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  #26  
Old 01-19-2007, 08:02 AM
weseye weseye is offline
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Re: how does one create a proposal for public sculpture?

Sign up at Zapp and read the forum.

Subscribe to this:
http://www.artnewsonline.com/home/

And do a search on Google dot com for artists opportunities.

Keep Arting!

Jeff (weseye) Wesley
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  #27  
Old 01-27-2007, 08:41 AM
A.J. A.J. is offline
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Re: how does one create a proposal for public sculpture?

Does anyone know of a good standard legal contract form to use when one gets a commission?
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  #28  
Old 01-27-2007, 06:28 PM
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Ries Ries is offline
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Re: how does one create a proposal for public sculpture?

When you are working with a public body, generally speaking they give you the contract, not the other way around.

I suppose if you were doing a piece for a private party, like a developer, then you might come up with the contract, but even then they usually have a standard contract for dealing with other types of subs, that they will modify.

I have a whole drawer full of contracts from various cities, states, and developers- some as short as a couple of pages, others over 150 pages long.
There are a few things the artist wants, and then a bunch of things you dont necessarily want, but they do, that you end up with anyway.

Things to consider include:
What each party must do-
For instance, you should spell out what the artwork is, how big, what materials, finish, and so on, and attach drawings, and sometimes material samples.
What it will cost.
When you get paid, and how much- on bigger projects, I ask for as many as 5 payments, tied to progress- maybe so much on signing, so much on finish of design work, then maybe a payment at 50% completion of fabrication, 100% completion of fabrication, and then the balance on completion of install.
Who pays for things like electricity, or footings, or permits, or engineering.
What happens if they arent ready when they say they will be (they never are)
What happens if you default, or die.What happens if they change their minds?
What insurance must you carry?
Do you warranty the work? for how long? (I wont go more than a year)
Who maintains the work? Who repaints, or cleans off graffiti?
Who owns the copyright? Who can make, and sell images of the work? (t-shirts, coffee mugs, or ads?)
Does the artist have to take a drug test to work on site? (it happens- I once asked my employees if they could pass one- one of my guys, long since moved on, said- "I'll have to study a bit first". He passed, but none of us liked doing it).

Some agencies are a dream to work with, others want your firstborn child.

Paul Allen is notorious for being a real tight wad, and even expects you to sign non-disclosure and no talking to the media clauses.
Worst I ever had was a baseball stadium, who hired Bill Gates' fathers old law firm to write the contract- I had to hire my own lawyer, and it took over 6 months of negotiation to reach a contract I could sign- I still didnt like it, but I signed.

On anything over 100 grand or so, I usually fly it by my lawyer- its worth a couple hundred bucks for the piece of mind. Although at this point, I have read so many of the damn things, I usually catch most things.
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  #29  
Old 01-27-2007, 09:45 PM
A.J. A.J. is offline
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Re: how does one create a proposal for public sculpture?

Thanks Ries,
thanks for the information, it sounds like you are used to dealing with the big players. I am actually needing a type of contract for a private party that will list the hours and costs of each stage jsut to give them an idea of what they are paying for in detail. I also wondered what to do in the case of a
public commission if the poeple commissioning it are not familiar with the process say a group of people that want to commerorate their fellows but had to raise the money themselves and they really have no clue how to handle an artist's contract?
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  #30  
Old 01-28-2007, 06:33 AM
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Julianna Julianna is offline
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Re: how does one create a proposal for public sculpture?

A.J., CARFAC Ontario has a publication called Artists' Contracts: Agreements for Visual and Media Artists. Although it is written specifically for artists in Ontario, it may be a usefull starting point.

With any contract, it may be good to get a lawyer to read it over to ensure everything is covered. If you use one from the publication above or find one elsewhere, it will at least save you the time and money of sitting down with a lawyer to create the first draft. If you do go with a lawyer, make sure it's one who specializes in law for artists---being in California, I'm sure you'll have a few available to you.

There are a few more resources listed at:
http://www.artisthelpnetwork.com/legal.asp
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  #31  
Old 01-30-2007, 09:04 AM
A.J. A.J. is offline
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Re: how does one create a proposal for public sculpture?

Julianna,
thanks for the link. I am sure it will be helpful. You are right about lawyers being readily available in California but I like to stay as far away from them as I can unless it's absolutely necessary!
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  #32  
Old 01-30-2007, 11:28 AM
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Ries Ries is offline
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Re: how does one create a proposal for public sculpture?

Speaking as someone who had lawyers for both a mother and a father, (actually, my mother was a judge, til she retired to collect art full time)
I can say that they are just people, and not so scary close up as their reputation would suggest.

And guess what- there are actually lawyers who will help needy artists, for FREE! Depends on the situation, of course- and often it is worth paying a lawyer a bit now, to save a lot later.

http://www.vlany.org/legalservices/vladirectory.php

Southern California-
California Lawyers for the Arts (Santa Monica)
1641 18th St.
Santa Monica, CA 90404
(310) 998-5590
UserCLA@aol.com

Northern California-
California Lawyers for the Arts (San Francisco)
Fort Mason Center, Building C, Rm 255
San Francisco, CA 94123
(415) 775-7200
(415) 775-1143 Fax
cla@calawyersforthearts.org
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  #33  
Old 02-04-2007, 04:48 PM
A.J. A.J. is offline
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Re: how does one create a proposal for public sculpture?

I guess that did sound a little biased against lawyers but I really didn't mean it that way. My father is a lawyer and so is my brother but I still don't like to have to deal with lawyers if things can be done other ways. They are great when you need them and I have needed them! It is always best to cover your bases when in doubt so thanks for your advice! That is great about the free lawyers for those in need I didn't know about that.
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  #34  
Old 02-18-2007, 10:47 PM
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Aaron Schroeder Aaron Schroeder is offline
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Re: how does one create a proposal for public sculpture?

I've particapated in two, percent for art commission opportunities, I learned alot especially from the artist that were selected instead of me. The thing that you have to consider the most is the concept of a selection committy made up of artist but mostly not artist professionals that have busy lives and careers. To them, you're just another professional caught in a web of institutional intrigue. They weigh many factors that have nothing to do with your submitted purposal. They know little about art and to them it's all so subjective so they go with what they know, experience,status,resume,momentum. If you're Dale Chihuly or Albert Paley, you'll be selected, few questions asked, cause you're the man, you kick ass. If you're not and you are'nt, keep it no maintainance, girl freindly,within budget and within the scope of their expectations . What I learned that was hard to except initially is that I lost to the female vote. I make masculine art that appeals to guys, My competators suggested projects that matched the surrounding decor better in terms of color and content and that's what the ladies voted for. There's no way to know who'll be on the selection committy, or what their aesthetics will be so you might as well be true to yourself and purpose what's in your heart but in the end the character of the committy will assert itself through the vote and that's what the people will get. Public institutions hire numerous strong females who's oppinions count ( they're awesome ) so I'd consult with like minded folks before submitting a purposal. Maybe I'm expressing the warped opinion of a sore loser but it was'nt until I put on my wifes girl glasses that I could see why the winners work was indeed more appropriate than my own. I'm not making a judgement, just saying that a female administrators aesthetic opinion can be a real factor in a competion and that it is a little different than that of the old school all boys club. I went shoe shopping with my wife and daughter today and I still can't understand why they didn't select a pair of all leather, insulated, steel toed work boots. I'm hopeless.
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