Licensing Agreement

by Virginia Broersma

Last summer an artist who lives in Riverside asked me if I knew of anyone who could loan him their Los Angeles studio. He wanted to bring some of his artwork into Los Angeles and host studio visits. It is a struggle for him to get LA folks to make the trek to his studio in Riverside to see his work (it's one to three hours away, depending on traffic), so while he's close enough to tap into LA's cultural mecca, he's also just far enough that the distance is a barrier to opportunity. 

I didn't know who to recommend, but his request got me thinking about the issue and then the lightbulbs in the attic of my brain flickered on. I wondered if there was a way to connect people who needed access to a Los Angeles studio for a day or a week with artists who had an existing studio that they wouldn't mind lending out. I thought that there should be a way for these people to find each other, and maybe I could help. 

I know from my involvement with Contemporary Art League that access to temporary space is an issue that has been raised by many people. CAL plans to have a physical location with temporary space to rent out but this is still a ways down the road. I have a side project called The Artist's Contract (TAC) and we've partnered with CAL to boost the visibility for both our initiatives. It seemed a logical next step to further our partnership by joining forces to address this need we have both seen in our community. 

TAC encourages and helps artists to use contracts and provides templates they can use for free. I recognized that allowing one artist to use another's studio is a process that should be clarified and protected by a contract and that TAC could offer an agreement template for just such a situation. Upon the recommendation of one of our attorney advisors, we applied for funding from the Sustainable Economies Law Center to hire an attorney to draft a template agreement. We were successful in obtaining the funding and attorney Hope Mohr created a comprehensive Licensing Agreement that will be housed on TAC's website as a template that will be available to use for free. 

Now we are building the mechanisms for artists to connect with each other about lending and borrowing a studio. They will be able to submit their "needs" and "offers" which will be posted on a virtual bulletin board on the CAL website. We like to think of it as the bulletin board in your favorite café where anyone can put up a flier for a "room for rent". CAL and TAC won't be directly involved in matchmaking but we will provide the tools for this type of arrangement (the Licensing Agreement Template and a negotiation checklist) and the space (the bulletin board) to facilitate connections.

A team of dedicated volunteers has worked for the past few months on developing this idea into what is now called STUDIO LOAN. We have had many conversations about the artists we knew who could benefit from an initiative like this.

A lot of artists we know work from home—either in a room, a garage, or at the kitchen table.  A lot of them have a roommate or family situation that makes it difficult to invite curators and artists over for professional visits. Many artists live on the outskirts of LA and it can be hard convincing someone to drive to Long Beach, San Fernando, or Anaheim. This makes it enormously difficult to host studio visits—a crucial piece of networking and garnering opportunities for an art career. 

Other artists don't need a long-term studio space but occasionally will have a project that requires a studio short-term. At the same time, artists who have a yearlong lease may find that they will be away for a month at a residency, or can't be there on certain days because of their side hustle. They may want to lend their studio in exchange for funds to help with their overhead. Creating a space where these folks could find each other and giving them the tools to talk through the issues that they might want to consider is the goal of STUDIO LOAN. 

by Cara Miller, attorney

A license agreement offers a practical solution for artists seeking short-term, specific use of a studio. Unlike a sublease, which transfers tenancy from the original tenant to a subtenant for a specified period, a license agreement enables artists to grant certain rights to fellow artists without the complexities and liabilities associated with traditional leasing arrangements. For example, a sublease often requires the original tenant to remain liable for lease obligations, such as rent and property damage, and may necessitate landlord consent. Meanwhile, a license agreement provides clear and limited access rights to the licensee, allowing the lessor to retain greater control over the space and its use while still providing temporary access. Long story short - a license agreement transforms what would otherwise be considered a “trespass” into a mutually beneficial opportunity for collaboration.

As a contracts attorney, I consistently advocate for the use of written agreements, such as the STUDIO LOAN agreement. Written agreements clearly delineate the rights, obligations, and expectations of each party involved. Having a well-defined contract in place fosters a smooth and transparent relationship, both on a business and personal level. Written contracts offer legal protection by serving as concrete evidence of the agreed-upon terms, ensuring compliance with legal requirements and regulatory obligations, and mitigating risks associated with studio lending, such as liability and property damage. 

Although a written agreement may seem excessive or unnecessary for a limited situation such as a studio loan, think twice about agreeing via a “handshake deal”. Some states, like California, recognize oral agreements as legally binding in certain situations. Relying solely on oral discussions leaves room for ambiguity and misunderstandings. Without a written contract, crucial details such as the scope of use, duration, rental fees, and liability provisions may be subject to interpretation, leading to potential conflicts and complications down the line.

By MonaLisa Whitaker, artist and arts advocate

I’ve lived and worked in Inglewood, CA since 1993 and have had a variety of studio situations. Between 2004 and 2010, I had a studio outside my home at the Warren Lane Studios just off Centinela, which was sold in 2012. Now I typically set aside space in my apartment to create my analog and mixed-media photographic artworks. 

I’ve been active in the Inglewood arts community including my role as Executive Director leading Inglewood Cultural Arts, a multidisciplinary arts nonprofit, and advocating for the passage of the live/work ordinance. Through my community work, I have been able to meet other local artists who had similar studio set-ups in their homes as well as a large number of artists in commercial and industrial buildings spread around the city.

Inglewood’s artists are diverse reflecting a range of disciplines as well as backgrounds, educations, career statuses, ages, countries of origin, ethnicities, and abilities. However, one common thread recognized among them is the importance of having dedicated space to make your work.

When an artist has an opportunity to travel and/or attend a residency, and their studio will be unused, they usually make phone calls and send emails letting fellow artists know that short-term space is available. This method has worked for years since many artists were familiar with each other but as Inglewood changes and grows, new artists move in and they may not be tapped into existing networks.

Having a place where artists can learn about available studio spaces or post their need for one will streamline the process of connecting artists and temporary/available space, not only in Inglewood but within the wider Los Angeles region. Additionally, the bulletin board will help artist-parents such as myself, who need space to work on a specific project for a short period without the worry of signing a long-term lease.

I know that this resource will be beneficial to the community of artists in Inglewood.