FACEBOOK POST 29th Feb 2024 (Burnie Arts Council page)
Burnie Arts Council, for 75 years, have taken our role of arts advocacy very seriously.
A work of public art has been in the headlines this week.
Our concern is that in all the discussion about the gateway sculpture, one voice has been lost.
The voice of the artist.
In the case of the ‘Welcome Gesture’, two artists – David Hamilton and Geoff Farquhar-Still.
Generally, artists don’t have a lot of power in this world.
One cornerstone of what artists do, however, is enshrined. In law (Copyright Act, 1968).
It is called a moral right.
Moral rights … ‘connect an artist to their work,’ (Arts/Law Society).
There are three types of moral rights – the Right of Attribution, the Right against False Attribution, and the Right of Integrity.
The right of integrity means that ‘…no one can change your work without your permission.’
David and Geoff were asked about changing the colour of ‘Welcome Gesture’. They explicitly said no. If you listen to the recording of Tuesday night’s council meeting, a document is read where they articulate why the colour is integral to the design.
Council have entered into a contractual agreement with the artists to execute this design.
Regardless of issues around the consultation process, regardless of what your preference is, the artists and their work deserve the protection which moral rights provide for them.
We ask that the public respect the integrity of the creative process and the protocols around contractual agreements.