Public Art Practices a Reference Guide for Developing Public Art Programs and Projects

Public Art Practices A Reference Guide for Developing Public Art Programs and Projects

Traditionally, public art has been exactly that--art in public places. The term, public art, may spawn images of a heroic soldier in the park, a bronze eagle on a bank, or a decorative relief on the façade of city hall, but public art entails so much more than just those images. While traditional works like these represent the foundation of public art, contemporary public art has grown to encompass a wide range of innovative concepts, projects and programs.

Historically, one might use the Statue of Liberty as a good example of “new” art born from traditional ideals. A gift to the United States in 1885, it took over 20 years for F. A. Bartholdi to develop, design and create the world famous statue. Although his heroic image of liberty was based on figurative sculptures of the past, its representation of freedom as a woman was unusual in the United States and became cause for debate. People were afraid she’d look tired or old and be less than heroic. Rumors, misperceptions and concerns over its “contemporary” nature created intense controversy in the 1880s and the sculpture was nearly rejected. Now, almost 120 years later, it is one of the most recognizable examples of public art in the world.

Today, public art includes “traditional” monuments and decorations along with a broad spectrum of unique projects and programs. In many cases, artists are included early in the design process or as part of the design team, and community leaders work to include and educate the public throughout the development of projects. With these and other new strategies, more often than not, public art becomes a source of pride and enjoyment for visitors and residents of the cities and communities it inhabits. At the start of the new millennium we’ve learned that a comprehensive public process is often the key to successful public art projects.

Some works, like the Statue of Liberty, have world-wide impact while others may identify a city or simply brighten a neighborhood. There are many examples of successful permanent and temporary public art projects throughout the nation: The “Chicago Picasso” in Chicago’s Civic Center Plaza; unique benches and bus shelters adorning parks and sidewalks across the country; photographs, films and television programs projected on the side of buildings by artists for viewers gathered in the street; artists, architects and designers collaborating to transform land fills into scenic parks; street musicians and performers entertaining lunch time crowds; a garden designed by an artist and a scientist that will help remove toxins from soil; busses painted by local citizens to celebrate and add vibrancy to city life; a quilt with sections made by people from around the world that travels the country to raise awareness about AIDS; The “Gateway Arch” on the shore of the Mississippi River.

St. Louis Regional Arts Commission

This publication is available for downloading at: www.art-stl.com

Statue of Liberty

“Back in America, fund raising for the pedestal was going particularly slowly, so Joseph Pulitzer opened up the editorial pages of his newspaper, "The World" to support the fund raising effort. Pulitzer used his newspaper to criticize both the rich who had failed to finance the pedestal construction and the middle class who were content to rely upon the wealthy to provide the funds. Pulitzer's campaign of harsh criticism was successful in motivating the people of America to donate.”

-The National Park Service, Statue of Liberty and Ellis Island

Gateway Arch -- Jefferson National Expansion Memorial

CONTENTS

PUBLIC ART PROGRAMS

PERCENT-FOR-ART PROGRAMS...... 3 -Mandated Percent-for-Art Programs -Voluntary Percent-for-Art Programs - Partnerships and Collaborative Public Art Strategies

ARTS IN TRANSIT/CIVIC DESIGN PROGRAMS ...... 4 -Artist/Architect/Engineer Design Teams

PUBLIC ART LOAN PROGRAMS ...... 4 -Long Term Loans -Short Term Loans -General responsibilities of each party and estimated costs for loans -Collections

COMMUNITY PROGRAMS, PARTNERSHIPS, COLLABORATIONS...... 5 -Education Collaborations/Partnerships -Community Projects

THE SELECTION PROCESS

PUBLIC ART COMPETITIONS ...... 6 -Request for Proposal (RFP) -Invitational

PROJECTS

CONTEMPORARY PUBLIC ART PROJECTS IN THE UNITED STATES ...... 6 -3-D Chicago / Pier Walk -Denver International Airport / Terry Allen -Buster Simpson, Host Analog -Agnes Denes, Wheatfield - A Confrontation -Maya Lin, The National Vietnam Veterans Memorial -The AIDS Memorial Quilt

FREQUENTLY ASKED QUESTIONS...... 8

ELEVEN STEP PUBLIC ART PLANNING MANUAL ...... Error! Bookmark not defined.

RESOURCES ...... 12

ARTICLE: “Legal Issues Surrounding Public Art Contracts” ...... 13

This Guide was originally compiled and written for the Regional Arts Commission by Porter Arneill.

PUBLIC ART PROGRAMS

PERCENT-FOR-ART PROGRAMS Percent-for-art programs encourage or mandate that a percentage of the construction budget for public buildings and sites be used for public art. There are over 225 city/county and state percent-for-art programs in the US. Historically, projects developed through this process have included sculpture, fountains, photographs, paintings, murals, bas-relief, floor designs (terrazzo, tile, etc.), specialized lighting, and text (poetry, quotes, etc.). More recently, projects have included landscape design, sound, video, and interactive computer and video kiosks. Many projects are integrated with structural or design aspects of a building or site, and might include handrails, window designs, light fixtures, landscape designs, railings, columns, etc. They might also be incorporated in daily operations—musical sounds added to announcements in recorded airport instructions, unique benches, or creative signs that help guide visitors.

Mandated Percent-for-Art Programs - The typical percent-for-art ordinance stipulates that a percentage (typically 1 to 3 %) of the cost of constructing or renovating a public building or site (or a capital improvement project) shall be set aside for artwork. This allows one or several artists to create artwork in the building and/or on the site. In many cases, artists work as part of a design team with architects and engineers. This minimizes costs by integrating the design work with the construction process. (In many cases, an artist designed railing, light fixture, or floor design is no more expensive to fabricate than “stock” products.) Historically, public art projects that include community participation and support are the most successful. In most cases, these programs are administrated through city government with a selection committee and a thorough selection process. Education programs often evolve from these projects which increase community awareness, participation, and support.

Voluntary Percent-for-Art Programs – These programs are privately sponsored by corporations, owners and/or architects with the recognition that art and design projects greatly enhance the environment of buildings and grounds. Enhancement of space and artwork increases attractiveness, thereby attracting tenants, increasing employee morale, and encouraging a greater sense of community. It also increases corporate visibility, and improves owner image. In some cases, there is an investment factor --works of established artists will appreciate over time.

For many voluntary art programs and projects, a private art advisor/consultant is contracted to coordinate the process including: project/program design, budget, selection of the artist/s, artist contracts, insurance, documentation, committee and community involvement, public relations, and installation of art work.

Partnerships and Collaborative Public Art Strategies – The programs listed above represent the fundamental processes behind public art programming. To enhance these programs, many public art projects benefit from partnerships, collaborations and/or collaborative funding strategies. For instance, a transit program or mandated percent-for-art program might seek a grant from a local arts commission or private foundation to pay for the cost of printing a request for art work; public or private land might be donated as a site for public art; private donations might be collected to fund the maintenance/preservation of artwork; in-kind donations of equipment rental from private construction companies might be used for the installation of art work.

3 ARTS IN TRANSIT/CIVIC DESIGN PROGRAMS These are programs developed specifically for transportation projects. Generally, they are funded through percent for art ordinances and/or individual project grants. Public art in this category includes a range of projects from bench designs and mural projects to bridge and railway station designs. Artists may be asked to create a specific work—benches, wall tiles, murals, railings, window designs, objects at rail stations, etc.—or work as part of a design team with architects and engineers to integrate artwork into the facility—columns, lighting, structural components, brick designs, sidewalk designs, etc. This adds a new perspective to the design process and allows for a wider range of design solutions.

Artist/Architect/Engineer Design Teams Collaborative design teams are often part of a percent-for-art, transit program or private projects. Artists work with architects, designers and engineers throughout a project to develop aesthetic and creative design solutions. Through this process, the team affects the aesthetics and design differently than an individual architect might. Locally, these team/collaboration projects have been successful in the development of the St. Louis area Metrolink stations.

PUBLIC ART LOAN PROGRAMS Art loan programs give the borrower (such as building owners, business associations, neighborhood associations, cities, etc.) the opportunity to temporarily display work on an on-going basis. In community settings this is an opportunity to educate people about public art and how it can enhance their surroundings, foster dialogue and encourage a greater sense of community. It is also an opportunity for local and regional artists to show their work. Chicago’s Pier Walk exemplifies this. In 1995, three sculptures were displayed on Chicago’s famous pier, on loan from individual artists. Because of its popularity, just three years later, during the annual event, 175 sculptures were displayed for six months and seen by over a million people.

Long-Term Loans include a loan agreement with artists, art museums, private collectors, galleries or art organizations to borrow works of art (generally sculpture) for a period of a year to an indefinite amount of time.

Short-Term Loans include a loan agreement with art museums, art organizations, galleries or individual artists to place art in a variety of places for periods from 1 month to a year or more. This offers an opportunity to showcase local artists, and can be combined with festivals and events to gain more attention and add a unique sense of fun and collaboration to a site.

General responsibilities of each party and estimated costs for loans: A loan agreement will be required by the lender which will specify the period of the loan, maintenance/vandalism responsibilities, insurance requirements, round-trip shipping, and any other specifications and responsibilities required by either party. Below is a list of common responsibilities for the lender and borrower. A variety of circumstances can arise for borrowing and loaning art, other agreements can be negotiated between parties.

Lender Responsibilities: • Shipping? • Work should be shipped in the best condition • Provide current maintenance records • Specifications for maintenance/conservation • To voice concerns to the borrower

Borrower Responsibilities: • Shipping, shipping insurance (Generally not the responsibility of the lender.) • Site preparation • Concrete pad as base (for sculpture) • Equipment for moving and installing work 9 Crane 9 Truck/trailer 9 Labor • Maintenance and or Conservation during the loan period 9 Insurance 9 Special considerations 9 Sod replacement/sidewalk repairs 9 Special fabrication for mounting/Hardware

Cost Range: Costs vary according to the size of the work, its location, and the complexity of installation. A large metal sculpture (horse and rider scale), shipped from a location 200 miles away and installed on a concrete pad, might cost between $500-$5,000 for shipping and $500-$5,000 for installation.

Personal Art Collections - Sometimes art collectors seek unique venues to display work from their collection or, upon their death, will their collection to interested parties. In these situations, a long or short-term loan can be arranged or the work can be accessioned by a town or city agency.

COMMUNITY PROGRAMS, PARTNERSHIPS, COLLABORATIONS Community and education programs are gaining attention for their impact and long-term educational value. Partnerships between individual citizens, arts organizations, communities, schools, and businesses are producing innovative solutions to many social challenges.

Education Collaborations/Partnerships - Arts organizations, museums, schools, and/or artists can be selected to develop independent or collaborative education programs which include public art projects. These projects are generally scheduled to occur during the academic year and include a public celebration after the installation of the work. With the involvement of students and residents, these projects are generally well received by the community and sometimes become annual events. Examples include school murals, community gardens, sidewalk designs, painted dumpsters, etc. Grants, private donations, schools, and collaborative organizations support these programs. Basic costs include payment for the artist/s, materials, equipment, printing (announcements or flyers), and food & drink for a reception. Many public artists seek opportunities to work with students, community groups, and neighborhoods to develop projects. Several of the famous Los Angeles murals were created collaboratively by the artist Judy Baca along with young people from surrounding neighborhoods.

Community Projects Communities interested in neighborhood improvement can sponsor community-based public art programs. Working with local artists, architects and landscape designers, they can develop enhancement projects or include programs for new construction. They can also develop partnership programs working with local businesses, churches, organizations, schools and/or area youth to promote temporary and permanent enhancement projects.

THE SELECTION PROCESS

PUBLIC ART COMPETITIONS Once a decision is made to add artwork to a building or site, consideration of the appropriate media (sculpture, landscape design, painting, etc.) should be developed along with criteria (environmental, structural, aesthetic, etc.) for the work. This might be very specific or left open for the artist to develop ideas. Once this phase is completed, the process for selecting an artist begins. There are two primary ways to select artists:

Request for Proposal (RFP) or Request for Qualifications (RFQ) - When a new project has been defined and the criteria set, requests for proposals are sent to artists regionally, nationally or globally or some combination of the three. These requests specify the information and format the artist must follow to submit his or her proposal. Generally, background information (resume, slides of earlier work, newspaper articles, etc.) is requested along with sketches and a written description of the project.

In addition to artist’s fees, material costs, construction and installation costs, and housing when applicable, there are also expenses related to the selection process. Selection committee members are sometimes paid an honorarium for their time. If artists are selected nationally there may be airfare and hotel costs, and finalists (3 to 5) receive an honorarium for final proposals – generally $500 to $2000.

Invitational - The RFP process (above) is time consuming. In some cases, rather than reviewing a large number of proposals, a smaller number of artists can be invited to submit proposals. These artists can be located through a variety of means including review of current public works, contacting local arts organizations, speaking with local arts professionals and/or contacting national organizations. Although this is the same basic selection process as the RFP, it reduces the office work and time needed to interview a large number of artists.

Invitational projects often include artists with established careers, which usually mean they come at a higher expense. Cost also reflects miscellaneous expenses like daily stipends for visiting finalists, hotel costs, airfare, etc.

PROJECTS

CONTEMPORARY PUBLIC ART PROJECTS Public art has evolved from its decorative and monumental roots to include contemporary projects ranging from gumball machines that dispense works of children’s art to scientific land reclamation projects and transit design. Some unique public art projects include:

• 3-D Chicago-The Pier Walk series has become an annual event of an “open air” display of sculpture on and around Navy Pier in Chicago. In 1998, 175 sculptors from around the US exhibited their work. Sears, Roebuck and Co. sponsors the project, which draws thousands of visitors each year. http://www.pierwalk.com/

• Denver International Airport Project – a percent-for-art program was established specifically for the construction of the new Denver International Airport. With a budget of over $7.5 million, 40 artists and 80 committee members were involved in the development, selection and installation of artworks throughout the airport, in transit tunnels, and outside the airport. Terry Allen, artist – His Notre Denver project includes humorous gargoyles sitting in suitcases mounted on the walls in the new Denver International Airport. http://www.artonfile.com/html/projectnotes.lasso?id=4464

6 • Portland Convention Center / Buster Simpson, artist – In Host Analog, commissioned for the Portland, Oregon, Convention Center, Simpson is in the process of creating a forest of trees from an eighty foot long Douglas fir "nurse" log that was cut some thirty years ago and then not used as lumber. The rotting log provides an excellent growth medium for sprouting seedlings. Simpson has planted seeds of Western red cedar, Douglas fir, and hemlock directly on the log. http://www.greenmuseum.org/artist_index.php?artist_id=21; http://www.bustersimpson.net/

• Battery Park Landfill, New York City / Agnes Denes, artist – In a work called Wheatfield – A Confrontation; Denes planted and harvested 1.8 acres of wheat on a landfill near the World Trade Center in New York City. The Wheatfield project was a stark visual contradiction: a beautiful golden field of wheat set among the cool steel skyscrapers of downtown Manhattan. The harvest yielded 1000 pounds of grain, which was fed to police horses. http://greenmuseum.org/content/artist_index/artist_id_63.html

• Washington DC / Maya Lin, architect – Vietnam War Memorial. At the age of 20 and still a student at Yale University, Lin won a national design competition for the Vietnam Veterans Memorial. Under a complicated and politically messy process, the famously simple but moving piece was erected and has become one of the most visited National Monuments in Washington DC. http://www.vietvet.org/thewall.htm

• The AIDS Memorial Quilt – The largest on-going international community arts project in the world. Each of the over 41,000 colorful panels in the Quilt was made to remember the life of a person lost to AIDS. The quilt continues to grow and is supported by a web page with information about aids and aids research. < http://www.aidsquilt.org/>

FREQUENTLY ASKED QUESTIONS

Why public art? Placing art in public places is as old as humankind. From cave paintings and pyramids to monuments and architectural design, art has always been a part of the public realm. In contemporary society, public art, and the community participation which often accompanies it, contributes to the identity of a city. In the same way that people work to decorate their homes, public art offers visual appeal, pride, a sense of celebration, fun, and often represents the health and wealth of the city it inhabits.

Where does the money come from for a percent for art project? Recent public art ordinances allocate a percent (1 to 3%) of the budgets of eligible capital construction projects for public art. (In most cases this includes any publicly funded project over 1 million dollars.) The money is placed in a separate, interest-bearing public art and design trust fund. (The trust fund is also authorized to accept gifts, donations and grants or funds for public art and design purposes.) Interest accrues to the benefit of the public art and design program. This money is then allocated for administration, programming, fabrication, installation and maintenance/preservation of art work.

Who should administrate public art programs? There are several models for public art administration. At the city/county level, public art commissions or cultural affairs councils--with the support of additional staff members--are created separately or within an existing government agency (Mayor’s Office, Board of Public Service, for example) to oversee projects. In many cases, existing arts councils and commissions assume the responsibility by adding one or two staff people. In addition to budgeting and general office administration, the responsibilities of these commissions generally cover the following: • Act as a team leader for city project managers, architects, professional design teams, community representatives and artists • Assist in determining an appropriate artistic medium, as well as site opportunities and limitations • Contract negotiations, budgeting, payment schedules and insurance requirements • Define the artist selection process eligibility and criteria • Support an artist mailing list and slide registry • Prepare bids and place announcements in appropriate publications; inform artists of opportunities • Develop selection process guidelines to ensure equal access for artists of all backgrounds • Identify qualified volunteers to serve on selection/advisory panels and oversee the panels • Develop maintenance guidelines and act in accordance with professional conservators to maintain collected work

Examples: City of Columbia, Office of Cultural Affairs in Columbia, MO; Mayor’s Commission on Art, Culture and Film in Denver; Kansas City Municipal Art Commission, Kansas City, MO, Seattle Arts Commission; The Cultural Arts Council of Houston/Harris County; The San Francisco Art Commission; The Phoenix Arts Commission; Broward County Cultural Affairs Division, Broward county, FL; City of Atlanta, Bureau of Cultural Affairs; Office of Arts and Culture, City of Philadelphia, Scottsdale Cultural Council, AZ; Virginia Beach Arts and Humanities Commission, VA; Las Vegas Arts Commission, NV; etc., and many state arts councils.

8 How is an artwork selected? The public art program administrator keeps a list of potential committee members (if additional time is required, selection committee members are sometimes given an honorarium) who are asked to volunteer on selection committees. Committee members might include an artist, elected city official, school administrator, teacher, local newspaper staff, a leader from the religious community, business leader, bank official, students, community members, and an official from an anchor business in the community. The selection committee surveys the site/s and reviews the artist’s proposals. Once finalists (3-5) are selected, they are asked to create models of their proposal and make a formal presentation to the committee. The committee is responsible to evaluate the work for its esthetic quality, construction quality, appropriateness to the site, and engineering/logistical criteria. After an artist is selected they are required to adhere to the criteria established for the project.

Can a proposal/public art work be rejected? Yes. After the proposal has gone through the selection process there shouldn’t be a need to reject the work. If however a problem arises, the artist is given the opportunity to modify the work or withdraw from the project. After installation, a work can be deaccessioned (removed from the collection) by the public arts commission after going through a deaccessioning process established by the public art commission.

What is the economic impact of public art? Of funds allocated to a project, a percentage goes to: • Artist’s fee/s, travel, per diem and hotel • Insurance (if applicable) • Suppliers, engineers (if applicable) construction and installation (materials, labor, contractor’s fees, equipment rental, etc.) • Maintenance • (In many cases a percentage also goes to neighborhood and community projects)

According to Washington State % for Art Research, for each Percent for Art project money expended: • 6-6.6% is returned in sales tax • 42-43% goes to direct purchase of materials • 9-10% is spent on overhead (studio, utilities, etc.) • 30-37% goes to pay salaries and wages of artists and subcontractors for fabrication/installation work

How much does the artist make? Some people fear that the artist gets all the money budgeted and can do whatever they want with it. This isn’t true. A professional artist is required to act much like an architect—develop a proposal, fulfill engineering criteria and specifications, and work with other artists and contractors to create and install the work. The artist receives a fee for their work as does the architect, suppliers and contractors.

What’s an RFP or RFQ? RFP is an acronym for Request for Proposal. RFQ is an acronym for Request for Qualifications – seeking information from artists for several projects or future projects when a specific proposal is not necessary. (See page 6, The Selection Process)

9 11 Step Process

AN ELEVEN STEP PUBLIC ART PLANNING OUTLINE How to Develop and Implement a Public Art Project* Below is an elementary outline of important steps for planning a public art project. Although this outline is structured in chronological order, it might be necessary to duplicate some steps, change their order or add steps according to your needs.

Two key elements that are crucial to the public art process: Patience and Inclusion

Patience: It is important to decide whether or not a public art project is the best solution for the situation. Public art is not a “quick fix” process. Time and energy must be spent to develop the concept, select the artist/s, and include the community. Inclusion: NIMBY stands for Not In My Back Yard! While most public art projects begin with good intentions, many fail because they aren’t appropriate for the community where they are installed or they are thrust on the community without warning. Insensitivity to the opinions of a community can condemn a project before it begins.

1. Create a Planning Committee A planning committee representing the community is an essential element of successful public art projects. The planning committee should be representative of the community where the art will be installed. Factors to consider include age, cultural background, ethnicity, gender and profession. Potential committee members might include an artist, elected city official, school administrator, teacher, local newspaper staff, a leader from the religious community, business leader, bank official, students, community members, and an official from an anchor business in the community.

Once the committee has been organized, a chair or co-chairs should be appointed. Next, determine the goals of the committee and a timetable for reaching the goals. It often helps to determine the deadline and work backwards to set intermediate goals. Structure your meeting schedule to meet the goals. Periodically check on group members’ continued support of the project goals. Also, the committee should devote time to educate members about contemporary public art possibilities.

2. Collect Visual Images and Educate the Committee Compile examples of appealing historical and contemporary public art images. This may include slides, photos, brochures, magazines or images from personal travels. Have people knowledgeable in the field of public art conduct slide presentations for those interested. Use these images and presentations to generate concept and budget discussions in committee meetings and to assist in building group consensus. In addition, there are National, State and City public art programs across the Nation. Many offer colorful brochures or web pages that describe their programs. With a phone call, you can begin to familiarize the committee to public art projects from across the country.

10 3. Determine the Budget Use the information gained from your concept research and initial inquiries to create a budget. Consider donations, volunteer and in-kind resources. To start a fundraising plan, use your knowledge of community members and organizations to create a list of people who have a known interest or possible interest in a public art project. Determine who might be the lead donor(s) and how much that person or organization might contribute. Create a “contributors chart” working down from the amount of the lead donors until it meets a major portion of the projected budget.

Budget Items to consider for a public art project:

• Architect/Engineer Expenses • Research Costs • Artist’s Fee (20%) • Specialized Services/ • Crating/Transportation Subcontractors – electrician, • Equipment Rental plumbing, etc. • Fabrication Costs • Storage • Hired Labor • Studio Rent • Installation Costs • Travel/Mileage • Insurance • Utilities • Legal Expenses • Maintenance • Materials • Special Costs – installation, etc. • Miscellaneous Costs • Photography

The Regional Arts Commission can assist you with budget development. Contact Roseann Weiss at 314-863-5811 or [email protected] for more information.

4. Establish a Time Line Activities to consider when creating a time line are:

• Community Education • Artist Selection • Concept Development • Contracts, Insurance • Creation of the Budget • Creation of Work • Fundraising • Installation of Work • Marketing Plan • Dedication

5. Determine a Concept for Art Work Identify and discuss works of art and concepts that interest the committee. If appropriate, the artist selected can be included as part of the design team for a new building or site. In this case, the design team can work with the committee to develop the concept for art work.

6. Conduct a Search for an Artist (or Artist Team) Determine if artist selection will be by invitation, local search, statewide search, regional search, national search or international search. (Remember that travel costs and a per diem for each artist will come out of the budget.) If artist selection is to be by search, rather than invitation, create a “Request for Proposal” (RFP) and distribute.

Contact the Regional Arts Commission for information on developing an RFP and how to find mailing lists and periodicals where the RFP can be posted.

7. Negotiate a Contract With the Artist The contract should include a timeline, copyright agreements, considerations for additional costs, insurance responsibilities and the individual responsibilities of each party involved. Public art projects often have very unique requirements, it is wise to research and gain insight from a number of people to avoid complications.

PLEASE NOTE: Important items for consideration:

• Insurance (Is the work insured before, during and after installation? If the artist and/or assistants are working on site, are they covered? If a child climbs on the sculpture and falls during or after installation, who is liable?) • Ownership of the work – i.e. copyrights, moral rights, image ownership, resale royalties, credits, liability, etc.? (See attached article by Laura Danielson, Page 13)

8. Develop a Maintenance/Conservation Program This tends to be the most overlooked aspect of a public art project. Awareness of the maintenance requirements of a work is vital and the costs should be included in the budget. Personnel should be trained about the appropriate maintenance for each work. Most maintenance, if done regularly, is simple and inexpensive. Neglect is costly.

9. Creation/Fabrication of the Work After the artist (or artist team) has been selected and explored ideas with the committee, they can begin developing the work. It’s a good idea to schedule several dates with the artist for presentations and/or studio visits with members of the committee. This allows everyone involved a chance to gain insight about the artist’s concept and methods.

Ideally, at the end of the creation/development process, the selected artist (or artist team) should be invited to present drawings, a written description, a final budget and a model (also known as a “maquette”) of their work to the committee. If the committee approves the proposed work and the budget, then a meeting with community members to announce the project is recommended. If the committee doesn’t approve the proposed work and/or the budget, then the artist should solicit new ideas and criticisms and work with the committee to decide what changes are appropriate. It is important for the committee to remember that the artist has been selected for their artistic and professional skills; they should be given as much creative control of the project as possible.

10. Installation of the Work After the work has been approved, installation can begin. Depending on the size of a project, installation work may include the artist, the artist and assistant/s, or other contractors.

11. Dedication of the Work The new artwork is installed! Now it’s time to celebrate, thank the people involved, alert the press and dedicate the work!

*Much of the information for this outline is borrowed, with permission, from The Arkansas Arts Council’s Public Art Grant Program Planning Manual, by Sally Williams, Director of Public Art.

Public Art Resources

Public Art Information: The St. Louis Regional Arts Commission (RAC) http://www.art-stl.com/ Roseann Weiss PH: 314-863-5811 [email protected] Director of Community Art Programs and Public Art Initiatives (Note: There is a reference library with several books about public art at RAC)

Legal Issues: St. Louis Volunteer Lawyers and Accountants for the Arts PH: 314-652-2410 FX: 314-652-0011 EMAIL: [email protected] Sue Greenberg, Executive Director

Maintenance Issues: Save Outdoor Sculpture (SOS!) 1730 K Street NW, Suite 566, Washington, D.C., 20006 (A program of Heritage Preservation, National Museum of American Art – Smithsonian Institution) PH: 1-800-422-4612

Periodicals: Art in America ARTnews Sculpture Magazine Public Art Review

Slides: Arts in Transit - http://www.artsintransit.org

Helpful Local (St. Louis Region), National and International Web Sites: St. Louis Regional Arts Commission http://www.stlrac.org/ Arts in Transit http://www.artsintransit.org Public Art on the Net http://www.zpub.com/public/ New York Fine Arts Organization http://www.artswire.org/ Missouri Arts Council http://www.missouriartscouncil.org/ International Sculpture Center http://www.sculpturecenter.org/ Americans for the Arts http://www.artsusa.org/ Public Art Network (PAN) http://www.artsusa.org/services/public_art_network/default.asp Save Outdoor Sculpture http://www.heritagepreservation.org/PROGRAMS/SOS/sosmain.htm Art-public.com http://www.art-public.com Phoenix Art Commission/Artist Opportunities - http://phoenix.gov/ARTS/artscomm.html ArtCAL - www.artcal.net ArtDeadline.com - www.artdeadline.com Community Arts Network - http://www.communityarts.net/

Legal Issues Surrounding Public Art Contracts

b y L a u r a D a n i e l s o n

As we all know, many recent public arts work if the public ends up hating it and cries out for commissions have embroiled artists in controversy its removal or destruction, but it will at least ensure and entangled them in bureaucratic red tape. While that the artist gets paid. some of these conflicts are unavoidable, certain legal Another reason it is essential for artists to issues can be anticipated and dealt with effectively in reserve creative control is that they occasionally the public art commission agreement. When an artist bump up against union requirements that interfere receives a public art commission, he or she is with the fabrication and installation. With full typically presented with a standard, often lengthy creative control artists have more power to object to contract that spells out the obligations of both parties. offensive changes. It details the project and its dimensions, timetable

and delivery, payment schedule, insurance, artist's warranties, etc. An artist should be wary, however, Moral Rights of signing such an agreement (no matter how “Moral rights,” which have long been acceptable it appears on its face) without first recognized in Europe, are held in such low regard in analyzing whether it addresses certain key issues. the United States that most people do not even know These issues, relating to artists’ rights and liabilities, what they are. These rights are the artist’s personal include copyright ownership, creative control and rights in the artistic expression, the most important freedom of expression, moral rights, resale royalties, being the right of “integrity” –protecting a work from credits and liability. unauthorized mutilation or destruction. The idea is that mistreatment of an expression of an artist’s Copyright personality affects his or her artistic honor and reputation, and so impairs a legally protected Both the artist and the commissioning party may personality interest. have a strong interest in retaining the copyright to the There are many examples of interference with completed work. The artist’s primary concern is in American artists’ moral rights, from the removal of preserving the right to control exploitation and to Richard Serra’s Tilted Arc in Manhattan, to the create derivative works based on the original work. public revolt in Tacoma against a mural by Stephen The commissioning party’s concern is that, the work, Antonakas, to the total destruction in 1980 of Isamu because of its “public” nature, can be photographed, Noguchi’s sculpture in a Wall Street bank. reproduced, and otherwise exploited without interference by the artist. The artist does not have to In the United States, there are a few states with forfeit his or her rights to resolve this conflict; he or moral rights legislation, as well as the federal Visual she should expressly retain the copyright, and license Artists Rights Act, recently enacted by Congress after to the commissioning party only those particular the United States signed the international Berne rights it actually needs. Convention for the Protection of Literary and Artistic Works, which contains certain moral rights Sometimes the commissioning party wants the provisions. The protection this legislation affords is copyright so that the artist is restricted from creating limited, however. Artists are advised to further similar works, which would mean the original work protect themselves by including clauses in the was no longer unique. Again, this can be resolved commission agreements that limit the commissioning without the artist giving up the copyright. The artist party from altering or relocating the work without the can agree not to make exact reproductions or artist’s written consent. Further, if the work is publicly exhibit the commissioned work without improperly maintained, damaged, or otherwise written permission. modified, the artist should reserve the right to disassociate himself or herself from the work. Creative Control To avoid disputes, the artist should try to retain Resale Royalties all artistic and aesthetic decisions about the work, allowing for flexibility in design changes. The A very common lament of artists is that they contract should describe the proposed works design, never get to profit from the appreciated value of their dimension, and materials as fully as possible, but still work. California is the only state that has enacted a allow for artistic variations. This won’t preserve the statute that gives artists the right to receive royalties 13

on the resale of their works. But, this legislation is may be able to ensure in the contract that only the effective only if the artwork remains in California commissioning party incurs liability for an injury, and the seller complies with the law. Another way to this case points out how important it is for the artist ensure resale royalties, at least on the first resale, is to thoroughly understand his or her potential for to include a provision in tShe commission agreement liability and need for insurance. that requires the commissioning party to pay the artist By addressing all these issues early in the game, a percentage (typically 15 percent) of the increase in before any serious conflicts have arisen, artists can value of the work on resale. assure themselves fewer legal headaches later on. If a conflict does ensue, especially one related to issues Credits of creative expression, the artist will at least be armed with greater protection and clarification of his Failure to ensure that an artist receives proper or her rights. credit can lead to serious conflicts. An artist should require that his or her name and the name and date of the work be placed and adequately maintained at the Laura Danielson is a Minneapolis lawyer with a public art site. Also, any photos or reproductions of specialty in patent, copyright, trademark and the work should require appropriate credit to the related causes, and is vice chair of the Midwest artist. Further, the artist may want to reserve the Center for Arts, Entertainment, Literature and right to use the commissioning party’s name and the Law (MiCAEL). identifying information in connection with promoting his or her work. Notes: John Henry Merryman and Albert E. Elsen, in Law, Liability Ethics, and the Visual Arts, Philadelphia: University If a work is damaged or lost during fabrication, of Pennsylvania Press, 1990. shipping, or installation, and there is no provision in Scott M. Martin and Peter W. Smith, the contract to the contrary, the artist generally bears “Commissioning Public Works of Sculpture: An the risk. It is therefore vital to ensure that the artist Examination of Contract Issues Involved,” has adequate insurance coverage. Columbia-VLA Journal of Law and the Arts, 12:481, A tragic example of other risks an artist can 1988. incur in a public art project is the case of Christo’s Sylvia Hochfield, “The Moral Rights (and Wrongs) giant yellow umbrella project, in which one of the of Public Art,” ARTnews, 87:5, May 1988. 485-pound umbrellas toppled and killed a woman. Albert Elsen, “What We Have Learned About The California county where the project was Modern Public Sculpture: Ten Propositions,” Art constructed was shielded from liability as the result Journal, 291, Winter 1989. of a “hold harmless” clause in the agreement with Louise Kertesz, “Christo Accident Covered,” Christo, who had fortunately purchased his own Business Insurance, 25:44, Nov. 4, 1991. liability insurance for the project. While an artist

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RAC 1/2002 updated 1/2007 This publication is available for downloading at: www.art-stl.com