HomeMy WebLinkAboutCharles Haman - Traffic Box Community Art License Agreementdiscretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to
the original Artwork.
C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork
with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain
the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap
created therefrom, which shall belong wholly to the City, and Artist shall not make any claim thereto. As
to the derivative work:
1. Artist expressly waives any and all right, title, or interest in the images or products created using the
derivative work. Artist understands that this waiver includes waivers of the exclusive rights of
reproduction, adaptation, publication, and display.
2. Artist agrees to relinquish and waive any and all rights, title, and interest to the derivative work,
images thereof, or images of any portion thereof, including, but not limited to, the rights afforded
artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101
et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth
in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent
that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act
of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties
created thereunder are expressly waived.
D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork;
and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein.
E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from
a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of
the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City's sole
discretion, and once installed, City or other duly authorized party may modify or remove, or allow
modification or removal of same, in City's sole discretion. Artist specifically waives the right to claim any
remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the
derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this
Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof.
F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the
amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to
Artist for any and all services, costs, and expenses related to services performed under this Agreement.
Artist shall be responsible for payment of any and all taxes due and owing for payment received under this
Agreement.
G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist,
Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes.
II. TERMS AND CONDITIONS
A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement
presents risks, some of which are unknown, and agrees to assume all such risks.
B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge
City and its agents and employees from and for any and all losses, claims, actions, judgments for damages,
or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course
of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City,
regardless of the manner by which such claim may be brought.
ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 2 of 9
EXHIBIT A
CALL FOR ARTISTS
ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 4 Of 9
Meridian Commission
Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY
OVERVIEW:
The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository
of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in
Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork
represented in the repository to reproduce as a vinyl wrap. A $300 stipend shall be available for artists
whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution
of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork
portrayed in the selected image by City or City's selected vendor.
ELIGIBILITY:
The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's
Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital
image without loss of integrity or quality. No artwork will be included in the repository which does not
meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required
to enter into a written agreement with the City setting forth specific terms and conditions of inclusion.
Each person may submit up to ten (10) images for consideration; a maximum of two (2) images per person
will be selected for inclusion in the repository.
PROPOSAL REQUIREMENTS:
An artist wishing to submit an image for inclusion in the digital repository must provide the following
materials and information to MAC in order to be considered for inclusion in the digital repository:
• Completed, signed Traffic Box Art Image Repository Application Et Acknowledgements form;
• One-page letter of intent, including biography of the artist, on 8.5x11" sheet of 20 lb., white paper; and
• Up to ten (10) digital images, in .jpg format, of original artwork proposed for inclusion in the digital
repository, on a CD or jump drive; image file names must include artist's last name and artwork title.
Materials submitted will not be returned. E-mailed submissions will not be accepted; materials must be
submitted via U.S. Mail or in-person delivery, addressed to:
Meridian Arts Commission
Attn: Traffic Box Art Digital Repository Proposal
33 East Broadway Avenue
Meridian ID 83642
DEADLINE:
This call shall be open until 5:00 p.m. on Friday, May 1, 2015.
SELECTION PROCESS:
The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at
its regularly scheduled meetings, as they are received. MAC will notify selectees by letter sent U.S. Mail. In
evaluating eligible proposals, the following factors will be considered:
• Quality of work;
• Appropriateness of subject and concept for a public space;
• Consistency with City policy and community values; and
• Contribution to aesthetic and cultural atmosphere of the Meridian community.
Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal
ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of
race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks.
CONTACT MAC:
Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org.
APPLICATION MATERIALS
ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 6 Of 9
Charles Haman
Traffic Box Letter of Intent
April 23, 2015
To me, the role of an artist is to be a successful non-verbal communicator of
inspiration; to speak loudly the quiet words of thought, emotion, and idea. The role
of an artist is to somehow harness inspiration, rework it into a new and exciting
format that is readily and willingly absorbed by the viewer's heart and mind. The role
of an artist is to remind others of the innate spirit of inspiration that lives in all of us,
whether we realize it or not. Science tells us that energy can neither be created nor
destroyed, it's just always been here. I feel the same way about inspiration.
Inspiration energizes us, empowers us, and helps us come to the realization that the
creative spark is shared by all of us...it does not belong to any certain individual or
group of individuals. During our short time in this world, we all own the spirit of
inspiration collectively. Then we pass it on ... inspiration lives forever. That is our true
link to immortality, through our art, and it is the artist's role to remind us of our own
immortality.
The traffic box project intrigues me on many levels. As I mentioned in my
opening statement, creating a piece of public artwork (i.e., this traffic box), is truly a
link to my own immortality - to our immortality. Whether the piece exists forever or
not, the fact that public eyes witnessed it, even -for a brief moment in time, is simply
glorious. If my artwork elicits a smile from even one member of the society that I live
in, my goal is accomplished. Even more so, I want to communicate, to the public, a
feeling of joy and celebration - pride - for the artwork that exists in our own
community. It is our job as artists to decorate these public places which we all share.
Artist Bio
My name is Charles Haman and I have been creating fine art for more than
twenty-five years. Born in Montana, I apprenticed under the great western artist
Harry Jackson in Cody, Wyoming (Harry Jackson studied under the abstract
expressionist painter Jackson Pollock). As the past Creative Director for an advertising
agency in Billings, Montana, I have worked as a professional graphic designer and
website developer until moving to Boise, Idaho, to become a full-time printmaker,
painter, and sculptor. I am a recent "graduate" of the 2015 Public Art Academy, a
program offered by the Boise City Department of Arts and History. I will receive my
BFA in Visual Art from Boise State University in 2016.
7
Meridian Commission
Application
Et Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY
Applicant:
Charles Haman
E-mail address:
Mailing address:
Applicant phone:
Day: Evening: Cell:
Image title(s):
1. Lord Latte
2. Caffeine Queen
3. Jacked Up
4. New Trout
5. Final Hop
6. Green Flamingo
7. The Dual
8. Gallus
9. Gift Tree
10.Gravity
I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for
inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and
conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written
Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that:
A. All artwork submitted with this proposal for consideration for inclusion in the digital
INITIAL repository is original work that I myself conceived and created in all respects.
B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap,
DA I will be required to enter into a written agreement with the City of Meridian establishing the
specific terms and conditions of such installation. No entitlement will issue or attach prior to
negotiation and execution of such agreement.
C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will be
INITIA required to provide the original artwork from which the image was taken. If the original artwork
is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be
removed from the digital repository as a potential option for installation as a vinyl wrap.
D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the
INITIAL digital repository, such submission is a public record, subject to the Idaho Public Records Act.
ou E. Artwork included in the digital repository may be removed from the repository, and/or the
INITIAL repository may be deleted or discontinued, without notice to the artist.
-! F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously
INITIAL ensure that persons of diverse ages and perspectives feel welcome and comfortable in public
spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists
shall be included in the digital repository.
I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions.
Signature: C Date: April 23, 2015
EXHIBIT C
NEW TROUT
ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 9 Of 9