Tony Smith One-Two-Three in Bryant Park
I started the blog Outsider Art with Danny to document public art. Part of the reason why was I had learned about the 1% rule here in CA and some of the art I see around town is downright ugly…the other reason is to celebrate art that is in the public and these ongoing efforts to keep and maintain public art.
Developers are responsible for selecting an artist, commissioning the artwork, and maintaining the artwork. Each developer submits their proposed artwork for review by the Art in Public Places Advisory Committee, which reviews the artwork application based upon policy-defined criteria, such as the artist’s qualifications and the durability of materials. The developer is required to put one per cent of the total development budget towards the art.
Unfortunately, it seems that there has been unauthorized copies of sculptures made to “fulfill” this 1% rule:
In the first instance, if these works are indeed unauthorised copies — and all the available evidence seems to suggest that they are — and if a craftsman (Chinese or otherwise) has been prepared to adapt the work of another artist without that artist’s consent, this would likely constitute a breach of copyright under the Fair Use application. This would represent a breach of Mr Wakefield’s moral rights as an artist which would have serious legal implications.
This is saddening, to think that there are artists working now who could be commissioned to create new works, or one could purchase existing works for the site instead of what seems like a hack job ring to save money? Time? Effort?