The Artist's Guide to Public Art by Lynn Basa

Author:Lynn Basa
Language: eng
Format: epub
ISBN: 9781621536192
Publisher: Allworth
Published: 2019-06-19T16:00:00+00:00

What if the agency doesn’t give me a contract? Should I work without one? Should I provide one of my own? If so, where can I find a model agreement to use?

It is very unusual that an agency or a client with enough money to hire an artist to do a commission does not have a written contract. The usual scenario is that there is a contract ready, but that the artist must perform before negotiating and signing the contract. The more the artist invests time and possibly money in a project without a contract, the harder it becomes to negotiate a contract and to leave the project if he or she is not able to secure favorable terms. My advice is that, all things being equal, do not begin to work without a contract, and if time pressure prevents entering into a full contract, a letter of intent and a phase-one payment should be negotiated.

With respect to the other questions, there may be situations where an agency or client does not have an appropriate contract. Often, too, lawyers representing the client will be real estate lawyers or city attorneys unfamiliar with art law or copyright. The “Model Agreement for Commissioning a Work of Public Art” developed by the Association of the Bar of the City of New York in 1983 is a good starting place in that situation. The model agreement can be obtained by contacting Lynn Basa at [email protected] or me at [email protected].

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