Submitted by martha on May 31, 2010 – 1:48pm
I read recently in the Globe & Mail that finally settled the lawsuit brought by their heirs after the university decided to move the artwork. An example of a moral rights clause:
If, for any reason, the City determines it is unable to remove or relocate the Artwork without destroying the Artwork, other than the replacement or removal of vegetation, the City will, by notice to the Artist, offer the Artist a reasonable opportunity to recover the Artwork at no cost to the Artist except for the obligation of the Artist to indemnify and reimburse the City for the amount by which the cost to the City of such recovery exceeds the cost to the City of the proposed destruction. The Artist acknowledges and agrees that if the Artist chooses not to recover the Artwork and the Artwork is destroyed, such destruction shall not violate or infringe the Artist’s moral rights in relation to the Artwork.
Accordingly, the Artist hereby acknowledges and agrees that the City may, subject to the foregoing:
(a) alter the Site;
(b) replace, substitute or remove any vegetation on the Site, including any vegetation forming part of the Artwork;
(c) repair and maintain the Artwork;
(d) relocate the Artwork or any portion thereof to another location;
(e) remove the Artwork;
(f) use the Site for any municipal purpose; or
(g) destroy the Artwork, without violating or infringing the Artist’s moral rights in relation to the Artwork.