Artist agreement for commissioning site-specific soundwork(s)
Artists Contract of Services
The following terms and conditions are agreed between the Principal Investigator on behalf of Manchester Metropolitan University and the Artist:
1. Principal Investigator:
Matt Williams on behalf of Manchester Metropolitan University
2. Artist:
3. Research Project Title and Question:
We Versions: How can a curatorial tool kit for sound art excavate sites of historical resistance?
4. Project Brief:
4.1 The Artist is invited to produce a soundwork responsive to a Data Set provided by the Principal Investigator concerning Case Study #1, which examines a Punjabi Poetry reading at Sidney Stringer Community School (formerly known as Sidney Stringer Centre for School and Community Use), Cox Street, Hillfields, Coventry CV1 5LY, which took place on Saturday 11 February 1978.
4.2 The Data Set comprises information from established and non-established archives. Featuring census data, field recordings, multi-media documentation, oral histories, published music and news articles, architectural plans and maps, and broadcast recordings, including audio and moving image documents associated with the Progressive Writers Association, Indian Workers Association, Sidney Stringer School, and surrounding area.
4.3 Upon receipt of the invitation, the Artist agrees to provide an Artist Proposal identifying the thematic focus of the soundwork on the 18 April 2023.
4.4 The Principal Investigator will assess the Artist Proposal and relay proposed revisions in writing within seven days of receipt, no later than 25 April 2023.
4.5 The Artist agrees to appraise in conversation with the Principal Investigator either in person or remotely, on the 18 April, 23 May, and 26 June to discuss the practicality of the Data Set and application of the selected methodologies outlined in the Curatorial Toolkit.
4.6 The Artist agrees to notify the Principal Investigator at the first appraisal on the 18 April of the Artist Proposal and identify additional data if required within an agreed timeframe.
4.7 The Principal Investigator will require permission from the Artist to record, transcribe and utilise material produced from each appraisal for reporting purposes with a consent form that adheres to ethical guidelines set out by Manchester Metropolitan University’s Arts & Humanities Faculty Research Ethics and Governance Committee.
4.9 The Artist agrees to detail the aims and objectives (including diagrams, sketches, or other preparatory materials such as audio recordings if relevant) upon completion of the soundwork on the 26 June 2023.
4.10 The Artist will identify and notify the Principal Investigator of any potential issues regarding copywrite and technical support and provide estimated costs in advance of completion of the soundwork.
4.11 Relations between the Principal Investigator and Artist will always be balanced, convivial and professional for the project’s duration.
4.12 The Artist agrees for the soundwork to be disseminated via a public listening session, digital radio platforms, and a designated website.
5. Artists Honorarium
5.1 The Principal Investigator, with support from the AHRC Research fund and potentially other funding sources, will pay the Artist an honorarium of £1000.00 to be paid [on receipt of an invoice] upon completion OR [in the following instalments: £500.00 on acceptance of invitation and £500.00 on upon completion of the commission].
5.2 The Artist shall be responsible for payment of all income tax and National Insurance and other payments.
5.3 All sums payable to the Artist under this letter are exclusive of Value Added Tax which shall (where applicable) be paid in addition if you are registered for VAT, and you provide the Principal Investigator with your VAT registration number.
6. Budget and expenses
The Principal Investigator agrees to pay the Artist (£250.00) towards the Project’s production once Production Monies attributed to the final Proposal are approved in writing. Official estimates must support all requests for payment of Production Monies, original receipts or invoices evidencing all expenditures.
7. Artist Production and Appraisal
7.1 The Principal Investigator will administrate and oversee the Project, providing the Artist with a Data Set as a primary resource to produce the Project. The Principal Investigator retains the right to assess the Project at the agreed stages of its development and production via appraisals on the agreed dates.
7.2 The Artist shall advise the Principal Investigator of the technical and material requirements to disseminate the Project digitally.
7.3 The Principal Investigator will notify the Artist as appropriate immediately if any problems occur with the dissemination of the soundwork if unable to rectify.
7.4 The Artist shall comply with all reasonable requests and instructions from the Principal Investigator to facilitate the Project’s successful realisation.
7.6. The Artist, if within reason, will be present at and assist with the dissemination of the Project. If the Artist cannot attend or participate remotely in the dissemination of the Project, the Principal Investigator will have the right to deliver the Artist’s absence. The Principal Investigator will do all they reasonably can to consider the Artist/s comments and agree on terminology in advance.
8. Ownership and copyright
8.1 The Artist retains ownership and copyright of the Project. However, the Principal Investigator and other partners, including Manchester Metropolitan University, must be credited on all the Project materials (INSERT agreed credit line). Additional partners secured after the commencement of this contract of services should also be credited as approved with them.
8.2 As the owner of the intellectual property rights of the Project, the Artist will grant the Principal Investigator non-exclusive irrevocable and royalty-free rights in perpetuity to disseminate the Project and prepare an archive of the Project documentation that fall within the scope of the Principal Investigator’s reporting outputs.
8.3 At the request of the Principal Investigator, the Artist shall grant any further licenses of Intellectual Property Rights necessary to the dissemination of the Project. The Artist/s obligations under this contract and whenever requested by the Principal Investigator confirm that any third parties are contacted in writing and that Intellectual Property Rights are licensed to the Principal Investigator for the Project.
8.4 The Project outputs will be disseminated by the Principal Investigator via the agreed platforms for an initial period of 6 months from the
9. Dissemination
9.1 The Principal Investigator will produce an approved text outlining the
Project with credits before the dissemination of the Project. The Artist, if required, will provide a biography, a quote and relevant images or recordings for use in the dissemination of the Project.
9.2 The Principal Investigator will have final approval of any materials provided before dissemination in agreement with the Artist.
9.3 The Principal Investigator and Artist will edit and agree upon a digital
document in a universally accessible format for dissemination. Any further requirements for the project documentation must be discussed and agreed upon with the Principal Investigator.
10. Indemnity by the Artist
10.1 The Artist shall indemnify the Principal Investigator against all costs of claims and proceedings arising from the Project created by the Artist, including any claim that the Project is in breach of any Intellectual Property Rights or any claim that it is defamatory of any person or organisation.
10.2 If any proceedings for copyright infringement are brought against the Principal Investigator, the Artist will cooperate to defend any claim put forward.
11. Postponement
11.1 If the Principal Investigator needs to postpone the Project for any reason, all the information in this contract remains valid apart from the dissemination dates. New dates will be agreed upon with the Artist and Principal Investigator, and subsequently, a new contract will be signed by both parties.
11.2 The Artist must notify the Principal Investigator immediately if anything occurs, which means they cannot meet the Project deadline.
The Principal Investigator will endeavour to reschedule the Project according to the Artist’s situation. Any costs incurred by the Principal Investigator will be deducted from the Artist honorarium.
12. Termination
12.1 The Principal Investigator reserves the right to refuse publication of the Project and/or to terminate this Agreement if:
(i) the Project materially differs from the accepted Proposal without prior Agreement.
(ii) in its sole opinion, the Project is unsuitable for publication.
(iii) the Artist commits a material breach of any obligations under this contract.
(iv) the Artist cannot complete the Project for whatever reason within the time agreed.
12.2 If the Project is refused for any of the above reasons, all sums previously paid to the Artist under this contract must be refunded. Under such circumstances, the Artist will not have any claim against the Principal Investigator for any consequential compensation.
13. General
13.1 This Contract of Services may not be varied or altered save by a written Agreement signed by the Artist and the Principal Investigator.
13.2 This Contract of Services supersedes all other Agreements and arrangements between the Artist and the Principal Investigator and constitutes the entire Agreement between the Artist and the Principal Investigator.
13.3 This Contract of Services is personal to the Artist and shall not be assigned or transferred (nor shall the performance of any obligations hereunder be subcontracted) by any party without the written consent of the Principal Investigator.
13.4 Except insofar as this Contract of Services expressly provides that a third party may intheir own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
14. Governing Law and Jurisdiction
The terms of this Letter Agreement shall be governed by and construed in accordance with English law.
Acceptance
Please indicate your acceptance of the terms herein by signing and returning this Agreement to Principal Investigator, Matt Williams on behalf of Manchester Metropolitan University. Any alteration to the Agreement is invalid without the initial of the Artist and Principal Investigator, Matt Williams
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Signed on behalf of Matt Williams Date
I accept and acknowledge receipt of the terms and conditions of the Project as set out in the letter above.
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Signed on behalf of the Artist Date
Signed by the Artist Date