Julianna Yau’s blog

I’ve been doing more in the “real world” the past few days, and am terrified of the total count of blog posts waiting to be read. I’m very tempted to simply hit the wonderful “mark all as read” button!

What I’ve been up to:

• getting my studio and Globe Studios ready for Doors Open Waterloo next Saturday
• sculpting!
• meeting with Cindy Jacobsen
• meeting with Bill Poole from the Centre for Cultural Management and Technology In The Arts Canada to discuss my involvement with the next TitA conference

What’s coming:

• Thomas Homer-Dixon lecture: “Crisis and Resilience: Why the Future Won’t Be Anything like the Past and What We Can Do about It”
• more sculpting!
• Doors Open Waterloo
• opening receptions for exhibitions at the Kitchener-Waterloo Art Gallery
• CARFAC Ontario AGM
• Grace Wescott at the next ALAI meeting
• sleep, I hope!

The past week has reached a pinacle of maddess for me, with my studio still in transition and my computer’s ethernet card not playing nice with Linux. I’m determined to get caught up by the end of the month, both in terms of sculpting and email/blog/etc reading. In the meantime, here’s an exciting press release from CARFAC:

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Since October 2007, CARFAC-RAAV have been involved in a productive ongoing discussion with representatives from the Copyright branch of Library and Archives Canada (LAC), concerning a new standard licence for visual artists. You will remember that in the fall of 2007, we publicly recommended that artists not sign the old contract because we strongly felt that it contained unreasonable requests regarding the use of artists’ copyrights, and that they had few options to negotiate its terms. In particular, we objected to the fact that artists were asked to make their work publicly available without financial compensation, and that there was significant potential that their moral rights could be mistreated.

Following our public release, LAC communicated that they were willing to create a contract that is more respectful of the artists they work with, and demonstrated a desire to collaborate with CARFAC-RAAV and CARCC to draft a new contract to ensure that fair practice is upheld. We are pleased to report that this effort has been successful, and that a new contract has been prepared.

First we would like to underline the fact that the new contract is much improved over the previous version, and we commend LAC for working with us to prepare a contract that allows copyright holders to decide upon what terms their works should be used by LAC. It is clear from the new language in this contract that it is negotiable and flexible for the artist, and that the artist’s right to choose is respected at every step. For example, the artist can cross out all the uses he or she is not permitting LAC to use an image for. The artist can also establish the duration of the licence and whether financial compensation is requested or not. Moreover, the information letter of introduction accompanying the licence has been expanded and modified in order to better explain the nature and conditions of the request made by LAC to use copyrighted material.

There is one article in particular that we had questions about, and which the artist has the right to authorize or not. This is regarding the use of an image by educational institutions. The dissemination of content for educational purposes is part of LAC’s mandate, and as such, teachers and students frequently use their online materials for the purposes of study and research. The new licence requests permission from the artist to allow educational institutions to use an electronic image of an artwork, which they may post on the institution’s website, reproduce, present, or publish for educational uses. It is LAC’s practice to make low resolution images available for this purpose. The licence allows for non-commercial uses only, and if someone asks to reproduce it for commercial or advertising purposes, the copyright owner must be consulted and permission must be obtained apart from this licence. Under this article, the artist is given the choice to give authorization or to deny it, and we recommend that artists carefully consider the full implications of giving such permission. CARFAC-RAAV also welcome artists who have questions about any contractual agreement to consult with us about what their options are.

All in all, this new contract is a drastic change from the initial one and we are glad that the action we took brought about a change in LAC’s approach regarding visual artists’ rights. Following this conclusive experience, CARFAC-RAAV look forward to collaborating with LAC in the future.

For more information:
carfac@carfac.ca
1 (866) 233-6161
www.carfac.ca

Toronto, Ontario, June 26, 2008 – There is little visionary thinking behind Bill C-61 – An Act to Amend the Copyright Act of Canada in regards to the visual and media arts. The federal government will latch on to the fact that they have updated the rights of photographers so that they now align with other creators – CARFAC Ontario had actually suggested that this update be broadened to include printmakers and portrait artists.

“So much attention was paid to the needs of visual and media artists in the platform document that was collectively assembled by the Creators Copyright Coalition yet there is so little in this current bill that addresses those concerns,” said Julianna Yau, CARFAC Ontario Board Secretary.

As an example, jurisdictions like the State of California are embracing the resale right or “droit de suite” which gives visual and media artists a right to a percentage of the sale price that is paid to an artist when one of their works is resold by a gallery or other purchaser. North America has generally lagged behind the European Union which in 2001 issued a directive requiring member states to institute the “droit de suite” right in their copyright policies. In the United Kingdom alone the Designers and Artists Copyright Society (DACS) has collected £5.2 million (approximately $12million) in resale royalties for over 1500 artists since February 2006.

It is also disappointing that wording around the Exhibition Right was not strengthened to oblige publicly funded exhibitors to pay visual and media artists for all uses of their work. This is the sort of revision that will likely be allowable during the upcoming consultative

For more information about Bill C-61 visit:
http://www.ic.gc.ca/epic/site/crp-prda.nsf/en/h_rp01153e.html

For more information about the Creators Copyright Coalition’s Platform on the Revision of Copyright visit:
http://www.creatorscopyright.ca/documents/platform-jan08.html

CARFAC Ontario is the association of professional visual and media artists in Ontario. We have worked for 40 years to promote the material and moral welfare and rights of visual artists, including legal, economic, and physical health. We believe that artists, like professionals in other fields, should be paid for their work and share equitably in profits from their art practice. The work of CARFAC Ontario is to develop policies, publications and services that assist artists, galleries, curators, art patrons and anyone with an interest in creating a society that supports visual and media
artists. Working, professional visual and media artists actively govern CARFAC Ontario. As artists, we understand the needs of artists and have developed services and programs to assist artists at every stage of their careers.

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Paul Couvrette to take a portrait of Ottawa-Gatineau Residents

May 12, 2008, OTTAWA – NDP MP Paul Dewar (Ottawa Centre) announced today that he will host a public rally to show public support for keeping the Portrait Gallery of Canada in the Capital on Friday May 16. Dewar is joined by Ottawa photographer Paul Couvrette and the Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC).

“Friday May 16 is the final day of submissions for the portrait gallery location. This is our opportunity to gather together and show the cabinet that people in the National Capital Region and across the country want the portrait gallery to stay in Ottawa” said Dewar. “I invite everyone who cares about this project from the arts community to the tourism industry, from my colleagues in parliament to the City Hall, to come together for Ottawa”.

World-renowned Ottawa photographer, Paul Couvrette, will take a portrait of community members attending this historic event. Couvrette will donate this portrait to the Portrait Gallery of Canada. Canadians from across the country will be invited to submit their self-portraits online.

CARFAC affiliates from across the country have indicated their support for keeping the gallery in the capital. Even Allison Argy Burgess of Visual Arts Alberta Association – the only other province with bids for the portrait gallery – has said: “The Nation’s Capital is where a National Portrait Gallery belongs”.

Dewar is urging local media in Ottawa and Gatineau to publicize the event announcement so that our community can send a strong message to the cabinet before the final decision regarding the location of the portrait gallery is made.

Details of the event:

When: Friday May 16, 2008, 12 noon to 1 pm

Where: NCC InfoCentre Terrace, right across from the Parliament buildings on Wellington Street

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Visual and media artists join forces with fellow creators in developing copyright platform

January 21 , 2008 – In anticipation of revisions to the Canadian Copyright Act, Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC), le Regroupement des artistes en arts visuels du Québec (RAAV) and our affiliates have been working to prepare a platform document as partners in the Creators’ Copyright Coalition (CCC).

Highlights of the platform for the visual and media artists community will include:
1) Ratifying the World Intellectual Property Organization (WIPO) Copyright Treaty (WCT), which includes allowances, where necessary, to protect both the rights of users and creators;
2) Improving compliance and recognition of the Reproduction Right;
3) Improving compliance and recognition of the Exhibition Right;
4) Amending of Canadian Copyright Act to include droit de suite, or resale right;
5) Reinforcing and expanding the licensing responsibilities of copyright collectives in the digital environment;
6) Extending protection and reaffirming creators’ Moral Rights;
7) Affording photographers, printmakers and portrait artists the same rights as other visual and media artists.

In the coming weeks, CARFAC/RAAV and the CCC partners will be looking at and reacting to the legislation that is tabled. Keeping artists’ economic interests front and centre is a priority for CARFAC/RAAV. “Many of Canada’s visual artists live below the poverty line. Copyright law should protect the right of these artists to be paid for their work,” said Gerald Beaulieu, president of CARFAC National.

CARFAC/RAAV continues to defend the rights of all visual artists and to provide information and assistance with regard to the visual arts and matters of public policy and/or legislation.

The CCC is an alliance of 18 professional associations of individual creators and performers, and copyright collective societies active in theatre, the visual and media arts, literature, the applied arts, music, recording and audiovisual (radio, television, film, and commercials). Together, these eighteen associations and collectives represent more than 100,000 creators (authors and performers) who are copyright holders. The CCC defends the interests of authors and performers in the revision of the Copyright Act of Canada.

CARFAC and RAAV are artist-run, national non-profit associations of professional visual and media artists. As the national voice of Canada’s professional visual artists, CARFAC/RAAV defend artists’ socioeconomic and legal rights and educate the public on fair dealing with artists. CARFAC /RAAV engage actively in advocacy, lobbying, research and public education on behalf of artists in Canada and Québec.

Resources:
The CCC platform document can be found at: www.creatorscopright.ca.
The Canadian Copyright Act can be found at: http://laws.justice.gc.ca/en/C-42/index.html.
Information about the WCT can be found at: http://www.wipo.int/treaties/en/ip/wct/index.html.

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For further information contact:

CARFAC National
1-866-344-6161
carfac@carfac.ca
www.carfac.ca

Christian Bédard
Executive Director
RAAV
514-866-7101
christian.bedard@raav.org
www.raav.org

Kristian Clarke
Executive Director
CARFAC Ontario
1-877-890-8850
kc@carfacontario.ca
www.carfacontario.ca

Julianna Yau
Secretary
CARFAC Ontario
519-635-0377
desk@juliannayau.com

Patrick Close
Executive Director
CARFAC Saskatchewan
306-522-9788
director@carfac.sk.ca
www.carfac.sk.ca

It seems I’m not the only one growing tired of all the bickering over copyright. Christopher Moore posts to the Creators’ Copyright Coalition a proposal for a public inquiry, which John Degen supports. I’m casting my vote of support to that idea—not only because I’ve been working with the CCC through my work with CARFAC Ontario but because, as you may have gleaned from my recent posts, I don’t think we’re going about this the best way.

CARFAC Saskatchewan has a great thought spots resource section on their website, linking to some online resources on topics like copyright, copyleft and appropriation art.

This was also distributed to the delegates at the Summit:

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Goals:
1. Increase revenues originating from the professional practice of visual arts;
2. Develop a social security net for professional Visual Artists.Actions:
1. Inclusion of the Resale Right in the Copyright Act.
2. Establishment of an Exhibition Right Fund, similar to the Public Lending Fund.
3. Adoption and implementation by the Government of Canada of a Policy for the integration of artworks in the architecture of public buildings (1% Policy) inspired by the Quebec experience.
4. Improvement of the financial and contractual conditions offered to Canadian and Québécois artists for the public presentation of their works.
5. Creation of a social security net for visual artists (collective insurances and retirement fund) based on contributions by artists, presenters, private enterprises and patrons of the arts.
6. Establishment and implementation of fiscal measures to promote the acquisitions of works by professional Canadian and Québécois Artists by individuals and private enterprises.
7. Creation of Regional Contemporary Art Funds dedicated to the acquisition by local and regional museums of works by professional Canadian and Québécois Artists based on contributions by the different levels of government, private enterprises and art patrons, inspired by the French experience.
8. National promotional campaign to present professional Canadian and Québécois Artists and to develop in the public a better understanding of the new artistic movements.
9. Establishment for Artists of a federal tax credit for the first 15 000.$ of copyright and/or net sales of visual art works.
10. Invite banks and credit unions to give loans at advantageous rates and conditions for the purchase of artworks by professional Visual Artists from Quebec and Canada.
11. Net increase by the Canada Council for the Arts of the sums dedicated to the visual arts sector for creation, research, development, production, presentation and acquisitions.
12. Obtain the abolition of the federal income tax on Artist’s awards and bursaries.

For further information contact:

April Britski
Executive Director
CARFAC National
1-866-344-6161
carfac@carfac.ca
http://www.carfac.ca

Christian Bedard
Executive Director
RAAV
(514) 866-7101
christian.bedard@raav.org
http://www.raav.org

Hot off the presses!:

Collective Agenda for the Visual Arts

Visual Arts Summit, Ottawa, November 2007
Art is the face of Canada.

We, as artists, curators, collectors, dealers, educators and supporters, are united to enhance the opportunities for Canadian art to be created, seen, understood and enjoyed. We came together in the largest gathering of the visual arts in our history, to proclaim the critical role of the visual arts in an innovative and compassionate society in the 21^st century. We know what is needed: we call on the governments, nations and peoples of Canada to join us in realizing our potential.

The visual arts community acts within an increasingly complex environment, with stagnant or shrinking resources. The growth in public engagement with the visual arts is not reflected in government policies or support. Canadian artists, galleries and museums have been starved for too long. Too many people work in the visual arts without an adequate livelihood or long-term security.

The lack of vigorous and consistent policy, particularly from the federal government, is unacceptable. The visual arts provide a high level of service while receiving an unjustly low level of support from most government agencies and departments. In a time of global challenges calling for dialogue and understanding, the Canadian government has cut support for our international cultural profile. The unique and diverse character of Canada is under threat. The visual arts offer the best opportunity to counter this threat. It is time to recognize the place of visual arts at the centre of society.

We commit ourselves to work together:

• To satisfy the public’s growing demand for participation in visual culture;
• To communicate the sector’s needs with a united voice;
• To provide a secure livelihood for artists;
• To acknowledge the varied cultures of the indigenous peoples of this land;
• To reflect the diversity of our society; and
• To strengthen the institutions that advance the visual arts.

With a united voice, we advocate:

1. To create a new alliance across the sector, to advance the position of the visual arts;
2. To engage public appreciation for, and connection with, visual arts in all their forms;
3. To provide stronger and stable support to artists and to the individuals and institutions that present, preserve and interpret the work they create;
4. To establish a dedicated fund for the payment of artists for the public exhibition of their works;
5. To increase investment in arts education for all ages and from all levels of government;
6. To provide dedicated support for Aboriginal arts; and
7. To recognize and support the leading role of visual arts in strengthening Canada’s international profile.

We envision a Canada that embraces creativity in all its dimensions. We believe in art that challenges us, deepens our understanding, and bridges our differences. Visual arts build a more tolerant, diverse and creative world.
Show your support, sign the statement here, and forward the link to your colleagues:
www.petitiononline.com/visarts/petition.html

For more information:
Canadian Museums Association
613-567-0099
info@museums.ca
www.museums.ca
www.visualartssummit.ca

Summit Partners:
Aboriginal Curatorial Collective: www.aboriginalcuratorialcollective.org
Art Dealers Association of Canada: www.ad-ac.ca
Artist-Run Centres and Collectives Conference: www.arccc-cccaa.org
Canadian Artists’ Representation (CARFAC): www.carfac.ca
Canadian Education Association: www.cea-ace.ca
Canadian Museums Association: www.museums.ca
Canadian Art Museum Directors’ Organization: www.camdo.ca
Independent Media Arts Alliance: www.imaa.ca
Royal Canadian Academy of Arts: www.rca-arc.ca

The closing remarks by the panelists in the afternoon were wonderfully powerful and reaffirming.

Shawna Dempsey has become one of my new heroines. Her speech was not merely insightful and eloquent, but immensely powerful and provided artists with the much-needed voice for the Summit. She reminded us that one of the stark things missing from the Summit was any direct discussion of the position and concerns of the individual artist. She remarked on the fact that we were all struck by the low artist income figures from Kelly’s presentation but that it was never mentioned again—that we seemed to almost be in denial of the fact that artist wages are so low. She also noted that there was no discussion on the conditions under which artists produce and live, and asked why so many creators of culture live below the poverty line. She brought our attention to the fact that artists subsidize the creation of their own work, and that society perpetuates the concept that current living conditions of artists are acceptable. And she reminded us that there will be no true change if the needs of individual artist are not considered.

Gerald Beaulieu, the President of CARFAC National, recapped some of the themes of the Summit and reminded us to think forwards from the Summit. He repeated the quote that “there is nothing creatively rewarding about not being paid”—a sad reality for some artists. He reminded us of the importance to maintain the momentum of the Summit and to build relationships. He also made specific reference to things we can do after leaving the Summit, such as work on realizing the Exhibition Right Fund and urging the Canada Council to have their artists’ grants refocussed on the research and creation of works rather than on the career stage of the artist because the Canada Council is not in the business of career development.

Hank Bull presented his closing remarks in the form of a wish list, which he dubbed “Hank’s List”:
1. Cultural diversity
2. Internationalism—both taking art and ideas outside of Canada and bringing it into Canada
3. Having the National Portrait Gallery in Ottawa (ed note: the nation’s capital, after all)
4. Strong national Museums Policy
5. Strong Support for Aboriginal Arts
6. Reaffirmation of peer juries
7. The National Gallery to take a leadership role
8. Solidarity from the Summit
9. Another Summit in 2 years
10. Universities to accept arts credits at the same level of other high school credits (ed note: I’m paraphrasing because he appended this to the list during the question period)

Tony Luppino reinforced that there needs to be real action coming from the Summit. He urged us to remember the importance of putting numbers to the things we want—to not simply ask for “increases”, but to ask for the actual amount of increase that we need to achieve our goals. He hoped (and I, too, hope) that from this Summit will come the formation of committees and action groups. He indicated that we need a real strategy for what to do with the National Portrait Gallery, rather than pitting cities against each other. He said that collection agencies should not call themselves that if they do not have a collection budget, and reinforced the need for more work to be done on the issue of education. He also asked us whether it would be beneficial to take up the issue of artists’ rights as human rights issues.

After these closing remarks by the panelists, many of the delegates also made pointed out items which still need to be addressed (my apologies to my fellow delegates: I was not able to capture names):
-publications not merely for broad audiences, but for specialized audiences
-support for the reinstatement of the art transport service
-raw studio space disappearing
-the need for an occupational health & safety report of the mental and physical health of artist work space
-the problem of artist advocates’ salaries being as low as the artist salaries
-the need to form a group to represent the sector, with an action plan
-the need for a government inquiry into the concerns raised at the Summit