Julianna Yau’s blog

Because I need to feed the geek in me.

 

Links - May 5th

Filed under : arts administration, copyright
By Julianna Yau
On May 5, 2008
At 8:17 pm
Comments : 0
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Finding adoptive parents for “orphaned” works

Today, I was informed that the Orphaned Works bill in the US has been resurrected. One of the problematic aspects of the bill is its assumptions that any unregistered work can be considered orphaned. This is a huge change to the way copyright currently works, and is a chilling proposed solution to the problem of locating a copyright holder (which I mentioned yesterday).

Some things to consider:

  1. Currently, all works in the US (like in Canada) are automatically copyrighted to the creator. No registration is required. This greatly reduces the financial and administrative burden of some creators, and increases the financial and administrative burden of creators who appropriate/creatively reuse work. It also increases the financial and administrative burden of any other party who wants to use a copyrighted work in a context outside of fair use.
  2. The Orphaned Works bill proposes that works which are not registered will be considered orphaned, and therefore not be protected by copyright or moral rights. This will allow greater access to works outside of the context of fair use, but swing the financial and administrative burden to the creators.
  3. The cost of copyright registration in the US is currently $45 per work. For me to register the copyright in the US (if I were working from the US) for my modest collection of 27 sculpture would cost $1,215. For some, this could be seen as part of the cost of producing work and/or securing their ability to further generate income from their work. However, this would be impossible for artists who generate any amount of income based on a low overhead.
  4. Registration of copyright in the US requires the submission of a copy of the work. This is not the case in Canada (and, oddly, Canada’s registration fee is substantially higher at $65 per work for most types of work).

A quick search on Google shows that this is has been a concern in the US for some time. As Mark Simon noted, this is also happening in Europe (although I am having a difficult time tracking down information about that, amidst all the US content).

Locating the creator of a work is certainly an issue, but these proposed changes are not the solution… primarily because the solution shouldn’t create a whole host of problems for those who used to be protected.

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Filed under : art, copyright
By Julianna Yau
On April 14, 2008
At 8:22 pm
Comments : 2
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C-10 - Missing the point?

Michael Geist points to an article in The Star by Peter Howell which quotes a spokesperson for Heritage Minister Josée Verner as indicating that “Canadian Heritage has not received an application for a production containing criminal content”.

This is great news, but doesn’t make people’s concerns a simple case of “legal absurdity”. The proposed wording in C-10 uses the phrase “public policy“, and does not speak specifically to issues of criminal content. Again, the concern is not the isolated inclusion of the phrase “public policy”, but its existence alongside Charles McVety’s lobbying “to deny tax credits to TV and film productions that contain graphic sex and violence or other offensive content”.

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Filed under : arts administration, movies
By Julianna Yau
On March 11, 2008
At 7:50 pm
Comments : 0
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C-10 Opposition Still Going Strong

Filed under : arts administration, movies
By Julianna Yau
On March 8, 2008
At 12:44 pm
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Continuing C-10 Drama

Filed under : arts administration, movies
By Julianna Yau
On March 7, 2008
At 6:51 am
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Digging deeper into C-10

Filed under : arts administration, movies
By Julianna Yau
On March 5, 2008
At 8:31 pm
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Still more responses to C-10

Filed under : arts administration, movies
By Julianna Yau
On
At 6:43 am
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More on C-10

A few more chime in on C-10:

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Filed under : arts administration, movies
By Julianna Yau
On March 3, 2008
At 7:19 pm
Comments :1
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Visual Arts Alliance Applauds Motion for Artists’ Tax Exemption

OTTAWA, February 26, 2008 — A parliamentary motion to exempt artists from paying taxes on their first $50,000 of income is being applauded by visual artists and institutions across Canada.

The motion—M431—was introduced by Winnipeg MP Pat Martin (NDP) on January 24 and reads as follows: “That, in the opinion of the House, the government should: (a) recognize and acknowledge that artists contribute greatly to the social, cultural and economic well-being of Canada; (b) take note that, in other countries such as Ireland, income earned by artists, writers, performers and creators of art is exempt from income tax; and (c) give consideration to exempting up to $50,000 of annual income earned by artists, writers, creators, and performers who work in Canada’s cultural industries.”

“How many Oscar-winning actors and award-winning painters are languishing and not realizing their full potential for lack of resources?” says Mr. Martin. “We need new economic engines and the arts and culture are legitimate means of economic development.”

Tax relief for artists isn’t new. In 1995, Quebec introduced an exemption on an artist’s first $15,000 in copyright royalties when their total income is under $30,000. Since then, artist associations have been lobbying to bring this exemption to the federal level.

“The income of many artists is already marginal. Mr. Martin’s motion would greatly assist them in improving their livelihood, professional practices and the creative economy as a whole,” says Gerald Beaulieu, National President of the Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC).

Artists in Ireland have enjoyed tax exemption for 36 years, resulting in highly successful artists internationally and increased public appreciation for the arts. In 2002 the amount of tax theoretically forgone to the Irish state because of the exemption was €24 million. The projected cost to the Canadian tax base is currently being calculated.

Comprised of eleven national visual arts associations, the Visual Arts Alliance is committed to advancing the status of visual artists and institutions in Canada.

For more information on the Visual Arts Alliance, contact any member:

Aboriginal Curatorial Collective / Collectif des Conservateurs Autochtones
Steve Loft, Ottawa
sloft@gallery.ca

Art Dealers Association of Canada / L’Association des marchands d’art du Canada
Patricia Feheley, Toronto
416-323-1373, gallery@feheleyfinearts.com

Artist-Run Centres and Collectives / La Conférence des collectifs et des centres d’artistes autogérés
Daniel Roy, Montreal
514-524-4529, danielroy@arccc-cccaa.org

L’Association des groupes en arts visuels francophones
Lise Leblanc, Ottawa
613-244-9584, lleblanc@agavf.ca

CARFAC (Canadian Artists’ Representation) / (Le Front des artistes canadiens)
April Britski, Ottawa
613-233-6161, carfac@carfac.ca

Canadian Art Museum Directors’ Organization / L’Organisation des directeurs des musées d’art du Canada
Shawn Van Sluys, Ottawa
613-862-5035, shawn.vansluys@camdo.ca

Canadian Crafts Federation / La Fédération canadienne des métiers d’art
Maegen Black, Fredericton
506-444-3315, info@canadiancraftsfederation.ca

Canadian Museums Association / Association des musées canadiens
John McAvity, Ottawa
613-567-0099 x226, jmcavity@museums.ca

Independent Media Arts Alliance / L’Alliance des arts médiatiques indépendants
Jennifer Dorner, Montréal
514-522-8240, dir@imaa.ca

Le Regroupement des artistes en arts visuels du Québec
Christian Bédard, Montréal
514-866-7101, Christian.bedard@raav.org

Royal Canadian Academy of Arts / L’Académie royale des arts du Canada
Milly Ristvedt, Toronto
416-408-2718, milly@kos.net

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Filed under : art, arts administration
By Julianna Yau
On February 26, 2008
At 4:06 pm
Comments : 0
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Other responses to the CMEC’s proposal

Filed under : copyright
By Julianna Yau
On February 1, 2008
At 6:34 pm
Comments : 0
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