CARFAC presented by Patrick Close of CARFAC Saskatchewan

8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan

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Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien


CARFAC National

Canadian Artists Representation/ Le Front des artistescanadiens


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CARFAC

No one is morequalied to speak onbehalf of artists thanartists themselves.

The national voice of Canadasprofessional visual and media artists

JackChambers,Founder of Canadian

ArtistsRepresentation


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What is a Professional Artist?

A professional artist:

Work is often seen by thepublic

Possesses a diploma in thene arts

Earns a living through art-making

Teaches art in a school of art

or applied art Recognized as an artist by

their peers


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Professional Development Resources

Publications Newsletters &

Ebulletins

Workshops

Sta f expertise

Certicates of Canadian

Origin

IAA Cards


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Regional A f liates


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CARCC

Canadian Artists Representative Copyright Collective(CARCC) licenses and administers copyright for visualand media artists

Some of the copyrights administered by CARCC are: Exhibition, Reproduction, Reprography, and

Telecommunication

CARCC is a for-prot subsidiary of CARFAC

Artists who join CARFAC are not automatic members of CARCC


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Visual Artists are Under Pressure

The average income of a visual artist in Canada in 2005 was

$13,976 Half of visual artists earn less than $8000 Even Governor General Award winning artists nd it di f cult if

not impossible to make a living from their art. Women visual artists earn an average of $11,421

In Ontario alone, 98% of art collections are acquired bydonation, with a value at $130 million.

41 per cent of artists have a university degree, a certicate, ora diploma almost double the rate of the overall labour force

65% of visual artists are self-employed. Visual arts contribute $1 billion to the Canadian economy Social benets include quality of life, community pride and

the individual experiences people have with visual art


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CARFAC Campaigns

Social security net Copyright and the

Artists Resale Right

Public Funding Tax Reform


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Copyright Basics

Copyright is a bundle of rights Enables creators to make money from the sale,

public exhibition, and reproduction of their work.


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Exhibition Right

When their

work isexhibited in a"publicexhibition"other than forsale or hire

Works createdafter June 8,1988

One of very fewcountries


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CARFAC Minimum Fee Schedule

The CARFAC Minimum FeeSchedule establishes guidelinesfor payments to visual artists forthe use of their work inexhibitions and reproductions,and for other services or

consultation.

1968 - CARFACestablished

1972 - Principle of artist feesaccepted by galleries

1988 - Copyright Act

amendment includesExhibition Fees1998 - Certied by

CAPPRT under Statusof the ArtistLegislation

2008 - New agreementwith museums onartist fees


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Reproduction Right

Sole right to reproduce awork or any substantial

part of it in any materialform Permission should be

obtained in writing


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What is considered substantial?

Not dened in the Act Courts consider:

Quantity Quality


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Reprography Right

Database

storage,photocopying,xerography,duplicating(from a stencil)or similar

means,microform,(includingmicroche),transcription ordrawing


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Moral Rights

The right to integrity of art work Protects your artwork against distortion, alteration or mutilation

for example, in a way which prejudices your reputation orhonour

Michael Snow The right to paternity of the work

To associate your name as an authorof the work either under your realname or a pseudonym and the rightto remain anonymous, where it isreasonable in the circumstances

protect your visual image from association with a cause, a

product, service, or institution to which you are personallyopposed Moral rights may be waived but they cannot be assigned.


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Copyright Ownership

Copyright doesn't have to beregistered in Canada

Copyright protection lastsfor the life of the creatorplus 50 years after the

creator's death. Exceptions:

Artists under contract of employment

Commissioned photographs,prints and portraits

Fair Dealing


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Bill C-32

Extends rights to photographers, portrait artistsand printmakers

Extending fair dealing to parody and satire Extending fair dealing to education

Possible loss of revenue

for artists Lack of clarity about

what is fair Does not include a

Resale Right


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The Artists Resale Right

Would entitle artists to

receive a percentage fromthe resale of their work In Europe it ranges from

2-5%. The full value of an artwork

often isnt realized on theinitial sale Currently law in 56

countries Cli ord Possum

Tjapaltjarris painting,Warlugulong, sold for $2.4million thirty years after theartist sold the work for amere $1200

Aboriginal and senior artistswould benet in particular


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Tips for avoiding legal problems

Know your rights Workshops, advisory notes,

best practices, books, consultCARFAC sta

Get it in writing Use standard contracts and

get help if you need it

If you have a problem: Negotiation is your best bet Small claims court, pro-

bono, legal aid


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Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadienPresented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien

For more information:

www.carfac.caToll-free: 866-344-6161

Thank You!

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CARFAC presented by Patrick Close of CARFAC Saskatchewan

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