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.
Montana Agreement for Commission of Public Artwork between Art Consultant and Municipality, often referred to as the Montana Commission Agreement, is a legally binding contract that governs the collaboration between an art consultant and a municipality in commissioning public artwork. This agreement outlines the terms and conditions under which the project will be executed, including the responsibilities, rights, and obligations of both parties involved. Key terms and phrases relevant to the Montana Agreement for Commission of Public Artwork between Art Consultant and Municipality include: 1. Public artwork: Refers to artwork that is intended to be displayed in public spaces such as parks, streets, government buildings, or other municipal-owned properties. It can include sculptures, murals, installations, or any other form of artistic expression. 2. Art consultant: A professional who specializes in advising and facilitating the selection, acquisition, and arrangement of artwork for public spaces. The art consultant acts as a mediator between the municipality and the artist, helping to manage the commissioning process. 3. Municipality: A local governing body, such as a city or town, responsible for public affairs and maintaining public spaces. The municipality enters into the agreement as the entity commissioning the artwork for their community. 4. Commission: In this context, commission refers to the act of hiring an artist to create a specific artwork for a designated public space. It involves defining the artistic vision, scope, and budget for the project. 5. Scope of work: Describes the specific requirements and expectations for the commissioned artwork, including its size, materials, desired theme, artistic style, and any accompanying documentation or research. 6. Budget and payment: This section outlines the allocated budget for the project, including the artist's fee, materials, installation costs, and any additional expenses. It also specifies the payment schedule, invoicing procedures, and any penalties or bonuses related to project milestones and deadlines. 7. Intellectual property rights: Encompasses the ownership, copyright, and reproduction rights of the commissioned artwork. The agreement should determine whether the artist retains full ownership or transfers certain rights to the municipality. It may also cover provisions regarding the use of the artwork in promotional materials, publications, or reproductions. 8. Timelines and milestones: Sets forth the project timeline, including estimated start and completion dates, key milestones, and any intermediate deliverables or progress reports required by the municipality. Different types of Montana Agreements for Commission of Public Artwork may vary based on specific parameters such as the scale and complexity of the project, budget constraints, or the inclusion of additional stakeholders. Some variations may outline specific maintenance and restoration responsibilities, insurance provisions, and the process of public engagement or community input. The exact structure and content of the agreement may depend on the preferences and requirements of both the art consultant and the municipality in question.
