Copyright in Canada is automatic upon creation of a work and usually lasts for the artist's lifetime plus fifty years. Through its licensing services, CARCC can help an artist to protect copyright and to benefit from it.
Copyright fees are a necessary and prime source of income for visual artists. Even after the original work is sold, the copyrights remain with the artist (unless specifically assigned or separately sold). Thus, an artist can continue to generate revenue from a work that has been sold. Sold or not, a work may generate income through copyright use in exhibition, reproduction (in books or magazines & etc), digital reproduction on CD ROM, publication on the internet, use in film or video, etc. The possibilities are endless.
CARCC stands for Canadian Artists Representation Copyright Collective Inc.
CARCC was established in 1990 by CARFAC, Canadian Artists’ Representation / Le Front des artistes canadiens, a professional association that works for visual artists. CARCC was founded to put into practice the principles concerning artists’ copyrights for which CARFAC continues to advocate – the professional practice of using written agreements (licences) and the payment of appropriate fees for the use of copyright. CARCC is a corporation separate from CARFAC, but controlled by CARFAC, which is CARCC’s sole shareholder. Members of CARFAC’s executive committee form CARCC’s board of directors.
CARCC’s members are called affiliates, because being with CARCC means that the artist is part of a collective rather than a member of another sort of organization. Affiliation means that the artist assigns his or her copyrights to CARCC for the purpose of administration. Collective administration of copyright means that there is strength in numbers. Affiliation with CARCC is separate from membership in CARFAC – one may be a CARCC Affiliate without being a member of CARFAC. Please note that communicating with CARFAC does not necessarily mean that CARCC will be informed, so, for example, a change of address should be sent to both organizations.
The CARFAC Minimum Fee Schedule is a detailed schedule of copyright fees. It describes uses that might be made of a visual artist’s copyright, and recommends minimum fees that might be due for those uses. CARCC negotiates fees using the Fee Schedule as a guideline – an artist may demand higher fees if his or her market has reached a higher level than the recommended fees. A user might offer more, or bargain for less. Permission for a use is granted once agreement is reached on the terms of the use and the fee to be paid. Currently, CARCC updates and maintains the Fee Schedule for CARFAC – major changes to the Fee Schedule are voted on annually by CARFAC members, and efforts are made to assure that it is a standard recognized by artists and users alike.
Some of the copyrights administered by CARCC are Exhibition, Reproduction, Reprography, and Telecommunication. Moral rights are cited in CARCC licences, but they remain the intellectual property of the artist, as they may not be assigned.
Briefly, the Exhibition right, as described in the Copyright Act, is the right to present at a public exhibition, for a purpose other than sale or hire, except for a map, chart, plan, or cinematographic reproduction that is protected as a photograph.
The Reproduction right is the right to reproduce a work, or any substantial part thereof, in any material form.
The Reprography right is the right to make visually perceivable facsimile copies of previously published works, including photocopying, duplicating from stencil, microform, transcription, drawing for an overhead or slide projection.
The Telecommunication right is the right to use a work on radio or television and the right to the transmission of the work via cable, satellite, and telephone wires. This right includes the right to the retransmission of the same work.
Moral rights include the right of paternity, which is the artist’s right to be credited or to remain anonymous; the right of integrity, which protects an artist’s work from distortion, mutilation; or alteration; the right of association, which protects an artist from association with unapproved causes. Moral rights cannot be assigned, but an artist can waive them.