Image Credits
02

Agreements & Contracts

When a choreographic artist works with a museum, agreements and contracts help to understand and make provision for each party's roles and responsibilities. This might include the artistic process, collaboration, mutuality and shared risk, and financial responsibilities. Agreements should include as much information as possible to avoid any misunderstanding at a later stage in the working relationship. At the same time, they should support the artistic process and not commit the artist/s to deliver a concept in a prescriptive way, but rather allow flexibility in the process.

Overview

Individual artists may need support to understand or negotiate during the contracting process, to ensure the process is fair and functional. Potential imbalance between museum and artist legal resources and expertise should be recognised and avoided where possible. A museum could assist by outlining agreements through conversation or the use of accessible language, supporting independent artist/s to seek a producer or auspicing service, or allocating budget for the artist to seek their own legal advice. Artists might benefit from being offered templates and example agreements to reference ahead of receiving their own agreements.

Museums may have their primary agreement with the lead artist or contract all members of the artist team independently.

If contracting the lead artist solely, the artist may choose to contract the team through a producer, auspicor or a production company that can support the artistic team with administration and financial management. Agreements between an artist and other creatives may be the clearest way to express contributions, expectations, authorship and relationships. Artist teams may or may not choose to use agreements between themselves depending on the structure of those working relationships and may, rather, choose to work outside of conventional legal structures, for example, utilising specific First or Indigenous Peoples’ models.

Alternatively, the museum may contract the entire artist team (performers, sound artist, choreographer, etc) directly.

Things To Consider

Why?

What?

  • Does the agreement state clearly the nature of the engagement? Eg. is the choreographic work a presentation, commission, and/or acquisition?
  • Will the lead artist contract the collaborators / other creatives directly?
  • Will a producer, production company or auspicing service be involved?
  • Will the museum subcontract dancers on behalf of the artist?
  • Does the agreement include; Services/Deliverables (e.g dancing, producing a score etc), Royalties, Licensing, Use of documentation, Contributor credits, Payment Details and Schedule, Confidentiality, Retirement fund, Code of Conduct, Resolution of Difficulties, Termination, Intellectual Property Warranty, Copyright?
  • Does the agreement clarify who retains the copyright of the work as a whole, and contributions to the work (eg. score, material components, choreographic material, costumes, lighting design etc)?
  • Does the agreement clarify who retains the copyright of the documentation of the work (photography, video etc)?
  • Has there been a discussion regarding risk and safe working conditions prior to the issuing of the agreement? Is this present in the agreement?
  • Does the section of the agreement that details insurance specify what type of insurance will be taken out for the work, the artist or performer (public liability, professional indemnity, personal accident, equipment or goods, and employee insurance)?
  • Does the agreement include preservation stipulations for both artwork and archival materials, including loans out, collection stewardship, future presentation requirements, artwork reproductions, media migration etc?
  • Does the agreement clarify the delineations of the Intellectual Property in the work? Will there be shared Intellectual Property created?
  • Will there be a transfer of copyright as part of the agreement? If so, will there also be a payment involved with this process?
  • Does the agreement include clauses about how to best represent the work through media and communications?
  • Have the appropriate image licensing and releases been included in the agreement?
  • Does the agreement stipulate required acknowledgement lines and/or logo placement of commissioning museum, key funders and stakeholders?
  • Does the agreement include appropriate cultural safety measures or accessibility riders appropriate for artistic teams and context?
  • Does the agreement protect the artist in the case of cancellation or postponement, specifically where performers have been engaged and there is loss of income to the artist team?

Who?

How?

  • How can museums address the imbalance between museum and artist legal resources and offer support through the contracting process?
  • Have artists been offered support to assist with understanding and negotiating the agreement so that the outcome is fair and functional (including the use of accessible language)?
  • Can the museum include a “real world” example to make legal language more transparent?
  • Has there been a thorough discussion regarding the roles and responsibilities before issuing the agreement (including all aspects of creating, developing and presenting the work, including fees and budgets, and intellectual property)?
  • Are timelines and milestones present in the agreement? Are these linked to staged payments?
  • Has a staged approach been considered for the agreement process (ie. separate contracts for each stage of the project)? Is this useful for the choreographic work?
  • Does the agreement include a provision for deviation to be made if agreed to by both parties in writing? Eg. if there are unexpected costs or agreed changes to timelines, or if the conceptual scope of a commissioned work changes during its development.
  • What kind of working relationships are being established within the project and are the related expectations clearly expressed in the agreement? Eg. stipulating that a collaborating musician has Intellectual Property rights to an aspect of the work.
  • Has adequate time been given to artists to respond to and give feedback on agreements drafted by museums, taking into account the time it may take the artists to access affordable legal advice?
  • Have payments and payment stages been established in the agreement so the artist team is not out of pocket during the development of the work?

The Future?

  • How can an agreement better reflect and acknowledge the artist’s specific working process? For example, staged agreements for development periods.
  • Have agreements been archived for future reference, including a copy of the final signed document?