Frequently Asked Questions
ABOUT CARCC (Canadian Artists Representation Copyright Collective)
What is CARCC and what services does it provide?
What is a licence?
What rights does CARCC administer?
Is CARCC free of charge to artists?
How do I join CARCC?
Do I have to be a member of CARFAC to be a CARCC affiliate?
Do I have to renew my CARCC affiliation every year?
Why are CARCC’s administrative fees included in the reproduction fees listed?
CONTRACTS
Are there standard contracts available for artists to use in situations like commissions, making an agreement with a dealer, selling a work, collaborating with other creators, and so on?
RESIDENCIES
What should an artist charge for a residency?
LEARNING ABOUT COPYRIGHT
What can an artist do to learn more about copyright?
ABOUT CARCC (Canadian Artist Representation Copyright Collective)
What is CARCC and what services does it provide?
CARCC was established in 1990 to license and administer copyright for its affiliates, visual and media artists, in Canada. Today CARCC represents some 700 affiliates who have assigned their copyrights to the collective. CARCC manages the rights of the affiliates and is responsible for negotiating licences with users (such as galleries and museums, artist-run centers, publishers, broadcasters, etc.), invoicing uses, receiving payments and paying royalties to its affiliates.
CARCC is owned by of CARFAC (Canadian Artists Representation/ le Front des artistes canadiens), the representative professional organization for visual and media artists in Canada.
For additional information regarding the services offered by CARCC please click here.
What is a licence?
Licences are contracts arrived at through negotiation of the terms they contain – terms that define and limit uses, and establish amounts and terms of payment for these uses. Any negotiation necessarily includes the artist/ affiliate and the licences issued by CARCC are legally binding.
Through its agreements with other collectives, CARCC can provide affiliates with licensing services internationally. CARCC also has the capacity to distribute to its affiliates royalties collected by, for example, copyright agencies that specialize in reprographic licensing such as the use, through photocopying, of published works by schools and universities.
CARCC’s licences conform to standards set forth in the federal Status of the Artist legislation.
What rights does CARCC administer?
Some of the copyrights administered by CARCC include exhibition, reproduction, reprography, and telecommunication. CARCC assists artists with their moral rights.
Exhibition Right
An exhibition right is the right to present an artistic work at a public exhibition for a purpose other than sale or hire. This right applies to works created after June 8, 1988.
A fee must be paid for the public exhibition of a member’s work. The artist directs a curator or director to CARCC for fee and licence negotiation. The exhibition right also protects works in permanent collections. CARCC negotiates long-term licences permitting unlimited exhibition for the term at a specified location for a set fee. Any offsite exhibition requires a separate licence and fee. If the museum or gallery prefers not to have a 10-year licence, it may opt for a temporary exhibition licence each time the work is shown.
Reproduction and Reprography Right
The reproduction right is the right to reproduce a work, or any substantial part thereof, in any material form, including digital, electronic and reprographic (photocopy) reproductions.
A fee must be paid for reproducing an artist’s work in any way, whether or not the item is for sale or for educational purposes, and includes digital or electronic reproduction. Fees for reprography, that is reproduction by photocopy (etc.) of previously published materials, are collectable by an individual only through collective membership.
Telecommunication/ Retransmission Right
Telecommunication/ Retransmission rights consist of the right to use a work on radio or television and the right to the transmission of a work via cable, satellite, and telephone wires.
Fees for retransmission are collectable only through collective membership.
Moral Rights
Moral rights exist automatically in a work when it is created. Moral rights protect an artist’s personality or reputation with the rights of Paternity, Integrity, and Association. Artists have the right to protect the integrity of their work and to have their name associated with their work and to object to false attribution, unless they choose otherwise. These rights also protect the integrity of works from distortion, mutilation, or alteration. Moral rights cannot be assigned to another person, unless the artist waives them. Because moral rights rest with the artist, CARCC does not administer them, but CARCC licences include a mention that they rest with the artist.
Moral rights exist apart from economic rights. Economic rights are also known as the rights that allow theartist to enjoy economic benefits from their work.
In Canada, most copyrights and moral rights endure for life + 50 years
If you have any questions about the rights that CARCC administers on behalf of its affiliates please contact us.
Is CARCC free of charge to artists?
There is no charge for artists to join CARCC. However, an administrative fee is charged on each licence and is used to keep the organization up and running. CARCC operates solely on the administrative fees it collects and does not rely on grants or external funding. The administrative fee is charged when a licence is invoiced. The CARFAC Fee Schedule outlines what administrative fees are charged. On fees collected from other collectives, such as the reprography fees, CARCC retains an administrative fee of 20%. The level of administrative fees is monitored and is comparable to fees charged by other collectives. Administrative fees may be adjusted from time to time, as CARCC needs only to cover its operating costs, not make a profit.
How do I join CARCC?
For current membership information please click here.
Do I have to be a member of CARFAC to be a CARCC affiliate?
No. One does not have to be a member of CARFAC to join CARCC, or to remain a member of CARCC. CARCC affiliates are requested to keep in direct contact with CARCC, as information like changes of address are not usually communicated from CARFAC to CARCC, and vice versa.
Do I have to renew my CARCC affiliation every year?
No. Unlike CARFAC, CARCC does not require that affiliates renew their affiliation annually. CARCC’s affiliation agreement is self-renewing. In the event that CARCC no longer has an affiliate’s correct contact information, CARCC will hold on to the affiliate’s royalty payment for an extensive period of time, usually five years, or until the affiliate contacts CARCC and can be paid. If you have lost contact with CARCC – please get in touch!
CARCC requests that affiliates send their updated C.V.’s every 2 years or when substantial additions to the C.V. occur.
Why are CARCC’s administrative fees included in the reproduction fees listed?
CARCC’s administrative fees are included in the reproduction fees listed because reproduction fees vary tremendously and it is easier to include the administration fee as a percentage of the reproduction fee. If you are a CARCC member and would like to know what portion of the listed fee you should receive, simply divide the rate by 1.2 to eliminate the administrative portion. However, given the increasing costs of administration CARCC advises artists who are not CARCC affiliates to include the administrative fee to cover their own time and administrative expenses. A user negotiating a licence directly with an artist, on the other hand, will be incurring administrative expenses, and may reduce the listed fee to the artist’s portion only, again by dividing the fee by 1.2.
CONTRACTS
Are there standard contracts available for artists to use in situations like commissions, making an agreement with a dealer, selling a work, collaborating with other creators, and so on?
Yes. RAAV, le Regroupement des artistes en arts visuels, in Quebec, has published a book of such model contracts, with excellent explanations of the terminology, as has CARFAC Ontario, CARFAC’s regional affiliate. Both are written by lawyers. The publications can be obtained by contacting those organizations. There is a charge for them. They are invaluable to professional artists.
ESTATES
How can CARCC assist artists’ estates?
CARCC administers copyright for artists’ estates. Since copyright remains effective for fifty years after an artist’s death, the collection of an artist’s royalties may be of great benefit to their estate. It can be particularly difficult for users to locate an artist’s estate, and the inclusion of an estate in the list of CARCC’s affiliates assists in ensuring that artists’ estates are duly compensated.
In order to affiliate an artist’s estate, the inheritor should fill out the Warranty Form, have it witnessed, and send it in to CARCC.
For further information or if you simply have a question please contact CARCC.
WHAT CARCC NEEDS FROM ITS AFFILIATES
What does CARCC need from its affiliates?
A few things:
- That the affiliate makes use of CARCC’s services. When you sign the Agreement, you agree to use CARCC as your licensing agent for all uses of your copyright. Some affiliates are unsure how to do this. If reading about it on this Web site does not help, please contact CARCC – we are happy to speak with our affiliates any time. Remember that some contracts, particularly contracts for exhibitions or commissions, can have copyright implications and CARCC should be involved, at least on the level of advising the affiliate.
When you use CARCC we all benefit!!!
- CARCC needs up-to-date contact information and a current C.V. (see below).
- When CARCC makes a request of you, such as a proof of eligibility for a reprography royalty, please respond in a timely manner! If you have questions, please don’t hesitate to call. It is time-consuming and expensive to have to send reminders, or to follow up submissions that are completely out-to-lunch!
How do I change my address with CARCC?
It is really important that affiliates keep their addresses current with CARCC, because we may need to send you money or communicate with you on matters concerning uses of your works, and so on. Please mail a change of address to CARCC at 109A Fourth Avenue, Ottawa, ON, K1S 2L3, or telephone (613) 232 3818 or (866) 502 2722, fax us at 613 232 8384, or email us at carcc@carcc.ca, giving your old address and your new one.
Please note that changing your address with CARCC does not mean that your address is changed with CARFAC. The organizations do not exchange address information. Similarly, changing your address with CARFAC does not mean that CARCC has your new address. Please send separate messages to each organization.
Why do I have to give my Social Insurance Number (SIN) when I sign the Artist Affiliation Agreement?
CARCC requires artists to provide their SIN when submitting the completed Artist Affiliation Agreement. CARCC needs the SIN for tax reporting purposes – the affiliate is sent a T5 tax receipt every year he or she receives a royalty from CARCC. CARCC keeps these numbers confidential and only uses them for identification and tax purposes.
What should I be sending to CARCC on a regular basis?
Change of address
It is really important that affiliates keep their addresses current with CARCC, because we may need to send you money, tax receipts, or communicate with you on matters concerning uses of your works, and so on. Please mail a change of address to CARCC at 109A Fourth Avenue, Ottawa, ON, K1S 2L3, or telephone (613) 232 3818 or (866) 502 2722, fax us at 613 232 8384, or email us at carcc@carcc.ca, giving your old address and your new one.
Please note that changing your address with CARCC does not mean that your address is changed with CARFAC. The organizations do not exchange address information. Similarly, changing your address with CARFAC does not mean that CARCC has your new address. Please send separate messages to each organization.
Updated C.V.
It is important that we have a current C.V. on file for all of our affiliates. We ask that affiliates send us their updated C.V.’s every 2 years or when substantial additions have been made to their C.V. C.V.’s can be sent by regular mail or email.
The content within the C.V. is important. Please be sure to include a list of publications in the C.V. To see a suggested format for an artist’s C.V. please click here.
REPROGRAPHY
What is reprography?
Reprography occurs when an already-published work is reproduced by means of photocopying. It is what is called a secondary right, as the work is not copied directly from itself. As such, it is not possible to issue a single licence for the copy. Reprography is licensed by two agencies in Canada, Access Copyright and Copibec, and they are, in turn, part of a network of collectives that do similar work.
Access Copyright issues reprography licences to secondary schools, universities, and other organizations across Canada, with the exception of Quebec. The licences authorize the user, and those under their control (students and employees) to make reproductions of published works in accordance with the licence guidelines. In Quebec, a similar licence is granted by Copibec (Société québécoise de gestion collective des droits de reproduction).
CARCC has agreements with these two agencies to pay royalties associated with these uses accumulated in their Creator’s Pools to eligible affiliates of CARCC.
When will I receive my reprography cheque?
In the case of cheques originating from Access Copyright, a first cheque will be issued to a new affiliate in the second calendar year following the affiliate’s registration with CARCC. For example, if an affiliate joined in 2005 they can expect to receive their cheque in 2007. This delay occurs because the money being paid to the affiliate comes from the “creator’s pool” which consists of money obtained 2 years prior to the initial date of the artist’s affiliation with the organization. In order to receive the reprography royalty, the affiliate must supply proof that he or she has at least one work published in print, preferably in a publication with a broad circulation, like a book, a magazine or a newspaper. Other sorts of publication, such as greeting cards or brochures, may be eligible as well. Once an affiliate is eligible, the cheque is issued annually, usually in late November or early December. Should the eligibility rules change, CARCC affiliates will be notified. When an artist affiliates with CARCC, he or she will be notified of the eligibility rules and will be sent the form required for registration for the reprography royalty.
Normally, reprography royalties associated with Access Copyright are paid in early December. If you have not received your cheque, please contact CARCC.
In the case of royalties originating from Copibec, the affiliate must register with them and CARCC will notify affiliates of upcoming payments. The eligibility criteria are not the same as for Access Copyright. Copibec generally limits its royalties to artists with publications within a certain set period, and to works published in Quebec, although the criteria can vary, as do the payout dates. CARCC has been notifying affiliates when there is a new request from Copibec for the registration of Copibec-eligible publications. The eligibility criteria for this payment can change quite dramatically from one payment to the next.
If you have any questions regarding your reprography royalties please contact CARCC.
RESIDENCIES
How should an artist charge for a residency?
The work of an artist’s residency can vary tremendously. The artist should make sure that the residency contract outlines what is expected of him or her – hours of work, tasks, travel, living and working arrangements and expenses, materials – and the terms of compensation. The artist should charge for time worked, and the expenses associated with that work. The Fee Schedule includes a section on recommended Professional Fees which can serve as a guideline, but all is negotiable.
If there are copyrightable uses, such as an exhibition or a publication, associated with a residency, CARCC should issue licences for the uses. If the artist is not a CARCC affiliate, the contract should provide appropriate royalties for the uses (see Fee Schedule).
If there is a sale of work associated with the residency, the artist should be sure that the sale price is negotiable, especially if the work is not complete at the time of signing, and that copyright-related matters, such as the exhibition right, are clarified in any contract, even if just to refer any copyright-related activity to CARCC for licensing.
FILM FESTIVALS
How should a film festival structure its fees?
Currently, there is no category for film festivals in the CARFAC Minimum Fee Schedule. There are many film festivals with different mandates and structures and it does not seem possible to cover all of the eventualities in the Fee Schedule. However, film festivals exhibit creators’ works in public venues and there should be some sort of contractual basis for the showing of films, as well as remuneration of film makers for use of their copyright for the showing of films, as these qualify as works shown in public without the purpose of sale or hire.
Here are a few suggestions to film makers or film festival organizers who want to use the Fee Schedule as a guideline:
- Treat the festival as a large group exhibition and offer to pay all of the participating artists the appropriate group exhibition rates. Choose the category that best reflects the annual operating budget of the festival. Remember that the fees are negotiable, and some creators or distributors of films may want a different deal.
- If it is deemed appropriate to pay film makers according to the length of the film and/or the number of times it is shown, offer the projection rates A.2.2.2. in the Reproductions section of the Fee Schedule. This method can favour those who make long works, and the fairness of that should be discussed in deciding a fee structure.
Where are the film and video rates listed?
The rates for showing film and video are the same for any other art form if the work is shown in an exhibition context. This is why there is no separate category for film and video in the Exhibitions section. For projection of a film or video in a non-exhibition setting, use A.2.2.2. in the Reproductions section of the Fee Schedule.
CURATORS
What should a curator charge?
Because it represents visual artists, CARFAC does not recommend fees that a curator might charge for his or her services. CARFAC’s Minimum Fee Schedule is not intended to set fees for curators as this is not within the services we offer or scope of our organization.
However, we might suggest that curators take their time and full expenses, as well as the use of their copyrights, into account when setting their fees.
LEARNING ABOUT COPYRIGHT
What can an artist do to learn more about copyright?
CARCC recommends starting by reading the Copyright Act and materials available online about copyright in Canada. If that is completely incomprehensible, it is good that you tried, because it will start to make sense as you learn more about it. CARFAC offers courses on copyright for artists – these are recommended if they are available in your area. An excellent source of information is Lesley Ellen Harris’ book Canadian Copyright Law, and the courses this lawyer offers online (www. Lesleyellenharris.com) The course on copyright in Canada is useful, as is the course on licensing digital material, which is an excellent overview of licensing and how it works.
Learning through doing – paying attention to requests for uses of copyright can lead to better knowledge and understanding. Using CARCC can be very instructive in this regard!
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