1. AMICO Membership Agreement
We reviewed in detail a draft membership agreement, that Michael Shapiro
had prepared. Marked up copies were returned to Michael, and a revised
version [penultimate] will be posted this week, for institutional review,
prior to its curculation for signature. These agreements must be in
place by June 30, 1998.
2. Agreements with Contemporary Artists
After debate about strategies for approaching contemporary artists,
it was agreed that a "Standard Operating Procedure", that included an
AMICO model agreement, was the best approach. This could be tied in
to negotiations between AMICO and Artists' RIghts Societies, such as
ARS, that would aslo reach the same agreement terms.
We agreed that each member would approach artists represented in their
collection individually, as this was the best way to leverage personal
contacts and relationships. However, each artist would be asked to sign
a standard AMICO letter of agreement, that would be circulated by all
AMICO institutions. This way, the artists would become used to having
such an agreement presented to them, and they would sign it as a matter
of course. This 'normality' would be strengthened by the appearance
of many copies of the same agreement from different institutions. Artists
with a good history with a particular instituion could be approached
first by that institution, and then asked by others to sign the same
We discussed the possibility of diluting the surprise [dismay?] that
artists might feel about receiving a deluge of these letters and agreements
without any prior warning, and agreed that we should investigate the
possibility of working with organizations such as the Canada Council
for the Arts and the National Endowment for the Arts and/or the National
Endowment for the Humanities to create a forum for discussing licensing
issues with contemporary artists. The CAA's Committee on Intellectual
Property is also another venue for such a conversation to take place.
The possibility of setting a standard rate of compenstation for the
grant of educational use rights was raised and reviewed. While this
is attractive on some levels, it is problematic for some AMICO members
who do not have a history of compensating artists represented in their
collections for the use of their works.
Michael Shapiro will work with the Rights Committee to draft a model
letter to artists and the standard agreement, once his work on the AMICO
Membership Agreement and the University Subscribers Agreement is complete.
Penultimate drafts will be circulated shortly: Expect the Membership
Agreement, this week and the University Subscription Agreement next
week. Each will have a two week period for comment and suggested revisions.
As preparation, members of the Rights Committee are asked to share
'language that works' and suggest possible phrases or points to be covered
in such a letter.
We'd also like to hear feedback from members not present in Toronto
about the strategy for Contemporary Art, and get some mementum up to
move forward on this question.