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.
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.
- A.1 Minimum Exhibition Copyright Fee Schedule 2017
- A.2 – A.4 Reproduction Copyright Fees 2017
- B.1 – B.4 Advertising / Commercial Copyright Fee Schedule 2017
- C.1 – C.3 Artists’ Professional Fees 2017
- A.1 Minimum Exhibition Copyright Fee Schedule 2018
- A.2 – A.4 Reproduction Copyright Fees 2018
- B.1 – B.4 Advertising / Commercial Copyright Fee Schedule 2018
- C.1 – C.3 Artists’ Professional Fees 2018
- A.1 Minimum Exhibition Copyright Fee Schedule 2019
- A.2 – A.4 Reproduction Copyright Fees 2019
- B.1 – B.4 Advertising / Commercial Copyright Fee Schedule 2019
- C.1 – C.3 Artists’ Professional Fees 2019
GENERAL INFORMATION ON COPYRIGHT (or Authors’Rights)
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.
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.
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.
- Monographs devoted mainly to one artist
- Editions of cards, posters, calendars or other objects bearing reproductions
- Editions of sculptures, prints, tapestries
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.
GENERAL SPECIAL RATE:
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.
SPECIFIC RATES AND CONDITIONS:
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.
- Usages include: ticket, brochure, invitation, ads, press kits, advertisements, NGC web site, NGC online magazine, NGC social media, signage, banner, poster, public presentation…
- Usages exclude: catalogue, web database, commercial and any other non-exhibition related usage.
- Duration of the NGC agreement : 3 years (starting April 2015).
- An increase of 1.5 % a year applies starting in 2016.
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.
- Package 1 – Minimum: 1 type of regular or digital usage, fixed or moving image: $20.75 / per image.
- Package 2 – Basic: 3 types of regular or digital usage, fixed or moving image: $67 / per image.
- Package 3 – Intermediary: 5 types of regular or digital usage, fixed or moving image: $103 / per image.
- Package 4 – All included: All types of regular or digital usages, fixed or moving image: $206 / per image.
CONDITIONS ATTACHED TO PACKAGES:
- Usage as many times as necessary during the duration of the exhibition.
- For internet promotion : 1 year before plus duration of the exhibition.
- Includes online database and archiving for 10 years.
- In the case of banners: 2 banners are included in the packages. Extra banners must be paid according to the regular royalty for that use in the CARFAC-RAAV Schedules.
- In the case of printed invitations cards: a print run of a maximum of 2000 cards is allowed within the packages. Extra cards must be paid according to the regular royalty for that use in the CARFAC-RAAV Copyright Royalties Schedule.
- Duration of the agreement with the 4 museums : 5 years (starting June 2016).
- An increase of 3% a year applies starting in 2017.
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.
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CARCC – COPYRIGHT VISUAL ARTS / COPYRIGHTS VISUAL ARTS:
2 Daly Avenue, Suite 250
Ottawa, Ontario, K1N 6E2
2205, rue Parthenais, #214
Montréal, Québec, H2K 3T3