LTC 213-2013 Art in Public Places Committee Motion MIAMI BEACH
OFFICE OF THE CITY MANAGER c > p
NO. LTC # 213 -2013 LETT TO COMMISSION ;
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TO: Mayor Matti Herrera Bower and Me bers of the ity Commission
FROM: Jimmy L. Morales, City Manager
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DATE: June 21, 2013 -mo
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SUBJECT: Art in Public Places Committee otion Against Off -Leash Dog Area Surrounding
"obstinate lighthouse"
The purpose of this Letter to Commission (LTC) is to inform you of a motion passed
unanimously by the Art in Public Places Committee at its regular meeting on June 18, 2013,
opposing the creation of an off -leash dog area surrounded by a landscape buffer in the area of
'the "obstinate lighthouse" sculpture located at the southwestern portion of South Pointe Park.
The Art in Public Places (AiPP) Committee purpose is to recommend to the City Commission on
legislation concerning public works of art in the city. On June 18, 2013, the AiPP Committee
met and a motion was seconded and passed unanimously advising the City Commission of-the
following:
1. The Committee unanimously supports the Design Review Staff Report, Design Review File
No. 22977, 1 Washington Avenue — South Pointe Park, which is in opposition to an off -leash
dog area surrounded by a landscape buffer in the area of the "obstinate lighthouse"
sculpture. The Art in Public Places Committee would like to express its resistance to any
changes in the physical site and intent of South Pointe Park that compromises the integrity
of the "obstinate lighthouse." .
2. The AiPP Committee would like the City Commission to note that the Artist was originally
provided with a site plan that depicted an "open lawn" setting (Exhibit 1). Enclosing the
sculpture with landscaping as proposed would compromise the Artist's intent and concept.
On May 20, 2013, the Artist officially notified the City of Miami Beach Planning Department
that if he had been made aware that the South Pointe Park Project was going to be made
into an off -leash dog park, he would not have considered the invitation (Exhibit 2):
3. The City of Miami Beach needs to be aware that it could potentially be in violation of federal
law and vulnerable to a lawsuit by the Artist as stated in the Visual Artists Rights Act of 1990
(VARA) (Exhibit 4), 17 U.S.C. § 106A, which provides intellectual property protection to
artists.
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5
Exhibit 1
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CONTROL POINT
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VIN SET '•• IN PROJECT AREA
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Exhibit 2
TobiaslRebberger Undleystr.12 60314Fraaktart T +49- 06942100275 F62700276 M Iol8@101111asrehbergerme
May 20, 2013
Mr. William Cary
Assistant Planning Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
c: Art in Public Places Committee
RE: Off Leash Dog Park So. Pointe Park location site public art project "obstinate lighthouse"
Dear Mr. Cary,
I am writing in regards to Design Review Board Meeting on locating an off leash dog park
surrounding the site specific public art project in South Pointe Park.
When invited by Miami Beach to participate in this Call to Artist and based on the plans for
the location as shown in below drawings done by George Hargreaves, Hargreaves Associates
(the City's Architecture and Engineering consultant for the South Pointe Park Project) the
location of the artwork was not identified as a dog park. If the public art project was for a
dog park I would not have considered the invitation.
Sincerely,
Tobias Rehberger
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17XTSC 8 1o6A — RIGHTS OF CERTAIN AUTHORS TO ATTRIBUTION AND
INTEGRITY
Current through Pub. l^ll3-9.(See Public Laws for the current Congress.)
(a) Rights of Attribution and Integrity— Subjectmsection 107 and independent of the exclusive rights provided in section
106, the author ofuwork of visual art—
(1) shall have the right—
(A)molahoauUm,ddyofthatwo,k and
(B) to prevent the use of his mher name as the author of any work of visual art which hem she did not create;
(2) shall have the right to prevent the use vf his m her name as the author of the work of visual art in the event vfodistortion,
mutilation, or other modification of the work which would be prejudicial to his her honor or reputation; and
(3) subject to the limitations set forth in section 113 (d), shall have the right—
(A) myo,vcutmz intentional distortion, mu or other modification of that work which would be prejudicial to his or her
honor o, reputation, and any inten distortion, mutilation, v,modifio*douo[ that work iou violation of that right, and
(13) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is
u violation of that right.
(b) Scope and Exercise of0Ugbm,— Only the author ofn work ofvisual art has the rights conferred hy subsection (u)iuthat
xwd, whether or not the author is the copyright owner. The authors of a joint work of visual art are oo owners o[ the rights
conferred hy subsection (,) iu that work.
(c)Exorptivom.—
(1)Thomodificmiouvfu~odkofvivualmtvbiobixuo,xuUo[tbopuxaageo[dnocord`rinbcrentoumm,o[dhcnomodalxi,00tu
distortion, mutilation, or other modification described in subsection (a)(3)(A).
(2} The modification ofu work of visual art which is the result of conservation, or of the public presentation, including lighting
and placement, o[ the work im not o destruction, distortion, mu m other modifiuudoudescribed io subsection (u)(3)unless
the modification iocaouodhy gross negligence.
(3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or
other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (13) of the definition of "work
of visual art" iu section I0L and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion,
mutilation, or other modification described io paragraph (3)of subsection (u).
(d) Duration vy0igbm--
(l)Whbrcopmctm°mdaofvioualuno/oatrdouo,ufter the effective date set forth iu section 6l0(u)of the Visual Artists Rights
Act of 1990, the rights conferred by subsection (a) shall endure for a term consisting of the life of the author.
(2) With respect to wor of visual art created before the effective date set forth in section 610(a) of the Visual Artists Rig Ac
of 1990, but title to which has not, as of such effective date, been transferred from the author, the rights conferred by subsection
(a) shall be coextensive with, and shall expire at the same time as, the rights conferred by section 106.
(3) In the case of a joint work prepared by two or more authors, the rights conferred by subsection (a) shall endure for a term
consisting of the life of the last surviving author.
( All terms of the rights conferred by subsection (a) run to the end of the calendar year in which they would otherwise expire.
(o) Transfer and Waivec--
(8)Tbodghtuooufeoodhysuhoeudou(u)muymuhotranxfeocd.hmdb000,ighuomuyhovvaivodifdhuuuthv,ozyr000\yagrees to
such wa iuu written instrument signed hy the author. Such instrument shall specifically identify the work, and uses ofthat
wor »o which the wa applies, and the wa shall apply only »v the work and uses ooideodfind.lu the case ofu joint work
prepared hy two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such
authors.
(2) Ownership of the rig conferred by subsection (a) with respect to a work of visual art is distinct from ownership of any copy
of that wor or of a copyright or any exclusive right under a copyright in that work. Transfer of ownership of any copy of a work
of visual art or of a copyr or any exclusive right under a copyright, shall not constitute a wa of the rights conferred by
subsection (a). Except as may otherwise be agreed by the author in a written instrument signed by the author, a waiver of the
rights conferred by subsection (a) with respect to a work of visual art shall not constitute ^ transfer of ownership of any copy o[
that work, or of ownership of a copyright or of any exclusive rig under a copyright in that work.
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