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10.4 Legal and Copyright Issues in Public Art

4 min readLast Updated on July 30, 2024

Public art projects are a minefield of legal issues. From copyright and contracts to zoning laws and First Amendment rights, artists and commissioners must navigate a complex landscape. Understanding these legal challenges is crucial for creating and preserving public art.

Contracts, licenses, and copyright protection form the backbone of public art legalities. Artists must safeguard their rights while commissioners balance public interests. Legal disputes often arise over artwork removal, controversial pieces, and copyright infringement. Knowing how to handle these issues is key to successful public art projects.

Federal, State, and Local Laws

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  • Public art commissions and installations are subject to a complex legal framework that includes federal, state, and local laws and regulations
  • Key federal laws impacting public art:
    • Visual Artists Rights Act (VARA) grants certain moral rights to artists
    • Copyright Act governs the ownership and use of creative works
  • State and local laws may impose additional requirements or restrictions on public art:
    • Zoning ordinances
    • Building codes
    • Historic preservation rules
  • Public art projects often involve multiple stakeholders, each with their own legal rights and interests:
    • Artists
    • Commissioning entities
    • Property owners
    • Community members
  • Legal issues that may arise in public art projects:
    • Intellectual property rights
    • Contractual disputes
    • Liability concerns
    • First Amendment challenges

Contracts and Key Elements

  • Contracts are essential tools for defining the rights, responsibilities, and expectations of all parties involved in a public art project
  • Key elements of a public art contract may include:
    • Scope of work
    • Timeline
    • Budget
    • Ownership and maintenance responsibilities
    • Termination provisions
  • Licenses grant permission to use copyrighted works (images or designs) in a public art project
    • Licenses may be exclusive or non-exclusive
    • Licenses may impose limitations on the use of the licensed material
  • Copyright law grants exclusive rights to the creator of an original work:
    • Right to reproduce
    • Right to distribute
    • Right to display the work publicly
  • In most cases, the artist retains the copyright to their work, even if the physical artwork is owned by another party
    • Contracts may include provisions that transfer or license certain copyrights to the commissioning entity
  • The Visual Artists Rights Act (VARA) grants additional moral rights to artists:
    • Right to prevent the destruction or alteration of their work in certain circumstances

Removal or Relocation of Artworks

  • The removal or relocation of public artworks has been the subject of numerous legal disputes, often centered on issues of copyright, moral rights, and freedom of expression
  • Serra v. U.S. General Services Administration: Artist Richard Serra sued to prevent the removal of his site-specific sculpture "Tilted Arc" from a federal plaza in New York City, arguing that the removal violated his moral rights under VARA

Public Funding and Controversial Artworks

  • The use of public funds for controversial or politically charged artworks has also sparked legal challenges
  • People for the American Way v. Giuliani: The mayor of New York City threatened to cut funding for the Brooklyn Museum over an exhibit he deemed offensive
  • Copyright infringement claims have arisen in cases where public artworks incorporate or reference existing works without permission
  • Kienitz v. Sconnie Nation LLC: A photographer sued a t-shirt company for using his image of the mayor of Madison, Wisconsin in a satirical design

Property Rights and Public Art

  • Legal disputes over public art can also involve issues of property rights
  • 5Pointz case: A group of graffiti artists sued a building owner for destroying their murals without proper notice under VARA

Contracts and Documentation

  • Artists and commissioning entities should work with experienced attorneys to draft clear and comprehensive contracts that address key legal issues and potential risks
  • Contracts should specify the ownership and licensing of intellectual property rights, including copyrights and moral rights, and should address issues such as:
    • Reproduction
    • Attribution
    • Modification of the artwork
  • Artists should carefully document their creative process and retain records of all agreements, licenses, and permissions related to their work
  • When incorporating existing works or referencing third-party content in a public art project, artists should obtain necessary licenses and permissions to avoid copyright infringement claims

Local Laws and Regulations

  • Artists and commissioning entities should be aware of local laws and regulations that may impact the creation, installation, and maintenance of public artworks
  • Work with local authorities to ensure compliance

Communication and Community Engagement

  • Effective communication and community engagement can help build support for public art projects and mitigate potential legal challenges or controversies


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© 2025 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.