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.
Title: Wisconsin Agreement for Commission of Public Artwork between Art Consultant and Municipality Introduction: The Wisconsin Agreement for Commission of Public Artwork is a formal document that establishes the terms and conditions between an art consultant and a municipality for the creation and installation of public artwork in the state of Wisconsin. It serves as a binding agreement that outlines the responsibilities, expectations, and rights of both the art consultant and the municipality throughout the entire commission process. Key Points and Content: 1. Scope of the Agreement: — Clearly define the scope of the agreement, identifying specific project details, such as location, theme, size, and budget. — Specify the objectives and goals of the commissioned artwork, ensuring alignment with the municipality's vision. 2. Roles and Responsibilities: — Describe the roles and responsibilities of the art consultant, including the selection of artists, coordination of public input, project management, budgeting, and oversight of installation. — Outline the municipality's responsibilities, such as providing necessary permits, project approval, and designated contact person(s) for communication. 3. Selection and Compensation: — Outline the process for artist selection, including criteria, submission requirements, selection committee formation, and timeline. — Define the compensation terms for the art consultant, including a breakdown of fees, reimbursable expenses, and payment schedule. 4. Artist Selection Process: — Describe how the art consultant will solicit applications or proposals from artists, including guidelines for submission and evaluation criteria. — Specify the process for artist shortlisting, interviewing, and final selection. 5. Project Timelines and Milestones: — Establish a detailed timeline for the entire project, including key milestones, such as artist selection, concept development, community engagement, artwork fabrication, installation, and unveiling. 6. Intellectual Property and Copyright: — Discuss the ownership of the commissioned artwork, addressing copyright or intellectual property issues. — Specify the right of the municipality to reproduce or display the artwork in perpetuity. 7. Insurance and Liability: — Discuss insurance requirements for both the art consultant and the municipality to protect against any damages, theft, or liabilities during the project. — Specify the indemnification clause, clearly outlining individual responsibilities in case of lawsuits or claims. 8. Public Engagement and Maintenance: — Outline the process for involving the community in the public art project, including public input sessions, surveys, or presentations. — Detail the responsibility for ongoing maintenance, restoration, repair, and long-term care of the commissioned artwork. Types of Wisconsin Agreement for Commission of Public Artwork: 1. Temporary Installation Agreement: — A specific agreement for temporary art installations, typically for a limited duration, such as an art exhibition or festival. 2. Permanent Installation Agreement: — A comprehensive agreement for permanent art installations that may become a part of the city's public art collection. 3. Collaborative Commission Agreement: — An agreement that involves multiple parties, such as art consultants, municipalities, and community organizations, working together to commission public artworks. Conclusion: The Wisconsin Agreement for Commission of Public Artwork between Art Consultant and Municipality is a crucial document that ensures a transparent, collaborative, and legally binding partnership between the two parties. By comprehensively covering project details, responsibilities, compensation, and other key aspects, the agreement aims to facilitate the successful execution of public art projects throughout the state of Wisconsin.
