CARFAC-RAAV Minimum Copyright and Professional Fees Schedules
These schedules are intended as information sources for visual and media artists as well as for the diverse users of their art works. Their aim is to help artists improve their annual income through reasonable payments of their royalties and professional fees by institutions, businesses or individuals using their works or retaining their services. The rates presented in these schedules are minimums.
Users are invited to make every effort possible to pay these minimums as a way to respect the artists and to support their practice. A strong Culture depends on the vitality of its artistic community and, therefore, on the sustainability of their careers.
Since 1968 CARFAC has issued royalty schedules. These schedules were developed from rates established by artists Jack Chambers and Tony Urquhart in 1968. They were updated through negotiation and usage, and reflect increases in the cost of living. In 2004 the schedules were harmonized with those of RAAV to become the CARFAC/RAAV Minimum Royalty Schedule. All royalties are considered minimum payments for the use of the copyrights or the professional services of visual/media artists.
RAAV (Regroupement des artistes en arts visuels du Québec), founded in 1989 to serve the artists of Québec, upholds the same principles – that artists must be fairly compensated for uses of their works. At the same time, RAAV and its copyright society, SODART, had elaborated similar royalty schedules. In 2004, an agreement was made to unify all the schedules into the CARFAC-RAAV Minimum Royalty Schedule.
The inclusion of the Exhibition Right in the Copyright Act is unique to Canadian law. It became part of the Act in 1988, after much lobbying on the part of CARFAC and other artists’ organizations. The Exhibition Right applies to the exhibition of works of visual arts not presented for sale or hire, provided the works were made after June 7, 1988 (the day the Act was reformed). Like all other forms of copying, transmission, or presentation, the permission of the rights holders, usually the creators, is required in Canada for the exhibition of works of art. This includes works that are owned by parties other than artists themselves, therefore works in permanent or private collections are subject to the Law if no other written agreement has been made.
CARFAC and RAAV maintain that copyright is an important source of income for artists, and that royalties must be charged when permission is granted to exhibit or reproduce a work. This Schedule recommends minimum levels of royalties considered by CARFAC and RAAV to be fair payment for the various uses of copyrighted works of visual art.
CARFAC, Canadian Artists’ Representation /Le Front des artistes canadiens, is an artist-run organization founded in 1968 by artists for artists. It is the federally certified representative organization of professional visual and media artists in Canada. It is composed of CARFAC National, and its regional organizations. CARFAC works closely with RAAV (Le Regroupement des artistes en arts visuels du Québec), its counterpart in Quebec. CARFAC is obligated to represent the interests of Canadian visual and media artists and to establish standards, royalties and royalty scales in this sector. CARFAC’s founding principle and continued concern is that artists, like professionals in other fields, be paid fairly for their creative output and services. CARFAC is recognized under the Status of the Artist Act (L.C.1992, ch. 33).
Founded in 1989, le Regroupement des artistes en arts visuels du Québec, RAAV, is the artists’ association representing professional visual artists in Québec. RAAV is mandated by Québec’s Status of the Artist act, la Loi sur le statut professionnel des artistes des arts visuels, des métiers d'art et de la littérature et sur leurs contrats avec les diffuseurs (Loi S-32.01). The law defines professionalism for creators (artists), regulates their collective representation and obliges artists and users of their works to enter into contracts for all uses of art works. At the federal level, RAAV is recognized under the Status of the Artist Act (L.C.1992, ch. 33).
In 2015 CARCC restructured as a not for profit association which now operates under the business names Copyright Visual Arts – Droits d’auteur Arts Visuels. CARCC was founded by CARFAC in 1990 to assist artists in administering their copyrights. CARFAC and RAAV now play equal roles in its management because it is a logical extension of their commitment to the payment of royalties to artists for the use of their copyrights. CARFAC and RAAV provide their members with information about Copyright Visual Arts and they publish this Minimum copyright royalties schedules in order to promote full respect of artists’ copyrights in Canada.
Copyright Visual Arts represents nearly a 1000 Canadian visual and media artists. It negotiates and issues licenses that allow the legal use of its affiliates’ works, collects the royalties and pays the artists. Affiliation with Copyright Visual Arts is separate from membership in CARFAC or RAAV. Any interested artist from Canada may affiliate or register with it. Users of copyrighted works associated with affiliates of Coppyright Visual Arts must obtain licenses for such use.
CARFAC National RAAV
2 Daly Avenue, Suite 250 2205, rue Parthenais, #214
Ottawa, Ontario K1N 6E2 Montréal, Québec. H2K 3T3
Telephone: 613 233 6161 Telephone : 514-866-7101
Fax: 613 233 6162 Fax : 514-866-9906
Toll free: 1 866 344 6161
Email: firstname.lastname@example.org Email : email@example.com
Website: http://www.carfac.ca/ Website : www.RAAV.org
CARCC - COPPYRIGHT VISUAL ARTS / DROITS D’AUTEUR ARTS VISUELS
OTTAWA : MONTRÉAL :
2 Daly Avenue, Suite 250 2205, rue Parthenais, # 214
Ottawa, Ontario K1N 6E2 Montréal, Québec. H2K 3T3
Telephone: 613 233-6161 Telephone : 514 866-7101
Fax: 613 233-6162 Fax : 514 866-9906
Author’s Rights and Copyright
In the language of the Copyright Act of Canada, visual and media artists are “authors of artistic works”, to distinguish them with authors of musical works, literary works, etc.. Visual and media artists are therefore, basically, authors. The expression “Authors’ Rights” is more and more used internationally instead of Copyright because it covers the full scope of the rights creative artists hold on their work, such as the Exhibition, Reproduction or Telecommunication rights as well as the moral rights.
License to use the copyright of a visual or media artist (or author of artistic works)
In accordance with the principles of the Canadian Copyright Act, all public exhibition and all reproduction (whether in whole or in part) of a work created by an artist must be authorized in writing by the author of that work, the artist. Such written authorization is a license issued by the artist themselves or by a copyright management society such as CARCC - Copyright Visual Arts. All unauthorized (unlicensed) uses are in contravention of the law. Licenses do not transfer ownership of a work, nor do they transfer copyright. Licenses define the limits of what a user may do with a work of art. Artists should make every effort to negotiate non-exclusive licenses, meaning that the artist retains all rights outside those granted by the license.
Transfer of ownership of a work does not mean a transfer of copyright
When a work of art is purchased, or acquired by gift or bequest, the new owner is not the owner of copyright in the work, unless there is a signed agreement that transfers copyright from the creator to the new owner. Owners of works of art who do not hold copyright must negotiate uses such as reproductions or exhibitions with the artist or their copyright management society.
Recommended Minimum royalties and Copyright Visual Arts
All royalties for copyright use listed in the CARFAC-RAAV Minimum Copyright and Profesional Fees Schedules are considered minimums. An artist may request a higher royalty, or accept a higher royalty if it is offered. Copyright Visual Arts uses the CARFAC/RAAV Schedules only as a reference. The royalties it requests for the uses of works created by the artists it represents are more elevated than the recommended minimums. Artists who are represented by Copyright Visual Arts receive in general more royalties than autonomous artists.
Crediting an artist for the use of a work is a requirement included as a moral right, the right of paternity, in the Copyright Act. All uses of any work by any artist must be credited in some form, unless the artist has waived the right, in writing. Licenses should require that each reproduction or exhibition of a work by an artist be accompanied by a notice containing the following information:
title of work, year of creation © Artist name - CARCC year license issued
Such accreditation must appear in the immediate proximity of the reproduction and/or exhibition of the work or, if inappropriate, in the index of illustrations in a book or catalogue indicating the page on which the reproduction occurs. Failure to include the information in an integral and legible manner may result in legal action.
Definition of copyright royalties
Copyright royalties are listed in the CARFAC/RAAV Schedules and apply to the reproduction, exhibition, or presentation of works. The Copyright Act does not prescribe what copyright is worth – it defines what uses are subject to copyright, that is, where permission of the copyright holder is required. By implication, the holder of copyright may charge a royalty for a use. The CARFAC/RAAV Schedules provides recommended minimum payments for a wide variety of uses.
For exhibitions where works created after June 7, 1988 are not presented for sale or hire, the royalties are determined by the length of the exhibition, its scale, and the operating budget or nature of the exhibiting institution, and some other factors.
Important notice: the terms “artist’s fees” or “exhibition fees” are often used by artists and users and these expressions also include payments made to artists other than the copyright royalty related to the public presentation of art works. It is preferable to use the expression “exhibition royalty” to differentiate it from other payments made to an artist surrounding an exhibition such as contributions to transportation, per diems and other spending related to an exhibition project.
For reproductions, the royalties are determined by applying the scale, factoring in variables like the type of support, size of print run, duration of license, territory of distribution, and so on, as required.
The Artists’ Professional Fees listed in Section 4 are not copyright royalties; rather, they are recommended compensation for work done in association with an artistic project such as an exhibition.
Royalty reductions for quantity
When a reduction of royalties is based on the “number of works” used, the number may refer to the number of works by artists included in the license. By agreement, “number of works” may apply to the number of works by one artist if several artists are involved.
Royalties proportional to sales
Royalties paid for the use of an artist’s copyright can be in a form proportional to sales. Participation in proceeds from sales will be defined in particular contracts between editor and artist. Participation proportional to sales may be applied to publications such as the following:
Alteration of a representation of a work
A license should require that the user obtain special authorization in writing by the artist for any alteration of a work as represented (changes of color, proportions, cropping, over-printing of text, and so on). This requirement refers to a moral right, the right of integrity, outlined in the Copyright Act. Moral rights rest with the artist unless a written waiver is in play.
Association of a work of art with a cause, a product, a service or an institution
Any user wishing to associate a work of art with a social or political cause, a product, a service or an institution must obtain special authorization in writing by the artist. This requirement refers to the moral rights outlined in the Copyright Act. Moral rights rest with the artist unless a written waiver is in play.
Promotion of an exhibition or an event dedicated to the presentation of a work of visual art
For exhibitions where CARFAC/RAAV-level exhibition copyright royalties have been paid to the artist, a general special rate is allowed for reproductions directly promoting the exhibition.
Provided the CARFAC/RAAV-level exhibition copyright royalties have been paid to the artist, specific rates and conditions have been negotiated by CARFAC and RAAV for the National Gallery of Canada (NGC) and for Quebec’s four national museums : the Quebec National Museum of Fine Arts, the Montreal Museum of Fine Arts, the Museum of Contemporary Arts (Montreal) and the Museum of Civilization (Quebec City).
Copyright Visual Arts (CARCC) may request more than the minimums established by these agreements for artists who are affiliated with it.
The royalty of $25 per work per support regardless of print run and size is suggested for the following: invitation, internet site, e-invitations, not-for-sale catalogues, brochures or folders, social media postings, publicity in journals or periodicals. When three promotional items are produced bearing reproductions of one artist’s work for the same exhibition, the third use may be granted free of charge. The exceptions here is use in catalogues that are offered for sale or outdoor advertising, such as banners; in these instances, reproductions royalties should be charged as listed in the CARFAC-RAAV Schedules.
a- National Gallery of Canada (NGC)
The royalty to be paid is $25 per usage. The duration of the license for the web use will be for the duration of the exhibition including two months prior and one month after the exhibition.
b- Quebec’s four National Museums
Providing the four museums pay the current year’s CARFAC/RAAV-level exhibition copyright royalties, they can benefit from four different packages of usages they can choose from. These usages are any regular or digital types of reproduction related to the promotion of an exhibition, except in a catalogue.
Conditions attached to packages:
Promotion by sales venues
When works are exhibited solely for the purpose of sale or hire, the party exhibiting the work is not subject to payment of an exhibition royalty provided its principal commercial activities are related to selling or hiring works of art. All others have to pay the exhibition royalty. The regular royalties for the reproduction or communication rights apply, notably when these uses are made to promote the commercial institution.
Penalty for unauthorized use
When works are exhibited or reproduced without the appropriate copyright use authorization by the artist(s), the artist may invoice the user retroactively. A penalty may apply.
Invoices issued by an artist for licenses should be paid within 30 days of receipt.
Proof of Print Run
An authorization for reproduction is usually for a specific print run. An artist has the right to demand and receive proof of the print run (such as a copy of the print invoice).
Duration of authorization
The user has up to two years for reproduction and one year for exhibition from the date of authorization to carry out the authorized use. At the end of this period a new request for licensing must be addressed to the artist.
Royalties schedules in force and annual increases
The Exhibition Royalties listed in Section A are voted on annually by CARFAC and RAAV’s members – Any changes to these royalties are generally published in January of each year. All royalties listed here are in force until December 31 of a given year.
All royalties are normally raised annually by 3%, barring any decision to the contrary. Given the necessity of making adjustments from time to time, CARFAC and RAAV reserve the right to make changes to the Minimum Royalties Schedules at any time.
All the amounts shown in the schedule are in Canadian dollars and do not include tax.
Advertising use (commercial or promotional)
Use is classified as advertising when the work is used to promote a service or product other than the work itself, the artist, or an exhibition including the work. For example, advertising use occurs when a work is used to promote a museum or gallery. Items - such as calendars, mugs, agendas, t-shirts, brochures - promoting the institution or company (bearing the name of such) are classified as advertising whether or not they are offered for sale.
Exhibition promotion when no Exhibition royalty is paid
Regardless of the above, exhibition promotional items (invitations, brochures, etc.) will be classified as advertising if no exhibition copyright royalties have been paid to the artist(s) within the framework of the exhibition project.
Not-for-profit cultural organizations' royalties
The Minimum Royalties Schedules recognize differences in scale of the various institutions it serves. Small museums, exhibition centers, artist-run centers, cultural publications, and so on, benefit from these categories of the Minimum Royalties Schedules.
The Copyright Act does not define the concept of Fair Dealing, which means that infringement does not occur when a work is copied for certain limited purposes. Courts would look carefully at cases involving disputes over Fair Dealing to determine whether infringement has occurred. Fair Dealing includes copying for private study or research, for purposes of criticism, review or news coverage, satire or parody, or the limited use of small portions of a work (sometimes called incidental uses). Any claim for a fair dealing exception for educational uses should be carefully examined as to the fairness of the proposed use. In all cases the work must be fully credited as to the source and the name of the creator.
Copyright on photograph of an art work
Unless specified by a contract between an artist and a photographer, the copyright on the photograph of an artwork remains with the photographer, following a 2012 change in the Copyright Act. This means that artists requiring a photographer to take pictures of their artworks must enter into an agreement specifying the authorized uses of these photographs by the artist. RAAV has developed a standard contract for that purpose; it can be obtained on request for free if you are member of either CARFAC, RAAV or an Affiliate of Copyright Visual Arts affiliate. A royalty of 20$ is asked for all others.