8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
1/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
CARFAC National
Canadian Artists Representation/ Le Front des artistescanadiens
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
2/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
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
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
3/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
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
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
4/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
Professional Development Resources
Publications Newsletters &
Ebulletins
Workshops
Sta f expertise
Certicates of Canadian
Origin
IAA Cards
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
5/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
Regional A f liates
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
6/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
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
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
7/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
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
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
8/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
CARFAC Campaigns
Social security net Copyright and the
Artists Resale Right
Public Funding Tax Reform
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
9/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
Copyright Basics
Copyright is a bundle of rights Enables creators to make money from the sale,
public exhibition, and reproduction of their work.
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
10/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
Exhibition Right
When their
work isexhibited in a"publicexhibition"other than forsale or hire
Works createdafter June 8,1988
One of very fewcountries
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
11/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
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
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
12/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
Reproduction Right
Sole right to reproduce awork or any substantial
part of it in any materialform Permission should be
obtained in writing
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
13/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
What is considered substantial?
Not dened in the Act Courts consider:
Quantity Quality
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
14/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
Reprography Right
Database
storage,photocopying,xerography,duplicating(from a stencil)or similar
means,microform,(includingmicroche),transcription ordrawing
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
15/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
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.
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
16/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
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
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
17/21
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
18/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
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
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
19/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
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
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
20/21
Presented by CARFAC: Canadian Artists RepresentationPrsente par CARFAC: Le front des artistes canadien
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
8/8/2019 CARFAC presented by Patrick Close of CARFAC Saskatchewan
21/21
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!