Common use of ARTIST’S RIGHTS Clause in Contracts

ARTIST’S RIGHTS. A. The City shall provide and install, at the City’s expense, a plaque on or near the Artwork, containing a credit to the Artist and identifying the title of the Artwork. If requested by the Artist, the plaque shall also identify the fabricator of the Artwork. If the plaque is to be placed on the Artwork or on a pedestal holding the Artwork, placement should be made in consultation with the Artist. The City shall make efforts to maintain such plaque and notice in good repair. B. The City shall have the right to determine, when and if repairs and restorations to the Artwork will be made. During the lifetime of the Artist, the City will make best efforts to give the Artist the opportunity to make or personally supervise significant repairs and restorations of the Artwork. The Artist shall be paid a mutually agreed-upon fee for any such services, provided that the City and the Artist shall agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist’s fee for such services. All repairs and restorations shall be made in accordance with recognized principles of conservation. C. City agrees to use best efforts to implement the Artist’s suggested maintenance plan to protect the Artwork from modifications resulting from the passage of time or the inherent nature of the materials used to create the Artwork. The City agrees to allow the Artist to disclaim authorship and attribution of the Artwork if the City intentionally distorts, or mutilates the Artwork, as determined solely by the City. Artist agrees that, regardless of the City’s implementation (or lack thereof) of any maintenance plan, modification of the Artwork by: (1) a third-party; (2) the City’s conservation efforts; (3) the passage of time; (4) the inherent nature of the materials of the Artwork; (4) the weather; (5) any natural event; (6) or any unintentional modification of the Artwork, does not constitute a modification of the Artwork for purposes of disclaiming attribution of authorship. D. The rights provided to the Artist in this Section 15 are in lieu of any rights that the Artist may have under VARA, or any other applicable remedy at law or equity.

ARTIST’S RIGHTS. A. The City shall provide and install, at the City’s expense, a plaque on or near the Artwork, containing a credit to the Artist and identifying the title of the Artwork. If requested by the Artist, the plaque shall also identify the fabricator subcontractors of the Artwork. If the plaque is to be placed on the Artwork or on a pedestal holding the Artwork, placement should be made in consultation with the Artist. The City shall make commercially reasonable efforts to maintain such plaque and notice in good repair. B. The City shall have the right to determine, when and if repairs and restorations to the Artwork will be made. During Where, in the lifetime of event that graffiti or vandalism occurs on the ArtistArtwork, the City will make best efforts request the Parks and Public Lands Graffiti Removal Team confer with the artist to give repair and restore the artwork. In the case that damage caused by graffiti or vandalism is beyond the scope of regular graffiti removal efforts, the City will request the Artist the opportunity to make or personally supervise significant repairs and restorations of the Artworkrepair any remaining effected areas. The City will compensate the Artist shall be paid a mutually agreed-for time and material costs, according to an agreed upon fee for any such services, provided that rate between the City and the Artist shall and in line with national standards at the time of the event. If the City and the Artist cannot agree in writingupon time and materials costs for repair, prior to the commencement City may remove the artwork at the sole discretion of any significant the City or make repairs or and restorations, upon the Artist’s fee for such services. All repairs and restorations shall be made in accordance with recognized principles of conservation. C. City agrees to use best commercially reasonable efforts to implement the Artist’s suggested maintenance plan to protect the Artwork from modifications resulting from the passage of time or the inherent nature of the materials used to create the Artwork. The City agrees to allow the Artist to disclaim authorship and attribution of the Artwork if the City intentionally distorts, or mutilates the Artwork, as determined solely by the City. Artist agrees that, regardless of the City’s implementation (or lack thereof) of any maintenance plan, modification of the Artwork by: (1) a third-party; (2) the City’s conservation efforts; (3) the passage of time; (4) the inherent nature of the materials of the Artwork; (4) the weather; (5) any natural event; (6) or any unintentional modification of the Artwork, does not constitute a modification of the Artwork for purposes of disclaiming attribution of authorship. D. The rights provided to the Artist in this Section 15 are in lieu of any rights that the Artist may have under VARA, or any other applicable remedy at law or equity.