Understanding the Laws of Art and Culture in Georgia’s Cities

BY GINA GRESHAM, GMA LEGAL ASSISTANT

Cities in the state of Georgia are beginning to enjoy the beautiful spring and summer weather, which provides more time to enjoy the great outdoors filled with natures beauty.

AT THE SAME TIME, CITIES ARE TAKING PRIDE IN their history and have embarked on incorporating all types of art into their historic culture. Art is broadly defined and can include music, music festivals, murals, paintings, art festivals, special artifacts, and monuments that speak to the heart and history of the city.

Many cities have adopted ordinances that allow them to define districts within the city as festival or entertainment districts to display all types of art and culture. It is the hope that this art will draw visitors to their cities and gives passers-by the enjoyment of seeing all types of art on display. While the display of all types of art within art districts is sure to be a magnet for different types of cultures, there are quite a few issues that should be taken into consideration prior to taking the leap.

Establishing an arts or entertainment district for art festivals, restaurants, entertainment venues, attractions, and vendors within walking distance of one another lends plenty of options for visitors. The city may choose to display all types of cultural arts through murals, entertainment, and festivals that focus on cultural or historical traditions and require the governing authority of the municipality to adopt an ordinance that encourages and promotes the development of a project within the district.

Below are a few suggestions on the requirements of establishing an entertainment/art district to display all sorts of cultural arts and should take into consideration these main principles in adopting an ordinance:

A. Creation

B. Purpose

C. Boundaries

D. Governance

E. District Powers

G. Services and improvements

Creating an art district to display the talents of local artists, music festivals, murals, and cultural characteristics by local governments, will require cities to determine if the selection of art and festivals qualify as government speech. The government speech doctrine gives the government immunity from free speech challenges. With this immunity, the government can exercise its own ideas without defending First Amendment claims. The purpose of this doctrine establishes and gives local governments the ability to choose the art it desires to display in public spaces/ places and then, display that public art as government speech. When the art is selected as public art/government speech, local governments should obtain a public art easement and own a real property interest in the location at which the public art is displayed.

Once the creation and purpose have been determined and established, cities are ready to designate a particular area to exhibit public art/government speech. A special entertainment district should be established with boundaries clearly marked for the purposes and development of the project.

Governing the special district must show the intent and declaration by the city to provide for creation of an entertainment district and regulate the licensing, sale, and consumption of alcoholic beverages. Regarding licensing, the city may also consider obtaining a copyright and trademark licensing agreement from a third party to ensure permissions to use certain music, paintings, and other displays of art at different art events avoid the elements of copyright infringement claims. For instance, the city may want to consider waivers under the federal Visual Artists Rights Act. Music festivals, art festivals and even mural paintings should be protected on behalf of both the original artist and the local artist.

“While the display of all types of art with in art districts is sure to be a magnet for different types of cultures, there are quite a few issues that should be taken into consideration prior to taking the leap.”

While incorporating art and culture into cities for the joy of development and enhancing the historic district in Georgia cities, the district powers must outline and take the necessary steps to ensure that every “T” is crossed and every “I” dotted. This makes for a successful special entertainment district to display all types of culture and art while preserving the integrity of the city. There are cities in Georgia that currently have special entertainment districts or arts districts that desiring cities may attempt to consult to obtain examples and experience relating to the process of creation, implementation, and completion of such a district.