§ 4-22.09. Artist and Designer Rights.
Artists and designers who create Art Projects under this chapter shall have the following rights under this chapter:
(a)
Art Projects and art concepts cannot be altered, modified, removed, or moved from a site which is integral to the concept of the work without the artist's written permission. If a work, nevertheless, has been significantly altered, the artist/designer shall have the right to disclaim authorship. If the City's best and reasonable efforts to contact the artist/designer and receive written permission have failed, the City may proceed with its plans to alter, modify, remove, or move an Art Project from its site.
(b)
Maintenance of Art Projects shall be the responsibility of the City, not the artist or designer.
(c)
Repairs and restorations shall be the responsibility of the City. The City shall notify the artist or designer before repairs or restoration in order to provide an opportunity for comment. If that which needs care is art work separate from a building or not integral to the architecture, the City may offer the artist or collaborative team the right to do the work or to supervise it. The City shall reserve the right to make minor and/or emergency repairs without consulting the artist or designer so long as those repairs are done according to the "Materials and Care" instructions that the artist/designer must provide at the time of acquisition.
(d)
The artists/designers are entitled to pay according to the current national rate, unless otherwise agreed upon by the artist.
(e)
Copyright of public art works and art concepts shall belong to the creator(s), but the City must be granted the right to make two-dimensional reproductions for noncommercial purposes in the contract.
(f)
An artist or designer involved with creating an art work, or act concept shall have rights to supervise construction, fabrication, and/or application of ideas when done by third parties for the purposes of quality and design control.
(Ord. No. 3617-C.S., § 1, effective 6-12-15)