Supreme Court unanimously decides in favour of artists

May 14, 2014 3 comments News

Group - SC-squareWednesday, May 14, 2014 – Visual artists had a big victory today at the Supreme Court in the fight for minimum artist fees at the National Gallery of Canada. In a unanimous decision from the bench, the court allowed an appeal on behalf of artists restoring an earlier decision that found in their favour.

At issue was a perceived conflict between the Status of the Artist Act and the Copyright Act. The associations that represent artists, CARFAC and RAAV, had been trying to negotiate binding minimum fees for the payment of artists at the gallery, similar to a minimum wage. The gallery essentially argued CARFAC and RAAV, were taking away the right of artists to be paid less if they chose. In allowing the appeal, the court rejected this argument and, in an unusual move, ruled immediately after oral arguments.

Artists from across Canada in attendance were delighted with the results. “It’s a good day for artists,” said Grant McConnell, president of CARFAC. “This is a major victory for all artists in Canada and Quebec.”

“We are looking forward to resuming negotiations as we always wanted to do since 2003,” said Karl Beveridge, co-chair of the negotiation committee.

We would like to say a special thank you to everyone who has donated to support this legal effort. You made this victory possible!

We would also like to thank our lawyers, David Yazbeck, Michael Fisher and Wassim Garzouzi.

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3 Comments

  1. Jun 12, 2014 at 4:23 PM

    […] There is some commentary on the decision from Canadian Art, and the successful party CARFAC. […]

  2. Jun 17, 2014 at 8:31 AM

    […] and universities. There are few legal provisions to protect artists’ rights. In Canada the rights of artists are protected through a legal provision that mandates the payment of artist fees by non-profit organizations and […]

Has the artist been paid? Mais avez-vous payé l'artiste?