1. Copyright Ownership and Permission

One of the fundamental legal questions in public art is ownership. The first step in any public art project is to secure the rights to the wall or other space where the work will be placed and displayed. Before work begins, the artist or sponsoring organization and the owner of the property on which the art will reside must enter into a written agreement providing explicit permission to use the property for public art, among other issues, including: 

• Any maintenance and repair obligations,  

• Ownership of the work of public art (typically held by the property owner),  

• Ownership of the underlying intellectual property (typically retained by the artist),  

• Plans for what happens if the physical location or building is sold (does the agreement run to the new owner, effectively acting as an easement on the property?),  

• Consideration of whether the property owner can alter or destroy the work,  

• The specifications of the work of public art, including size, medium, and any content restrictions (i.e., no religious content, no sexual content, etc.),  

• Agreement on how long the work will stay up, and  

• The dates and times set for installation of the work, among other issues.  

2. 

   Moral Rights

Artists in some jurisdictions throughout the world have robust moral rights, which protect the artist’s personal and reputational interests in their work. In the U.S., though, moral rights are somewhat limited. However, in addition to copyright, thanks to the Visual Artists Rights Act (“VARA”) and common law, when it comes to public art, artists do have strong moral rights. These rights typically include: 

• Attribution: The right to be recognized as the creator of the work. 

• Integrity: The right to object to any derogatory treatment of the work, including destruction or mutilation. 

Artists should be aware of their moral rights and negotiate their inclusion in licensing agreements when working on public art projects, with specific reference to VARA. 

3. Zoning and Permitting

Public art installations may require compliance with local zoning laws and permitting processes. Many municipalities have specific regulations governing public art, which may include: 

• Permits: Some cities require artists and property owners to obtain permits before installing murals or other public art. This process may involve submitting designs for approval to ensure they align with community standards. 

• Zoning restrictions: Local zoning laws may dictate where murals or other public art can be located, particularly in historic districts or residential areas. 

• Content restrictions: Different local rules may apply depending on whether the public work touts a business or brand or if the work is purely artistic.   

Artists and property owners should consult local government websites or offices to understand the necessary permits and zoning regulations before starting a project. 

4. 

   Funding and Sponsorship

Many public art projects are funded through grants, sponsorships, or crowdfunding. Each funding source may come with its own legal considerations: 

5. Grant Requirements

When applying for grants, artists must adhere to specific guidelines that may include: 

• Reporting requirements: Grantors often require detailed reports on the project’s progress and outcomes. 

• Intellectual property rights: Some grants may stipulate ownership of the final work or require the grantee to license the work back to the grantor for promotional purposes. 

6. Sponsorship Agreements

If a business sponsors a mural, a formal sponsorship agreement is highly recommended. This document should outline the expectations of both parties, including: 

• Financial contributions: Clearly state the funding provided. 

• Branding and promotion: Specify how the sponsor’s brand will be represented, if at all. 

7. Community Engagement and Controversy

Public art is inherently a community endeavor, and engaging with local stakeholders is crucial. However, it also opens the door to potential controversies, especially if the artwork addresses sensitive social or political issues. Be prepared to engage on these matters. Art is subjective and is unlikely to please everyone.   

8. 

   Community Input

Some cities require public input for art projects, particularly those funded by taxpayer money. This process may involve public meetings or other processes providing public input. Failure to engage the community may lead to backlash, vandalism, or legal challenges. 

9. Controversial Works

Artists must consider the potential for controversy. While artistic expression is protected under the First Amendment, local governments may have the authority to remove or cover works that are deemed offensive or inappropriate. Artists should discuss potential content sensitivities with stakeholders to minimize the risk of backlash. 

10. Vandalism and Maintenance

Public art is often exposed to the elements and potential vandalism. Legal considerations regarding maintenance and restoration can arise and should be addressed in the agreement between the artist and the property owner. 

11. Liability Issues

Property owners and artists should clarify liability responsibilities in their agreements. For example, if a mural is vandalized, who bears the cost of repair? Who is liable if an individual brings a right of publicity claim because they are depicted in a mural with an arguably commercial message without their consent? These details should be explicitly outlined in the agreement between the artist and property owner to prevent potential misunderstandings. 

12. Preservation Laws

Some public artworks may fall under preservation laws, especially if they are deemed historically or culturally significant. Artists and property owners should be aware of any legal protections that may impact maintenance, restoration, and removal of the work. 

13. Insurance and Liability

Artists and property owners should consider obtaining insurance to protect against potential liability associated with public art projects. This may include: 

• General liability insurance, which covers injury or damage that occurs as a result of the art installation. 

• Property insurance, which protects against damage to the mural or public art itself. 

14. Indemnification Clauses

In contracts, indemnification clauses can protect one party from liability resulting from the actions of another. For instance, if the artist’s work leads to damage or injury, the property owner may seek indemnification from the artist. Indemnification provisions must be carefully considered. 

Conclusion 

Murals and other public art offer significant benefits to communities, but also come with a range of legal considerations. From ownership and copyright to government permitting and community engagement, artists, property owners, and other stakeholders must navigate these complexities carefully. By understanding and addressing these various legal issues, public art can thrive and be a significant source of community pride.  

________________________ 

Authors bio: 

 Co-founders of intellectual property law firm Crown® LLP, Elizabeth J. Rest and Owen Seitel have a passion for Advising Creativity®. Elizabeth is a brand builder and portfolio protector, focused on trademarks and copyrights, and Owen has more than 30 years of experience with commercial endeavors, transactions, and disputes involving intellectual property and broader business matters. They can be reached at elizabeth@crownllp.com and owen@crownllp.com.   

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As enjoyable as murals are meant to be for the viewer, lurking behind the scenes is a complex legal framework that governs the ownership, production, maintenance, and protection of murals as one-of-a-kind pieces of art and as investments in the property. The best way to protect both the muralist creating the art and the property owner commissioning it is to discuss the terms of engagement at the start and enter into a written agreement memorializing the parties’ understanding before the work begins. Having an experienced attorney draft the contract couldn’t hurt either.

So, what should a contract between a muralist and a property owner say? Here are a few of the questions to discuss and seek answers to.

Who Owns the Copyright to a Mural?

Copyright, in its most elementary form, means “right to make copies,” so understanding who will own the copyright to the image embodied in the mural is critical to the commissioning process. Hiring a muralist to paint an image on the outside of a building doesn’t automatically grant the property owner the right to replicate that image on T-shirts, posters, advertisements, or other commercial products. The “right to copy” that image is owned by the creator of the image unless the creator transfers that right in writing to the property owner. The owner of the copyright decides which permissions, if any, to grant to others, and for how long, in the form of a license.

After determining which party will own the copyright to the mural image, it’s always a good idea (though not required) to register the artwork with the U.S. Copyright Office and include a copyright notice on the mural itself — typically the copyright symbol (©), followed by the owner’s name and year of creation. Registration with the Copyright Office grants certain benefits to the copyright holder in cases of infringement, including access to federal courts, statutory damages, and recovery of attorney’s fees. The copyright registration fee is generally worth the price of admission.

What Licenses Are Needed for a Mural?

If the contract commissioning the mural states that the artist will create and own the copyright to the image, then the property owner should seek a license from the creator to replicate the image however they intend it to be used. The scope of a license can be broadly or narrowly defined, so long as the permissions granted are clear. For example, if a restaurant owner commissions a mural and wants to replicate it on their website, menus and staff uniforms, the restaurant must negotiate a license for those uses in the contract. A licensing agreement can also explicitly deny certain permissions, such as restricting the property owner from using the image for political causes or campaigns. Failure to clearly state and abide by a license’s scope of use can give rise to costly breach of contract claims and copyright infringement, so it’s important for both the muralist and property owner to determine authorized and unauthorized uses during the contract negotiation phase.

In a different scenario, if the contract for the mural states that the property owner will own the copyright to the image, then the artist may want to consider negotiating a limited license for themselves. As an artist’s work history forms their professional résumé, having permission from the copyright holder to showcase the commissioned work online and in the artist’s marketing materials can prove to be a valuable proposition. A license is especially important for the artist when the mural incorporates another business’s trademark.

Additionally, if the mural contains any references borrowed from other creators, such as images, styles, characters, names, or logos belonging to someone else, then whoever furnishes that reference must determine if a license is necessary to use it. Consider, for example, a mural replicating a photograph of a real-life person. In that case, two licenses may be required: one from the person whose likeness appears in the image and one from the person who owns the copyright to the photo. Some rights holders choose to be more aggressive than others when it comes to policing the use of their copyrights and trademarks, so copying or incorporating others’ works without their permission can be a costly risk for both the artist and the property owner. The contract commissioning the mural should state who is responsible for acquiring and paying for third-party licenses, if any are needed.

How Are Muralists Compensated for Their Work?

A contract between a muralist and a property owner should consider not only the overall fee for services, but also the timeline for payment of the fee. Oftentimes the fee will be paid in installments as certain benchmarks are met. For example, a property owner might agree in the contract to pay the artist 25% of the negotiated fee upfront to begin the design work, 25% after the design is approved, 25% after the image is outlined on the building, and 25% upon completion of the mural. Sometimes the fee schedule is simply half up front and half at the end. Whatever the payment provisions are, they should be clear enough for both parties to follow and enforce as the mural gets underway.

Who Maintains the Mural Over Time?

A contract commissioning a mural should state exactly how long the property owner is required to keep, protect and maintain the mural. After all, at some point, the property owner may want to repair it, paint over it or replace it with something new, so the duration or “term” of the maintenance period should be part of the negotiation.

Setting aside natural wear and tear, especially to outdoor murals, a property owner is expected to keep the mural intact for the duration of the term and actively protect it from avoidable destruction. In 1990, Congress passed the Visual Artists Rights Act (“VARA”), a law amending the copyright code, to help visual artists better protect themselves against the unauthorized modification, distortion, or mutilation of their works. In practice, VARA serves as an incentive for property owners to negotiate their own terms regarding the protection and maintenance of the mural in their contract with the artist.

Determining a mural maintenance system requires careful consideration in the contract. A muralist may have an interest in preserving the integrity of their art by requiring the exclusive right to restore it themselves (think images of the infamous botched restoration of the Spanish Ecce Homo Jesus fresco). Meanwhile, the property owner has an interest in protecting their investment in the mural, which may include regular touch-ups from the original artist. At the same time, an artist cannot be expected to tend to every mural they’ve ever created, indefinitely. Whether the artist commits to maintenance for the next few years, reserves the right of first refusal to service the mural or allocates all maintenance rights to the property owner, the most important thing is that the parties agree on a plan to preserve the mural during the term.

The above questions represent a small sample of the many questions a contract commissioning a mural should cover. Every contract is unique and informed by the specific needs, past experiences, and professional counsel of each party.

When executed well, a mural can turn a blighted eyesore into a shining crown jewel overnight and inspire a domino effect that transforms the neighborhood around it, too. That’s the beauty and power of art. With a bit of advanced planning, public art and mural installations can remain a viable, enjoyable experience for everyone — the artist, the property owner, and the community.

_____________________________

Beth Moore is of counsel in Arnall Golden Gregory LLP’s Atlanta office and co-chair of the Entertainment & Sports industry team. She can be contacted at beth.moore@agg.com.

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Some artists focused on the eerie silence left behind by the intense lockdowns from March to June, while others tried to find ways to spread hope, motivation, and courage even in this bleak time. Unsurprisingly, many graffiti and street artists have incorporated COVID-19 themes into their work this past year.

As the virus is under some control, and lockdowns are gradually being lifted across the world, people have started stepping outside with precautionary measures. Muralists are taking this as an opportunity to utilize public places to showcase art and spread awareness. Toilet papers, face masks, and disinfectants are some of the common subjects of street artists. However, others are emphasizing boosting immunity, enhancing will power, and staying fit.

Here, we share with you some of the most creative COVID-19 themed art adorning cities all over the world. These contributions are popping up with each passing day as artists are becoming more and more involved. Some well-known murals related to COVID-19 are:

The gratitude, dedication, and support provided by healthcare professionals during the COVID-19 crisis are the most common subjects in street art. One graffiti artist in London did a commendable job highlighting the contribution of doctors during the pandemic. In the mural picturized above, the artists paid homage to junior doctors.

He specifically highlighted the contributions of resident doctors because they are constantly putting their lives at risk, work more, and are paid less in comparison to the senior physicians. However, they are still working day and night with full enthusiasm. An artwork specially dedicated to the resident staff boosts their morale and show them that their contributions are appreciated.

At a time when street artists were focusing on common pandemic related themes, Italian street artist Laika took a different step and focused on the restaurant staff. Since eateries are now opening, Laika focused on a Chinese restaurant owner, Sonia, wearing a fully covered gown along with a face mask.

Sonia’s message in Italian translates to “There’s an epidemic of ignorance going around… we must protect ourselves!”The artist tried to give a message that though the restaurants are opening, precautionary measures are still important. People working at the restaurant are equally affected by the pandemic. Thus, they are back to work but at risk and following new operating procedures.

Another great example is seen in Amsterdam, where the famous street artist FAKE painted a nurse with a Superman logo, titled Super Nurse! The nurse is shown wearing a mask, which is a typical representation of COVID-19. What is unusual is that she has the “S” logo of Superman on the front of the nurse’s uniform, reminding everyone that nurses, along with other frontline workers, are the true superheroes. 

The idea is to highlight the exceptional role played by the nursing staff in this condition of turmoil. These nurses are putting their life in danger serving the COVID-19 patients. Not just in the critical care unit, they are also doing the testing. The artwork received great recognition and appreciation globally, and it was selected as a digital art installation in London.

In Germany, another street artist, Uzey, took up his paints to encourage people to stay strong despite the hardships the pandemic has brought. The art shows a fully covered person carrying a pack of COVID-19 germs in his hand. The picture reveals that no matter how covered a person is, the virus is everywhere. Thus, maintaining social distance and practicing isolation is the only safe solution. Various colors used in the artwork are intended to bring some light to the colorless life these days. This street art gives a friendly message to humanity and tries to boost morale.

In Indonesia, a campaign related to COVID-19 murals started in August 2020. This street art in Jakarta quickly gained popularity as it depicts the message very clearly and powerfully. It highlights many things: firstly, it shows that the man is carrying a shield, which is somewhat similar to a mask, and therefore subconsciously, you are made to think that wearing a mask is the best defense against the virus.

Secondly, it brings a message of hope for the masses – it gives strength to the affected individuals for regaining their health. People who are still in a state of fear can also get some motivation from the thought-provoking art. It shows that we can fight and overcome any germ or virus, only if we have the will and if we take the right measures.

Some fans even interpreted the painting with respect to organizations that stood firm to safeguard society. Most notably, healthcare and human service organizations, but also small businesses and individuals initiated small efforts to help their communities from the financial and emotional effects of the pandemic.

For instance, many individuals started campaigns to buy from small businesses in their community to keep them from going out of business. Similarly, small businesses, like cleaning companies, started offering door-to-door and contact-less services for the safety of their clients.

Another street artist drew this painting of a nurse who is covered from head to toe in a gown, gloves, and face mask. She is portrayed as an angel of love with colorful wings. The artist showed how the nurse is ready to go for work. Such contributions for supporting the doctors, nurses, testing professionals, and the janitorial staff seems valuable in this crucial time. These people are the real heroes who are diligently performing their duties in high-risk areas.

Conclusion

In short, COVID-19 murals are brightening the streets across the globe. From humorous and playful styles to more serious and sympathetic themes, street artists have done an excellent job highlighting the issue. From highlighting the importance of healthcare workers to aiming at reviving the mood of infected individuals, each has highlighted the importance of working through the pandemic together.

Along with the artists mentioned here, tons of other artists like Pebsy, Pyritt, AFK, Jesus Cruz, and many others have made valuable contributions. They’ve expressed a collective feeling of fear, rage, and frustration developed during the lockdowns and isolations. And they have also helped us in regaining lost hope.

Thinking out of the box and taking out time in stenciling and painting the walls is a commendable step in uniting the society in this unprecedented time. Was one your favorite?

Author Bio:
Nouman provides ghostwriting and copywriting services. His educational background in the technical field and business studies helps him in tackling topics ranging from career and business productivity to web development and digital marketing. He occasionally writes articles for carpet cleaning. 

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The vivacious and colorful mural called ‘The Story of Bangalore’ was designed and painted by the Aravani Art Project, a collective that uses public art and wall art projects to spotlight the relationship between transwomen and women in public spaces. The Project was commissioned by the Museum of Art & Photography (MAP), whose flagship building is just being built and will open to the public sometime next year. Hugging a corner of MAP’s building site, the mural captures the myriad communities that live and breathe in the vibrant, urban landscape of the city—from migrant workers who have built the glass-facade buildings in the city’s technology parks to the IT workforce that populate them,  Bengaluru’s techies who have arrived here from different parts of the country and the world. The city’s traffic cops are also instantly recognizable in the mural with their distinctive cowboy hats, standing companionably alongside a person from the trans community. The entire artwork visually weaves together the stories and aspirations of hundreds of people who have made Bengaluru their home.

It is also an apt reflection of MAP’s vision of what the museum hopes to be, which is a space for unlocking stories for the community, through their extensive collection; narratives that the audience would want to hear, share and inspire others. And the mural begins that mission. It has caused masked commuters on their hurried way to pause mid-step, smile, and capture the scene with their phones, evoking a storm of selfies and social media posts that personalize their response. 

Sanjay Roy drives past the mural every day on his way to work and was actually able to follow its progress through the execution period, as the shapes and colors took form. He remarked, “During this time of the pandemic, as we head to our workspaces with a slight fear of the unknown, it was wonderful to see this burst of color emerge through an otherwise gloomy outlook. What was once an eyesore of construction-in-progress is now wrapped in a colorful mural depicting scenes of Bangalore that is so much more pleasing to the eye. I wish this lovely idea would be extended to all constructions across the city. It has also been fun trying to work out who is who in the Bangalore story on the mural.”

The mural and collaboration bring to focus a pertinent shift in the definition of a museum to one that is inclusive, diverse, and a driver of social development.  Museums today can no longer pose as institutions where objects are merely stored and occasionally exhibited. Instead, a museum needs to be a space for ideas and conversations that are initiated through its collections, commissions, and collaborations, to enable and spark audience engagement in multiple ways. This is at the very core of MAP’s ideology. Determined for museums to play a positive role in society, MAP’s vision — to bring art into the heart of the community — provides a framework for its strategy right from curatorial direction to programming, commissions, education, and outreach. Preserving the nation’s rich artistic heritage, of course, remains the primary goal for MAP; however, the museum also hopes to drive forward the positive role of a cultural institution in the shaping and progression of society.

As reflected even in ICOM’s (International Council of Museum) theme for this year’s International Museum Day, the issue of inclusivity is ubiquitous in the art community. With an aim to be institutions of social justice rather than just social value, museums all over the world are now pivoting their outlook and narrative to reflect the voices of people and communities from all walks of life, to make their collections, and the world of art in general, accessible to a wider audience. MAP believes that the role of art and culture as a soft power of global diplomacy needs to be utilized and emphasized, especially in the recent extremely polarized environment. 

MAP wants the public to move away from viewing museums as relics of the past, or storehouses of objects. On the contrary, museums need to be interactive and engaging spaces of storytelling, communication, ideas, and cultural exchange. Museums can and need to play a significant role in impacting and sensitizing the next generation to the heritage of a society, community, and nation. The collaboration with the Aravani Art Project is just one such step in MAP’s efforts to bridge the gap between museums and the community. 

Even prior to its official opening, MAP has carved an integral space for itself in the city by expanding its activities and outreach initiatives, such as a variety of educational programs, beyond the four walls of a traditional museum space. A timely pivot to the digital realm in the past few months and the introduction of a flurry of engaging workshops, seminars, and study packs, appealing to young children, teens as well as adults, has added another dimension to the whole cause of integration, inclusion, and accessibility in MAP’s mission. The soon-to-launch physical building of MAP will also offer a 360-degree approach to accessibility for people with special needs, in order to ensure a more holistic experience for visitors. 

Museums have great potential and responsibility to create engaging and meaningful experiences for their varied audience. Now, more than ever, museums and cultural institutions are being challenged to reinforce their relevance and social impact, and it is extremely important to make people aware of the power that lies within the scope of art, history, and culture to shape modern society. With the Aravani Art Project’s bright, exuberant, and thought-provoking imagery of the relation between the transgender community and the urban landscape of Bengaluru, MAP hopes to create ripples of ideological and perspectival change throughout the nation. 

Priscilla Roxburgh and Krittika Kumari are on staff at the Museum of Art & Photography.

About Aravani Art Project:

The Aravani Art Project is a women and transwomen art collective based in Bangalore, Karnataka. The project aims to create safe spaces for alternate voices through art. It has provided the third gender, outsiders to many communities, with an open platform to express their views about transgender rights and equality to a larger audience. Their projects include street art and art festivals in different public spaces in order to sensitize people and encourage exchange, discussion, openness, and debate surrounding gender identities. The project, in their own words, has given the transgenders the confidence to step out and interact with a community beyond their own.

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