Greater Geelong Public Art Strategy - Part B

Part B of the Greater Geelong Public Art Strategy: Connecting people, place and environment, details process.

Guidelines for public art delivery

These guidelines provide practical implementation processes involved in identifying and commissioning original works of art across a range of art form types and municipal contexts in response to the objectives established in Part A – Vision of this strategy.

A key recommendation made in Part A is for the development of a Public Art Priority Plan for the municipality to establish future directions and guide growth of Council’s collection of artworks in public places, for a period up to ten years. The plan would be developed by the Arts & Culture Department in consultation with the Public Art Working Group (PAWG), the Public Art Advisory Group (PAAG) and relevant Council departments and will consider strategic opportunities including: Council’s Capital Works Program; related Council activities and major events; Federal and State Government funding opportunities; community programs; as well as locations; and potential audiences.

The priority plan will help to ensure that the City of Greater Geelong's Collection of artworks in public places remains focussed on the strategy’s vision and relevant to community interests whilst building on the municipality’s reputation for cultural excellence and diversity.

An annual review of the priority plan would be conducted by the Arts & Culture Department in collaboration with relevant departments, to monitor progress in the delivery of the strategy objectives and to set out the program of activities for the coming year. It would detail actions that can be budgeted for and delivered by Council staff or in collaboration with external partners.


Guideline Area 1: Public art planning

This section provides two process matrixes to assist the identification of potential public art project.

  • Opportunity matrix - proposes a method for establishing project types and regional priorities.

  • Process matrix - aligns project types with appropriate processes and approval levels.


Guideline Area 2: Indicative commissioning process

This section provides a range of process charts that outline recommended commissioning process for the following options:

  • Council initiated stand alone projects

  • Council initiated integrated projects

  • non-Council initiated projects.


Guideline Area 3: Community benefit assessment

This section addresses potential approaches to the review and assessment of the art in public places programme and individual projects.


Guideline Area 4: Moral rights

This section provides a discussion on issues to do with an artist’s moral rights as defined by the Copyright Act and how these rights apply to the alteration, relocation or removal of an artwork.


Guideline Area 5: Asset management

This section outlines a range of approaches to the ongoing ownership and maintenance of Council’s collection of art in public places as a valuable Council asset.


Guideline Area 1: Public art planning

Opportunities matrix

The following matrix is proposed to aid discussions regarding the most appropriate or likely locations for the different public art typologies. For example it is more likely, although not exclusively, that artist initiated interventions will take place in inner city environments than in a suburban location.

The rating system of High, Medium and Low is provided as a guide only and acknowledges that these ratings may change over time and in particular circumstances.

Places
Opportunities
 
CCD
Integrated
Stand Alone
Platforms
Interventions
Coast/Country
H
H
M
L
L
Suburbs
H
H
L
L
L
City
M
H
H
H
H
 
 
 
 
 
 

[H – High] [M – Medium] [L – Low]


Process matrix

The following matrix is provided as an overview of the process variations between the different public art typologies. As can be seen by these comparisons projects associated with permanent artworks, the integrated and stand alone categories have the highest management involvement of all five categories. This is partly due to the issue of permanence but is mainly a result of the high profile nature of such work and the scrutiny these projects will come under. On the other hand projects initiated by artists will require minimal involvement of Council other than gaining approvals for the artist to create their work in the designated public space.

Process Art opportunities
 
CCD
Integrated
Stand Alone
Platforms
Interventions
Project initiation
 
 
 
 
 
Identified by Council
YES
YES
YES
YES
 
Proposed to Council
YES
 
 
 
YES
Community engagement
YES
YES
YES
 
 
 
 
 
 
 
 
Artwork brief
 
YES
YES
YES
 
 
 
 
 
 
 
Artist engagement
 
 
 
 
 
  • Direct engagement
YES
YES
 
YES
 
  • Limited competition
 
YES
YES
YES
 
 
 
 
 
 
 
Concept review
 
 
 
 
 
Public Art Officer
YES
 
 
YES
YES
Public Art Advisory Group (PAAG)
 
YES
YES
 
 
Technical Review Group
YES
YES
YES
 
YES
Community Comment
YES
YES
YES
 
 
 
 
 
 
 
 
Sign off/approvals
 
 
 
 
 
•  Officer
YES
 
 
YES
YES
•  PAAG
 
YES
 
 
 
•  Council
 
 
YES
 
 
 
 
 
 
 
 


Guideline Area 2: Indicative commissioning process

Council initiated stand alone projects

Permanent stand alone public art projects require the highest level of management and approvals at all stages. Due to the individual nature of the work they often attract significant attention throughout the process and as a result require regular staged reviews and approval points. Approvals are particularly important at the concept review Stage 3 Phase 2, in the chart below, where it is likely there will be three artists developing concept ideas in a limited competition, therefore the Public Art Advisory Group will have to review the three concepts and make a recommendation for a preferred concept to go into design development.

The model below also recommends that a Public Art Technical Review Group (PATRG), comprising officers with expertise in public risk and maintenance [where necessary supporting conservation advice should be included], be provided with an opportunity to review the preferred concept during the design development phase to ensure that any technical issues are resolved prior to the final commission contract being signed.

Stage 1 Project initiation Review/approvals
Phase 1: Identify potential art project PAWG [Council if required]
Phase 2: Scoping and budget confirmed PAWG
Phase 3: Prepare artwork brief PAO-PAAG & PATRG
Stage 2 Artist selection Review/approvals
Phase 1: Artist registrations of interest PAO
Phase 2: Review potential artists PAO
Phase 3: Shortlist artists PAAG
Stage 3 Concept and design development [Limited competition] Review/approvals
Phase 1: Briefing of shortlisted artists PAO
Phase 2: Concept selection PAAG [Council if required]
Phase 3: Design development sign-off PATRG - PAO
Stage 4 Commission Review/approvals
Phase 1: Commission contract PAO
Phase 2: Fabrication PAO [progress reviews]
Phase 3: Installation PAO
Stage 5 Asset management Review/approvals
Phase 1: Defects review PATRG - PAO
Phase 2: Defects rectification sign-off (Where required) PAO
Phase 3: Handover PAO


Acronyms:

PAO –Public Art Officer

PAAG – Public Art Advisory Group

PAWG – Public Art Working Group

PATRG – Public Art Technical Review Group


Guideline Area 2: Indicative commissioning process

Council initiated integrated projects

Public art integrated into capital works projects can benefit from a slightly simpler processes than that applied to a stand alone project, in that a direct engagement rather than a limited competition can be used. In the case of a direct engagement a single artist is selected to develop concepts in order that he or she can work directly with the project design team in order to achieve a truly integrated outcome.

Public Art Working Group [PAWG] will be responsible for review and approval of identified opportunities to integrate public art into Council’s capital works projects. Where public art projects are to be integrated into projects managed by Capital Projects, the Public Art Officer [PAO] will provide assistance in order to ensure the artworks are aesthetically and conceptually appropriate and efficiently delivered. In addition the Public Art Technical Review Group [PATRG] will provide advice relating to public safety and asset management issues throughout the commissioning process.

The following chart outlines the involvement of the PAO, PAWG and PATRG in support of the Capital Projects project manager.

Stage 1 Project initiation Review/approvals
Phase 1: Identify potential art project PAWG [Council if required]
Phase 2: Scoping and budget confirmed PAWG
Phase 3: Prepare artwork brief PAO & PATRG
Stage 2 Artist selection Review/approvals
Phase 1: Artist registrations of interest PAO
Phase 2: Review potential artists PAO
Phase 3: Shortlist artist PAAG
Stage 3 Concept development [Direct engagement] Review/approvals
Phase 1: Briefing of selected artist PAO
Phase 2: Concept development PAO & Design team
Phase 3: Design development PATRG
Stage 4 Commission Review/approvals
Phase 1: Commission contract PAO
Phase 2: Fabrication PAO
Phase 3: Installation PAO
Stage 5 Asset management Review/approvals
Phase 1: Defects review PATRG
Phase 2: Defects rectification PAO
Phase 3: Handover PAO


Acronyms:

PAO – Public Art Officer

PAAG – Public Art Advisory Group

PAWG – Public Art Working Group

PATRG – Public Art Technical Review Group


Guideline Area 2: Indicative commissioning process

Non Council initiated projects

In the case of public art projects initiated by the private sector for new buildings and/or residential developments the onus is on the developer to follow best practice processes and to manage the commission or engage a public art consultant. There are however a number of key sign off points where the developer should be required to obtain Council approvals, these are at: the initial art opportunity stage where planning permission may be required; the concept proposal stage where Council should assess the artworks conceptual value and appropriateness to place; during the design development stage where a technical review may be required, especially where the artwork will eventually become the property of Council; and a final defects review to ensure there are no defects in the final work that will cause maintenance problems for Council in the future.

Stage 1 Project initiation Approvals
Phase 1: Propose potential public art project Council planning team
Phase 2: Provide scoping report PAO
Phase 3: Propose potential artists PAO
Stage 2 Concept development Approvals
Phase 1: Briefing of shortlisted artists  
Phase 2: Concept development PAO [PAAG if required]
Phase 3: Design development PATRG
Stage 3 Commission Approvals
Phase 1: Commission contract  
Phase 2: Fabrication  
Phase 3: Installation  
Stage 4 Asset management Approvals
Phase 1: Defects review PATRG
Phase 2: Defects rectification PAO
Phase 3: Handover PAO


Acronyms:

PAO – Public Art Officer

PAAG – Public Art Advisory Group

PAWG – Public Art Working Group

PATRG – Public Art Technical Review Group


Guideline Area 2: Indicative commissioning process

Council funded aerosol art projects

The following indicative commissioning process is related to aerosol art projects that are initiated and funded by Council. (i.e. CAN program assessed each financial year by the graffiti reference group)

Combined or integrated aerosol art projects follow similar processes, except there is no requirement for the reference group to be consulted if the funds are from an external source. Externally funded projects can be managed by the CAN program and invoiced to the external funder.

Stage 1 Project initiation Review/approvals
Phase 1: Project identification GTL
Phase 2: Scope and estimate work GTL
Phase 3: Identify groups to be engaged GTL
Phase 4: Prepare brief GTL
Phase 5: Recommendations reviewed GTL - GRG
Stage 2 Project plan development Review/approvals
Phase 1: Groups engaged by CAN artist/s GTL
Phase 2: Full project plan (budge/risk/timelines) GTL
Stage 3 Implementation Review/approvals
Phase 1: Pre area audit of graffiti and vandalism GA
Phase 2: Project implementation and install GTL
Phase 3: Vandal shield applied GTL
Stage 4 Asset management Review/approvals
Phase 1: Project review GTL
Phase 2: Maintenance program implemented GTL
Phase 3: Post project graffiti audit GA


Acronyms:

GTL – Graffiti Team Leader

GRG – Graffiti Reference Group

GA – Graffiti Auditor


Guideline Area 3: Community benefit assessment

The guidelines address potential approaches to the review and assessment of the public art programme. The focus is on ways to identify potential ‘Community Benefit’ as a result of the public art commissioning process, creation and final contribution of the finished artwork, be it permanent or temporary, to people and place. On going development of measures to gauge the success of the practical implementation processes proposed in Part B – Process will also of vital importance for the realisation of the Part A – Vision goals. Additional research of international best practice for the establishment of methodologies to measure the ‘Community Benefit’ of projects is recommended.

The following dot points identify examples of how links can be demonstrated between the community benefit assessment and the three strategic directions identified in the City Plan 2009-2013: Community Wellbeing; Growing the Economy; and Sustainable Built and Natural Environment.

Outcome Area 1: Activation - Community benefits associated with this outcome area might include:

Community Wellbeing

  • Cultural activities such as temporary public art events which bring people into the city help to create safer environments and promoting active lifestyles.

  • Public artwork that may be challenging and thought provoking or whimsical and humorous thus providing the viewer with interest and pleasure when in public places.

Growing the Economy

  • Public art activities such as temporary programs bring people into the city with flow on benefits to traders.

  • Short term and low budget temporary projects provide an ideal opportunity for artists to test ideas and build a reputation for future commissions.

Sustainable Built and Natural Environment

  • Temporary land form artworks could be created on new development sites utilising earth stockpiles.

  • Platforms for temporary artworks such as digital projection provide a high impact in activating built and natural environments with low impact on the physical environment.

Outcomes Area 2: Creativity - Community benefits associated with this outcome area might include:

Community Wellbeing

  • Involvement in public art projects can build new confidence and sense of purpose.

  • Cultural activities such as public art, temporary intervention and digital media art activities can generate greater involvement of young people.

Growing the Economy

  • Young and emerging artists gaining experience and capacity to develop a professional career.

  • Creativity and innovation public art initiatives can contribute to Geelong's creative industry sector growth.

Sustainable Built and Natural Environment

  • Through public art projects artists, as natural innovators, can bring new insights and alternative approaches to environmental issues.

  • The collaboration of artists and urban design teams can lead to innovative solutions leading to improved quality of public spaces and heightened awareness of environmentally sustainable design practices.

Outcome Area 3: Expression - Community benefits associated with this outcome area might include:

Community Wellbeing

  • Connections between community members are created through involvement in story telling.

  • Involvement with cultural programs associated with public art projects can contribute to notions of lifelong learning.

Growing the Economy

  • Public art contributes to a quality environment with a distinctly local sense of place resulting in reduced vandalism and graffiti.

  • Public art projects contribute to the culture of place and economic benefits of cultural tourism.

Sustainable Built and Natural Environment

  • Public art projects focused on environmental themes bring about discussion, debate and attitudinal change.

  • Integrated public art creates a sense of civic pride generating increased sense of community ownership.


Guideline Area 4: Moral rights

Public art like all the areas of the arts and creative endeavours is covered by the Moral Rights Act 2000. Moral rights are individual rights associated with the act of creating a work such as a work of art and the creator’s reputation. The Act covers those rights that remain with the creator even though he or she may have transferred copyright in the work concerned to another person. They are non-economic rights, as they do not directly confer a financial return to the creator nor can they be traded, sold or bequeathed in a will, although when the creator dies the rights may be exercised by his or her legal personal representatives.

There are essentially three moral rights that are separate and distinct from the economic rights in an artistic work.

They are:

  1. the right of attribution of authorship — the right of an artist to be named in connection with his or her artwork

  2. the right against false attribution of authorship – the right of an artist to not have his or her artwork falsely attributed to another artist, and

  3. the right of integrity of authorship — the right of an artist to object to treatment of an artwork that demeans his or her reputation.


Right of attribution

The Moral Rights Act 2000 states that:

If the work is an artistic work, the attributable acts are the following:

  1. to reproduce the work in a material form

  2. to publish the work

  3. to exhibit the work to the public

  4. to transmit the work.

The implications for public art projects are that the contracts should acknowledge the commissioner's obligation to:

  • provide a permanent attribution plaque that attributes the work to the artist, and

  • accurately attribute the artwork in any published feature in which the artwork is prominently displayed.


Right against false attribution

The Moral Rights Act 2000 states that:

Author’s right not to have authorship falsely attributed.

  1. The author of a work has a right not to have authorship of the work falsely attributed.

  2. The author’s right is the right not to have a person (the attributor) do, in respect of the work, any of the acts (the acts of false attribution) mentioned in the following provisions of this division.

The likelihood of false attribution on a public art project undertaken by Council is remote as the author/artist will have been contracted by Council and will in most instances be fully involved in the creation of the project. It is however important to require that the artist guarantees the commissioner that he or she is the author of the work and that the work does not infringe the moral rights of another party.


Right of integrity

The Moral Rights Act 200 states that:

Author’s right of integrity of authorship.

  1. The author of a work has a right of integrity of authorship in respect of the work.
  2. The author’s right is the right not to have the work subjected to derogatory treatment.

This right is the most relevant to the issue of asset maintenance as it relates to the right of integrity which is primarily directed against mutilation or distortion of a work that may be in some way prejudicial to the creator’s reputation. In the case of public art works, the right also covers the destruction of the artwork and or the public exhibition of the artwork in a way that might be prejudicial to the artist’s reputation.

In the situation where a work of art has been changed in some form from the original which the artist considers to have altered the work and destroyed its integrity, the artist would be entitled to request that the work should no longer be attributed to them. In this case the attribution plaque would be removed and no further reference would be made to the artist as the author.

Any creator may give consent to a specified act or omission which would otherwise be an infringement of moral rights. In the event that there are potential changes likely in the future then it is important to identify the specified act or acts in the commission contract.

The Moral Rights Act recognises that moral rights present special difficulties for buildings and for art works associated with them or sited in public places. It makes detailed provision for the architect or artist to be consulted before any change to, or demolition of, a building or removal of a public site-specific art work, without impinging on the right of the owner to deal with their property.

For example where an artwork is integral to the building fabric or situated in a public space and changes are made to the building or space, this may result in the inevitable destruction of the work.

  1. The destruction of a moveable artistic work is not an infringement of the author’s right of integrity of authorship in respect of the work if the person who destroyed the work gave the author, or a person representing the author, a reasonable opportunity to remove the work from the place where it was situated.

In this situation the Act does ask that an effort is made to notify the artist.

.. in accordance with the regulations and before the change, relocation, demolition or destruction is carried out, given the author or a person representing the author a written notice stating the owner’s intention to carry out the change, relocation, demolition or destruction; and (b) the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the work for either or both of the following purposes:

  1. making a record of the work;

  2. consulting in good faith with the owner about the change, relocation, demolition or destruction; and

  3. the notice contained such other information and particulars as are prescribed; and

  4. where the person to whom the notice was given notifies the owner within the period of 3 weeks referred to in paragraph (b) that the person wishes to have access to the work for either or both of the purposes mentioned in that paragraph—the owner has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and

  5. where, in the case of a change or relocation, the person to whom the notice was given notifies the owner that the person requires the removal from the work of the author’s identification as the author of the work—the owner has complied with the requirement.

This last clause requiring a reasonable effort to be made to notify the artist of intended removal and or destruction of an artwork is particularly relevant to artworks in public places and should be an essential step whenever Council considers the removal, relocation or destruction of a public artwork.


Copyright

Copyright, unlike Moral Rights, is a transferable commodity and as such there are situations in which a commissioner requires an artist or designer to transfer the copyright as a condition of the commission contract. It is however, national best practice that the artist should retain copyright in a public art concept proposal.

Commission contracts should detail:

  • that the artist will retain the copyright or that the copyright will be transferred to the commissioner

  • that the artist should be acknowledged as the author of the work both with regard to a permanent plaque on or near the artwork and in any feature of the work

  • a licence agreement that provides the commissioner with the right to reproduce images of the artwork for non commercial marketing and promotional purposes

  • that the commissioner will not produce any reproductions of the work for commercial purposes without entering into an agreement with the artist that ensures the artist’s copyright is not infringed

  • that the artist will not reproduce the same artwork for another commissioner except where the contract acknowledges that the work is part of a specified edition.


Guideline Area 5: Asset management

Asset management is a critical issue in relation to public artworks, especially permanent artworks which may have a 50 to 100 year lifespan. Even short term works that have been created for a life span of only a few years will need to be maintained to ensure they do not become a public liability to Council.

Artworks are an important asset for any city as they demonstrate civic pride, contribute to the sense of identity and highlight the creativity and values of the community, and therefore should be well maintained. It is also important to endeavour to keep the artworks in a good condition to avoid costly conservation work in the future.

Other asset management considerations relate to the possibility of considering the possible alteration, removal, relocation or even the destruction of the work. In each of these situations there are important issues to consider, and the following section provides some guidance on how to approach the options.

Handover

Council initiated projects

  • Upon completion of the installation the artwork should be inspected to identify any defects in the manufacture.

  • Identified defects should be rectified in a timely manner.

  • Ownership of artwork transferred from artist to Council and Council assumes legal responsibility.

  • Artist to provide artwork maintenance manual outlining the reasonable maintenance requirements.

  • Council may wish to hold a formal unveiling ceremony.

  • Completed artworks should be listed in the Public Art Registry with details of the artist, date of completion, artist’s statement, location, materials, and photographs.


Ongoing maintenance

Council initiated projects

Maintenance is an important issue to consider and artworks can become liabilities rather than assets if they are poorly maintained.

  • Public artworks should be entered on Council’s Asset Register with details of each artwork and the maintenance manual.

  • Ensure that records are kept of condition reports and any maintenance undertaken.

  • Qualified art conservators and not general trades people should carry out all significant conservation work.

  • Annual allocation for assessment, cleaning and maintenance.

Maintenance manuals

As part of every commission agreement there should be the requirement for artists to provide Council with a maintenance manual that sets out:

  • details of construction and materials used

  • details of surface finishes and their expected life span

  • details of the cleaning and re-coating requirement and timelines

  • photographs where possible of the internal construction.

It should be agreed between the artist and Council what constitutes a reasonable and achievable level of annual maintenance work to keep the artwork in a stable condition that minimises future conservation work.


Alteration

Council owned artworks

The instance of altering an existing artwork by a Council is very rare, although there may be situations where an artwork needs to be altered due to changing conditions such as public liability issues where the artwork has become a risk. Should alterations be required than the artist should be consulted prior to any changes being made. [refer to Moral Rights discussion]


Relocation and removal

Council owned artworks

Work that already exists in the public realm should be reviewed on an annual basis to determine the continued relevance and lifespan in public spaces. The PAO or qualified asset manager will be primarily responsible for assessing existing public artworks on behalf of Council. At times additional professional conservation advice may be required on issues related to the relocation, removal or the ultimate disposal of works. In all cases the artist should, wherever possible, be consulted on possible options for new sites or given first option on repair or removal.

In situations where artwork is in need of major and costly conservation work Council should consider the age of the work and its anticipated service life to establish a position on the appropriateness of funding and undertaking the restoration work. In addition, consideration should be given to the artworks cultural value and community benefit. A work that is near the end of its predicted service life might have gained significant cultural value due to the artist’s reputation or the works contribution to relevant period of art practice, the artwork might also be much loved by the public and there would be protests if it was removed, therefore the expenditure on conservation would be justified. On the other hand if the work was of low cultural value and public attitudes were indifferent then it would be hard to justify funding conservation work at the end of the works planned life span, therefore the work might be removed.

Given the ever changing nature of modern cities it is advantageous to include a clause in public art contracts that states that the commissioner reserves the right to relocate public artworks should the nature of the space of building change from the original condition. The clause would also state that the commissioner would undertake to meet its obligations of consulting the artist as specified in the Moral Rights Act.

Relocation:

  • can become an issue where the environment that a site specific work has been designed for has changed significantly resulting in the original integrity of artwork being compromised

  • may become a Moral Rights issue if a suitable site cannot be identified, in which case the artist may prefer to have the work removed and destroyed.

Removal from public place:

  • may be the result of damage or deterioration of the structure becoming unsightly and unsafe and therefore requiring removal

  • may be necessary due to the redevelopment of the building or public space where the artwork is located, in the event that the work is to be reinstated once redevelopment work is completed then specialist conservation advice should be sought to ensure the work is not damaged during removal, storage and reinstatement.

Disposal:

  • may result in the event that the work is deemed to be beyond repair or of less value than the cost of repair

  • may result in the event that a work is no longer considered relevant and appropriate in a cultural context.

In all cases where a work is to be removed or disposed of the artist or the artist’s estate should be consulted and give an opportunity to be involved in the decision making process. [refer Moral Rights discussion]

 



Connecting People, Place and Environment

A public art strategy for the City of Greater Geelong

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Page last updated: Monday, 3 December 2018

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