artist during the project. 5. Intellectual Property: This clause defines the ownership of the artwork's intellectual property rights. It ensures that the artist retains the copyright to their work while granting the municipality the right to display and promote the artwork in perpetuity. 6. Maintenance and Repair: The agreement stipulates the maintenance and conservation responsibilities for the artwork once it is installed. It may include provisions for regular inspections, required repairs, restoration, and any associated costs, emphasizing both the artist's and the municipality's commitment to preserving the artwork's long-term integrity. 7. Termination: If circumstances arise where either party wishes to terminate the agreement, this section outlines the conditions and procedures for doing so. It may also address any recourse or compensation in case of early termination. Different types of Maryland Agreements for Commission of Public Artwork between Art Consultant and Municipality may exist based on specific regional requirements or project characteristics. For instance, there might be separate agreements for temporary installations, permanent installations, or even agreements tailored to specific types of artwork, such as sculptures, murals, or interactive installations. These agreements are crucial in fostering a collaborative relationship between the artist and the municipality, ensuring that all parties involved understand their roles and responsibilities, providing a framework for effective communication, and ultimately leading to the successful realization of public artwork that enriches the community and contributes to its cultural heritage and identity.
