A Resource Guide forArtist–Community Collaborations

Enriching Communities

Department of Tourism, Culture and Recreation

2011

Mural artists Derek Holmes & April Norman (Photo courtesy of the City of St. John’s)

Many communities in Newfoundland and Labrador recognize the potential of the arts as a vehicle for community economic development and revitalization.

Several towns in the province are now known for their music festivals, dinner theatres, outdoor murals and artist-in-residence programs. These “creative economies” are att racting visitors and building community pride.

Artist-community collaborations bring together professional artists and the broader community in creative and collaborative partnerships. Sometimes, the community initiates the collaboration. For example, a community group may identify the town’s many walls as a blank canvas suitable for depicting the town’s history and making it more att ractive to visitors. The community may then commission an artist to create murals. Alternatively, a local or visiting artist, perhaps inspired by the natural or cultural surroundings, may approach a community to undertake a project such as a summer reading series.

Why and how might artists and communities collaborate on such creative ventures? What are the benefi ts to the community? To the artist? What are the ingredients for a successful collaboration? What should both parties know about their respective rights and responsibilities? And what kinds of agreements should be in place to protect the artist’s copyright?

This resource guide is intended for both communities and artists. Its purpose is to illustrate some of the mutual benefi ts, provide examples of diff erent kinds of collaborations, and help participants understand their fi nancial and legal obligations.

For the purpose of this guide, a community is broadly defi ned as a:

o geographical community (e.g., a town or a region)o group of people who have common interests defi ned by place, tradition

or purpose (e.g., heritage organization, community-based service group, recreational, educational or religious organization, local businesses), or

o group of people that share a common experience (e.g., veterans).

INTRODUCTIONintroducti onINTRODUCTIONintroducti onINTRODUCTION

Communities that embrace the idea of the Creative Economies – that is, those who recognize that “place, culture, creativity and economic livelihood are pretty powerful and important elements in daily life,” may be in a good position as global competitors. But � rst, they need to � nd “authenticity and value the unique nature

of their place.”

Tom Borrup, � e Creative Economy: Views from Abroad

2.

An artist (or artisan) is defi ned as:

a person who creates works of aesthetic and/or cultural value in one or more artistic disciplines including:

o literary arts (writing, publishing)o performing arts (theatre, music, dance)o visual arts (painters, printmakers, sculptors and other producers of two or three-

dimensional art including ‘vernacular’ or folk and craft arts – from boat building to rug hooking)

o media arts (fi lm, television, web-based, and radio/audio production).

Partnerships between artists and communities benefi t many aspects of

community life, from cultural growth, quality of life, and identity and spirit, to education, training, and economic regeneration. For artists, such collaborations can provide important revenue and opportunities for artistic growth.

Benefi ts to the community include:

o recognizing, valuing and reviving local assets (e.g., natural or cultural heritage, local traditions)

o identifying and mobilizing community strengths and assets (e.g., volunteer base, local businesses, individual skills and knowledge)

o commemorating or celebrating local history or a cultural evento complementing ongoing activities and att ractions for visitors and residentso increasing visitors and tourism dollarso making the community more att ractive to new residents as:

o investors in local propertieso investors in business ventures

o increasing local skills and professional development (e.g., through the acquisition of new business, cultural, media skills)

o engaging local youth:o providing job opportunities and new skills, encouraging them to remain

in the communityo introducing them to a variety of careers in the arts - from creating art to

managing arts ventures and projectso providing opportunities for the audience/community to interact with the artist

or learn about the art formo revitalizing the community (e.g., instilling a sense of community togetherness, a

pride of place, inspiring community-building eff orts)o helping a community to see itself in new ways.

benefi tsBENEFITS OF ARTIST-COMMUNITY COLLABORATIONS

English Harbour Arts Centre (Photo courtesy of the English Harbour Arts Association)

3.

Benefi ts to the artist(s) include:

o providing opportunities to expand existing audiences o providing opportunities to create new audiences o generating new sources of income through collaborative ventureso generating ongoing income through licensing fees (e.g., product sales through

community ventures)o providing opportunities to explore new works, ideas, mediums, skillso providing opportunities for increased recognition (e.g., through awards, media

reviews, publicity)o providing opportunities for arts marketingo expanding opportunities for future partnerships, collaborations and commission

work.

Identifying what is authentic and unique about the community is an

ideal focus for a creative collaboration. A good starting point for communities is to take an inventory of local assets. Consider both tangible and intangible assets:

o natural (e.g., scenic vista, natural landmark, rare natural resource)o built, cultural or heritage (e.g., historic property or street, att ractive/traditional

sett lement patt ern, abundance of rock walls or traditional fences)o intangible (e.g., birthplace of a famous person, renowned regional cuisine or

local foodstuff s, local traditions or customs, a unique history, ideal location to see natural occurrences such as icebergs, caribou migration, northern lights).

The following are some examples of artist-community collaborations.

Visual Arts(Visual artists include painters, printmakers, sculptors, landscape artists, ceramists, photographers, textile and folk artists)

o hosting a community festival focused on visual artso commissioning a piece of art (e.g., sculpture, stained-glass installation, mural) to

enhance a community and commemorate aspects of local historyo commissioning site-specifi c land art (e.g., a landscape artist uses earth materials

such as stone or living plants to create an art piece such as a stone maze)o collaborating to create a piece of art (e.g., members of a community work with

the artist on a large-scale piece of textile art)o hosting a visual artist-in-residence program o commissioning a photographer to produce a visual storyboard for a heritage

site.

EXAMPLES OF ARTIST-COMMUNITY COLLABORATIONSexampleswork.

exampleswork.

EXAMPLES OF ARTIST-COMMUNITY COLLABORATIONSexamplesEXAMPLES OF ARTIST-COMMUNITY COLLABORATIONS

Silkscreening (Photo courtesy of the English Harbour Arts Association)

4.

Performing Arts(Performing artists include dancers, musicians, actors, playwrights, storytellers)

o commissioning theatrical pieces on historical themes/local stories o inviting theatre companies to use local facilities (e.g., museums, historic sites,

outdoor landscapes) as venues for theatrical presentationso commissioning dramatized walking tourso hosting dinner theatre (e.g., dinner with plays, poetry and/or music)o staging a local music festival o engaging musicians to offer performances as part of programming at a museum

or historic siteo commissioning a piece of music related to a local historical subject/story (e.g.,

song, opera, musical)o hosting a dance (traditional or contemporary) festival o hosting a comedy festivalo hosting a puppet festivalo collaborating on a performance camp (e.g., traditional music and/or dance)o inviting a dance troupe to hold regular traditional dance evenings.

Literary Arts(Literary artists include authors, writers, storytellers, poets, playwrights)

o hosting a writers’ festivalo inviting writers and poets to read at local venues (e.g., museum/heritage sites,

businesses, schools, libraries)o commissioning the writing of books on historical subjects including works of

non-fiction (e.g., community history) and fiction (e.g., children’s book)o hosting a writer-in-residence programo hosting a writers’ colony or retreato exhibiting poetry and/or hosting readings by poets in public places.

Media Arts(Media artists include film and video-makers, photographers, audio (sound) artists)

o hosting a film and video (e.g., adventure, experimental) festivalo commissioning a filmmaker to document a local event, historical subject or

person (e.g., film/video used in museum or televised)o commissioning an audio artist to produce an audio walk (e.g., taping nature

sounds of a local forest trail for use in a museum, or as a self-directed walk).

Tradition-bearers(Traditional-bearers include storytellers, artisans)

o inviting tradition-bearers to provide talks/demonstrations of their skillso hosting a tradition-bearer-in-residence programo hosting a storytelling festival.

5.

Brigus’ Landfall Trust capitalized on several local assets – a heritage property, scenic vistas, historical connection to the arts – to promote a unique arts collaboration

with local and international artists. Its artist-in-residence program adds value to the community by increasing awareness of the town, and advancing educational and programming opportunities for local school children and the general public.

Participants in artist-community collaborations should be committ ed to cooperation, fl exibility and mutual benefi t. Well-founded collaborations have these features:

o a good match: the working style and skills of the artist are suited to the interests and goals of the community

o concrete and att ainable goals for the collaborationo understanding, trust and mutual respect between the partnerso understanding each other’s culture and ways of doing business (i.e., a

community is limited by time and human and fi nancial resources; an artist needs time to explore ideas and mediums. The key to both is clear and honest communications around expectations and deliverables. Be prepared to compromise; put deadlines in writing)

o defi ned roles that carefully set out responsibilitieso suffi cient funding to carry out the projecto adequate compensation for individuals involved in the projecto good communication between partnerso high artistic standardso formal writt en agreements that clearly defi ne the work, permitt ed uses of the

work, and the partners’ roles, responsibilities and obligations.

“A Word about Artists”

How do artists make a living?Generally, artists must pursue many income streams to earn a living through, for example: the sale, resale (e.g., magazine articles) or licensing of their work (e.g., reproduction of an image for merchandizing); performances (e.g., readings), workshops (e.g., teaching amateur/professional artists); grants (e.g., from government or not-for-profi t organizations); and commissions, or orders, from patrons or institutions (e.g., creating a public sculpture). Professional artists must oft en supplement their income through work unrelated to their art.

Who is an artist? A professional artist is someone who: has specialized training in an artistic fi eld (not necessarily formal education); is recognized as a professional by his/her peers (artists working in the same artistic discipline); and, is committ ed to devoting the bulk of their time, if fi nancially possible, to artistic activity.

Why do artists do what they do?Artists create art for many diff erent reasons. For professional artists, it is oft en about experimentation, critical analysis and using a creative medium to explore, question and understand ideas important to the artist and to society.

“A Word about Artists”

How do artists make a living?Generally, artists must pursue many income streams to earn a living through, for example: the sale, resale (e.g., magazine articles) or licensing of their work (e.g., reproduction of an image for merchandizing); performances (e.g., readings), workshops (e.g., teaching amateur/professional artists); grants (e.g., from government or not-for-profi t organizations); and commissions, or orders, from patrons or institutions (e.g., creating a public sculpture). Professional artists must oft en supplement their income through obtaining corporate work or having a ‘day job.’

Who is an artist? A professional artist, as defi ned by Canada Council, is someone who: has specialized training in an artistic fi eld (not necessarily in academic institutions); is recognized as a professional by his/her peers (artists working in the same artistic tradition); and, is committ ed to devoting more time to artistic activity, if possible, fi nancially.

Why do artists do what they do?Artists create art for many diff erent reasons. For professional artists, it is oft en about experimentation, critical analysis and using a creative medium to explore, question and understand ideas important to the artist and to society. Artists also make art to contribute to discussions on important issues, challenge stereotypes and question beliefs, engage in social commentary, tell stories, as well as to keep heritage alive and history remembered.

“A Word about Artists”

How do artists make a living?Generally, artists must pursue many income streams to earn a living through, for example: the sale, resale (e.g., magazine articles) or licensing of their work (e.g., reproduction of an image for merchandizing); performances (e.g., readings), workshops (e.g., teaching amateur/professional artists); grants (e.g., from government or not-for-profi t organizations); and commissions, or orders, from patrons or institutions (e.g., creating a public sculpture). Professional artists must oft en supplement their income through work unrelated to their art.

Who is an artist? A professional artist is someone who: has specialized training in an artistic fi eld (not necessarily formal education); is recognized as a professional by his/her peers (artists working in the same artistic discipline); and, is committ ed to devoting the bulk of their time, if fi nancially possible, to artistic activity.

Why do artists do what they do?Artists create art for many diff erent reasons. For professional artists, it is oft en about experimentation, critical analysis and using a creative medium to explore, question and understand ideas important to the artist and to society.

ingredientsINGREDIENTS FOR SUCCESS

6.

When an artist and a community organization enter into an agreement, it benefi ts both parties to understand what they legally can and cannot do with creative

work.

What is copyright?Copyright is the protection that an artist automatically receives for a work of art that they have created. Just as the inventor of a new product has rights, so the creator of a painting, a book, a piece of music, or other creative work owns the rights to his/her work.

Such works may include:o literary works (books, pamphlets, poems,magazine articles)o dramatic works (fi lms, videos/DVDs, plays, screenplays, scripts)o musical works (compositions consisting of words and/or music) o artistic works (paintings, drawings, maps, photographs, sculptures,

architectural works) o sound recordingso performer’s performances (e.g., that of actors, musicians, dancers, singers)o designs for visual works to be executed by a community (e.g., tapestry, mural).

Copyright means the artist owns the right to copy and reproduce the work, and has the right to be compensated for its use over a period of time. These uses include:

o selling copies of ito selling the rights of related works (e.g., fi lm rights of a novel, commercial

reproductions of a painting)o distributing the work.

Copyright expires fi ft y years aft er the death of the artist. At that time, the work enters public domain. This means that the work may be reproduced without infringing upon the rights of the artist’s estate.

Why does copyright exist?

Copyright gives the artist rights:

Economic rights provide the artist with the sole right to make reproductions or to grant someone else permission to do so. This right also entitles the artist to receive payment for exhibition rights.

In many instances, copyright fees are the main source of income for artists. Even aft er the sale of the original work, the artist can continue to generate revenue from a work (e.g., in exhibition, reproduced in magazines, or digital, online publication).

Moral rights relate to the integrity of the work. Moral rights prevent others, including those who purchased the work, from altering, distorting or using the work in a way that hurts the reputation of the artist.

copyrightOVERVIEW OF COPYRIGHT

7.

Some exceptions:

There are exceptions that allow others to use an artist’s work in certain circumstances without paying the artist. For example:

o individuals may use the work for private study, research or critique. Schools may do a live performance of the work (providing it is not-for-profi t) as long as the artist is credited.

o if the artist uses their painting, pott ery design, etc., as a model or patt ern to produce over 50 single useful items, the design is considered as an industrial design and is not protected under the Copyright Act but under the Industrial Act.

So, can a community or group use an artist’s image on a postcard? The simple answer is that the image is copyrighted; therefore, the community needs the permission of the artist and must enter into a licensing agreement in order to reproduce the image. Copyright is a complex issue. The above is intended only to provide general information on copyright issues. Community groups and artists alike should contact the relevant organizations listed in the resource section of this guide for guidance on copyright issues and on compensation for artists. Communities and artists are advised to consult a lawyer familiar with copyright law for assistance in drawing up contracts.

It is important that an agreement to collaborate be put in writing in the form of a contract. A writt en contract

establishes each party’s rights and expectations. It protects both parties. Each is legally bound to the terms of the agreement.

The following information provides guidance and advice of a general nature. It is not a substitute for professional legal consultation.

Contract basics:

Consider a community that wants a series of outdoor murals and is negotiating with a professional artist. The community draft s a comprehensive writt en agreement to avoid potential misunderstandings and ensure that the work meets the standards of the community and artist, and is completed on schedule. The scope of the project is clearly mapped out. The roles and responsibilities, goals and anticipated results are plainly outlined. A communication schedule (who will be communicating with the artist and when) and a dispute resolution mechanism might be included. The issue of merchandizing of the image through a license agreement is addressed. Elements of the contract might include, but not be limited, to the following:

contractsCONTRACTS & LICENSING AGREEMENTS

Musicians at the W

oody Point W

riters’ Festival (Photo: David Stromberg)

8.

o legal names of the employer/patron and the professional artisto effective date of the contracto scope of the worko timeline (start date, dates to deliver a preliminary design and final design,

project completion date)o preliminary and final design (details on approval process)o artist fee and expenses (with a disbursement schedule including an advance)o insurance and risk of loss (details on each party’s responsibilities)o maintenance and repair (details on each party’s rights and responsibilities for

the finished work)o intellectual property (detailing artist copyright and, if applicable, granting of

license rights) o resale rights (details on artist’s fee entitlement)o termination (terms under which contract can be terminated).

Each contract will be unique and depend on the type of artist-community collaboration, whether it is a one-time commission, a recurring event or ongoing venture. A good starting point for both artists and communities is the ‘Written Contract Checklist’ (see resources section in this guide). Several model contracts are also available online to help partners in their contractual obligations (see resources section in this guide).

License agreements:

When a community partner wishes to use an artist’s creative work for purposes other than that originally intended (e.g., for display), it is necessary to seek a licensing agreement. This might include obtaining a license to:

o reproduce a mural image for merchandizing (e.g., gift items for sale) or for promotions

o reproduce a writer’s residency work in brochures, websites or publicationso use an actor’s performance in a televised or web-based advertisement.

The Canadian Copyright Act enables the artist to license his/her own work. The person seeking the license should negotiate the fee and other details with the artist. Sometimes, the artist is a member of a copyright collective (e.g., CARCC: the Canadian Artists Representation Copyright Collective) that is authorized to license the use of the artist’s work. In that instance, the license must be obtained from that organization.

A written license agreement is a “permission to use” required by the user to make a reproduction, hold an exhibition, etc. The license authorizes, for example, the number of copies a user may make and what fees are to be paid for that use. Examples of licenses that may be sought include:

o reproduction (reproducing a work in any material form)o reprography (making copies of previously published works)o exhibition (presenting at a public exhibition, for a purpose other than sale or

hire) that may not have been covered in the original agreement (e.g., travelling exhibit).

Jessica Grant, Woody Point Writers’ Festival (Photo: David Stromberg)

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For more information on license agreements and copyright organizations, see the resources section of this guide.

Both parties to artist-community collaborations can reap signifi cant benefi ts. To ensure the experience – and the results – are worthwhile, it is important to

understand each other’s needs, communicate expectations, construct a well thought-out plan and create a writt en contract that spells out commitments.

• Canadian Copyright Act. htt p://laws.justice.gc.ca/en/C-42 • Canadian Copyright Collective Societies. A comprehensive

guide to copyright information and collective societies. www.cb-cda.gc.ca/societies-societes/index-e.html

• Canadian Industrial Designs Act. htt p://lois.justice.gc.ca/eng/acts/I-9 • Cullihall, Kellie & Brian Perry. Demystifying Copyright. Abridged for Visual

Artists from: A Guide to Canadian Copyright Basics for Writers, Performers, Musicians and Artists. www.carfacontario.ca/images/demystifying_copyright.pdf

• Model contracts: CARFAC Saskatchewan has several model contracts available online for visual artists and their engagers. www.carfac.sk.ca

• Sanderson, Paul & Ronald N. Hier, CARFAC Ontario 2006. Artists’ Contracts: Agreements for Visual and Media Artists. Information on the essentials of contractual agreements, how to draft and negotiate them, and what to do if disputes should arise.

• Writt en Contract Checklist. Saskatchewan Ministry of Tourism, Parks, Tourism and Sport. A useful tool for artists and those who engage the services of artists. www.tpcs.gov.sk.ca/contract-checklist

National Copyright Collective Societies:

• Access Copyright. Licences public access to copyright works. www.accesscopyright.ca

• ACTRA Performers’ Rights Society. www.actra.ca/actra/control/prs • AVLA (Audio-Video Licensing Agency). Licences the exhibition and reproduction

of music videos and the reproduction of audio recordings for commercial use. www.avla.ca

• CARCC (Canadian Artists Representation Copyright Collective). Administers and collects copyright fees for visual and media artists in Canada who have assigned their copyright to it. www.carcc.ca

• CSCS (Canadian Screenwriters Collection Society). Collects and distributes secondary authors’ levies to which fi lm and television writers are entitled. www.wgc.ca/cscs

• Playwrights Guild of Canada. Agent for the distribution of rights and collection of royalties. www.playwrightsguild.ca

resourcesRESOURCES

summarySUMMARY

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• SOCAN (Society of Composers, Authors and Music Publishers of Canada). Administers performing rights by licensing the use of members’ music in Canada. www.socan.ca

Provincial Arts Organizations:

• ACTRA Newfoundland/Labrador. http://www1.actra.ca/stjohns • Music NL. www.musicnl.ca • Visual Artists of Newfoundland and Labrador (VANL-CARFAC).

http://vanl-carfac.com• Writers Alliance of Newfoundland and Labrador (WANL). http://wanl.ca

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