Posts Tagged ‘raav’
Monday, July 14th, 2008
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:
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
Tuesday, March 11th, 2008
RAAV has a press release on the ruling by the Quebec Court of Appeal in the case of Marc-André Jacques Fortier v. Gestion B. Brisson et Associés et Brian Brisson (also available in original French):
For the first time, a visual artist, Marc-André-Jacques Fortier, sculptor and member of RAAV, dared to push to the limit the defence of his rights with regard to a private gallery that neglected to sign contracts and keep appropriate accounts relative to the artist’s works. Defended by an experienced lawyer, J. L. Wolofsky, the artist was able to demonstrate definitively the effectiveness of the statute when it comes to the obligation for artists and private presenters to sign individual contracts.
Monday, January 21st, 2008
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
Wednesday, December 19th, 2007
I’m a bit late on distributing this press release. I’ve been hoping to read the platform first, but this time of the year is simply too busy!
Here’s the PDF version of the platform in the original French and translated English.
Montréal, December 13 2007.
7 professional associations of artists and performers and 5 copyright collective societies take position on the coming reform of the Copyright Act
DAMI© (Droit d’auteur/Multimédia-Internet/Copyright) is a coalition of 12 professional associations of artists and performers and copyright collective societies active in the theatre arts, visual arts, audiovisual (radio, television, movies, and commercials), literature, applied arts, and recording. Together, these twelve associations and collectives represent more than 50,000 artists and copyright holders.
Creators’ associations :
Performers’ association:
Copyright collective societies:
DAMI© defends the interests of authors and performers in the process of revision of the Copyright Act of Canada.
The present platform reflects the common positions of the different associations and collective societies in the DAMI© coalition. Each of them, however, remains free to provide details or supplementary information, or to complement the analysis of the issues pertinent to its field of activities
As you will see these positions are articulated around three major concerns for both creators and performers:
1. Reaffirming the importance of protecting creators’ moral rights and affirming the importance of protecting performers’ moral rights
2. Ensuring that creators are associated with the economic life of their works throughout the duration of the protection provided in the Act and that performers be associated with the economic life of their performances
3. Recognizing that only collective management of copyright and neighbouring rights can permit proper circulation of copyright-protected works by facilitating their use and the payment of royalties by users, while ensuring reasonable compensation to holders of copyright and neighbouring rights.
Have a good reading.
Monday, December 10th, 2007
This was also distributed to the delegates at the Summit:
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
Monday, November 26th, 2007
Ottawa, November 26, 2007 – A landmark agreement has been reached for the first time in over 40 years between the museum community and artists’ organizations over fees for exhibition of artists’ works. The agreement puts an end to a long-standing impasse and will lead to a new era of cooperation.
“We are very pleased with this agreement,” said Gerald Beaulieu, President of CARFAC, on behalf of all organizations. “It means that museums and artists’ organizations will work closely together on many fronts, including the economic well-being of artists and for improved funding for Canada’s museums and galleries.”
On November 19 and 20, 2007, representatives from CARFAC and RAAV met with CMA and CAMDO representatives to hammer out the new deal with a retired justice of the Supreme Court of Ontario as mediator. Subsequently, the agreement has been formally approved by all organizations.
The new streamlined fee schedule goes into effect on January 1, 2008 for a 5-year term and soon will be posted on the partners’ websites. It is simplified for ease of administration and provides useful definitions. It will be adjusted annually by a 3% increase.
Most importantly, the parties agreed to pursue the establishment of a new Exhibition Right Fund, similar to the highly successful Public Lending Right Fund, which provides compensation to authors of books used in public libraries. When the new Exhibition Right Fund is established the fee schedule will be renegotiated at that time.
The agreement establishes a joint committee that will advocate for the proposed Exhibition Right Fund, develop templates for standardized contracts for exhibition and acquisition, and address mutual interests which will move the visual arts forward.
The announcement was made at the opening of the Visual Arts Summit, the largest meeting in Canadian history of the visual arts community. Over 450 artists, dealers, collectors and museum officials have gathered in Ottawa to explore new ideas to strengthen the sector and to improve the public appreciation of the visual arts. A statement and action plan will be finalized at the conclusion of the Summit on Tuesday, November 28, 2007.
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For further information, contact:
John McAvity
Executive Director
Canadian Museums Association
613-567-0099 x226
jmcavity@museums.ca
www.museums.ca
Shawn Van Sluys
Executive Director
Canadian Art Museums Directors’ Organization
613-862-5035
shawn.vansluys@camdo.ca
www.camdo.ca
April Britsky
Executive Director
Canadian Artists’ Representation/le Front des artists canadiens (CARFAC)
613-233-6161
carfac@carfac.ca
www.carfac.ca
Christian Bédard
Executive Director
Regroupement des artists en arts visuels du Québec (RAAV)
514-866-7101
christian.bedard@raav.org
www.raav.org
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