Projects for public spaces can involve so many different partners. This makes contracts vital, for artist and commissioner.
A contract is what both the artist and the commissioner agree that you as the artist will deliver. You both have a responsibility to draft and review the contract so that you are both happy with it, and so that it creates security that a project will be delivered in a certain way. The contract will then be referred to if either of you are unable to deliver what it is you agreed to.
What is in a public commission contract?
What commissioners should include
- Honesty and clarity on what is needed
- Agreed aims and objectives for the project
- Explain if there is a chain of contracts – the commissioner may be contracted by another client to deliver the project
- Include health and safety issues, public liability, CRB checks etc.
What the artist should check and consider
- Agree a time to review the contract during the process
- Get further advice if unsure
- The contract will tie you in legally to deliver, but also to receive payment
- Provide insurance, public liability and health and safety information to the commissioner
- Provides you with copyright and authorship of work, intellectual property
Key points a contract should include
- The Commission – including the brief and criteria
- Scope of the work – exactly what the artist is responsible for
- Acceptance and completion of work – including outline of services and/or products that you as the artist need to deliver before the work is considered ‘complete’
- Responsibilities of commissioner – what they will agree to do for you
- Delivery of work – responsibilities of the artist
- Fees and Payments – including delivery timeline and payment schedule
- Ownership of the work
- Copyright and reproduction rights
- Credits and moral rights
- Termination of Agreement – by the commissioner and by the artist
- Disputes
More specifically, it should cover
- Timescale
- Dimensions and materials
- Additional costs to be covered (e.g. travel)
- If and when the work can be decommissioned
- If and when (and where to) the work can be removed, and for what reasons
- Whether you will be able to borrow back the work for exhibitions in future
Defining the scope of the work is probably the most important aspect of the contract. Defining this as tightly as possible is especially important when delivering something physical and permanent for a public space. Physical objects or structures require preparatory work on site, installation supervision from other professionals, consultation and health and safety sign off. Make sure it is clear what you are responsible for and what you are not.
More information on public commissions and contracts can be found in the Artlaw website articles, Public Art Commissions part one and part two, and the Commissioning an Artist overview also includes possible contracts for you to tailor to your specific needs.
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