ARTS & CULTURE
14 Obiter Dicta
Status of the Artist
kathleen killin › arts & culture editor
G
lobal Status of the Artist Acts originated
from the 1980 UNESCO Recommendation
concerning the Status of the Artist. Differing
from other professions, those involved
within the arts not only require social and labour
protection, but also moral, economic and social
rights that include income and social security. The
UNESCO Recommendation and General Conference
recognizes and affirms an intensive list of points
for Member States to consider when implementing
their own Status of the Artist Act. Affirmations
include that the arts are an integral part of life, with
governments having the responsibility to support
the arts; artists contribution to society; the vitality
of the arts being dependent on the artists’ happiness
and support from governing bodies; the recognition
of artists as being professionals, whose dignity and
integrity must be maintained; the importance of arts
education; and the need for partnerships between
artists and architects to lay down guidelines for
public spaces. Additionally, UNESCO recommends
a formal definition for “artist” that recognizes the
atypical nature of artists so that they can be defined
as professionals, whether they are employed or not.
Further recommendations on the protection of artists
include employment protection (as outlined by the
International Labour Organization), the protection of
child artists under UN Declaration of the Rights of the
Child, establishment of professional and trade unions,
and governments working to enforce further human
rights and economic legislation.
The 1997 UNESCO World Congress on the
Implementation of the Recommendation Concerning
the Status of the Artist reiterates the need for
applying the 1980 recommendations into policy.
The 1997 UNESCO document recognizes that only
a few member states have adopted similar policies
and mention that UNESCO will partner with NGOs
to write legislation for the specific economic and
legal systems of member states. Since the UNESCO
Recommendation in 1980 and 1997 UNESCO World
Congress, no EU countries have implemented status
of the artist into legislation. In 2006, The Economy
of Culture in Europe outlined the value and future of
culture within the European community. However,
since the economic downturn of the late 2000s, the
EU has been focused on other economic endeavours.
Consequently, few states have implemented a
Status of the Artist Act within their federal legislation,
with Canada leading the way in protecting this aspect
of the artist.
Canada
In Canada, the Status of the Artist is discussed on
both the federal and provincial level. First drafted in
1989, the House of Commons Standing Committee
on Communications and Culture wrote a report
recommending that organizations advocating and
representing artists should have the capability to
negotiate collective agreements on behalf of members
and protect said organizations from legal actions
brought under the Competition Act. The government
tabled Bill C-7 in May 1991, with the bill receiving
Royal Assent in June 1992 and coming into effect in
May and June 1993. With the passing of the Act, the
government granted specific rights to artists, and
artists’ organizations. They include:
(a) the right of artists and producers to express
themselves and associate freely; (b) the right of
associations representing artist to be recognized
legally and to work for the professional and socioeconomic well-being of their members; and (c) the
right of artists to benefit from official consultation
mechanisms whereby they can express their
views on their professional status and on all other
issues concerning them. To these ends, the Act
created the Canadian Council on the Status of the
Artist and the Canadian Artists and Producers
Professional Relations Tribunal.
Additionally, Canada has been often cited as an
example of implementing a Status of the Artist Act,
specifically at UNESCO’s international conference
on the Status of the Artist in June 1997. The current
federal Status of the Artist Act was last amended in
April 2005. Amongst various issues, the Act’s primary
concern is to outline associations that are in support
of visual artists, the relations between artists and
producers (contracts, responsibilities, issues, fines,
etc.), and providing definitions of various terms.
Moreover, an outline of general principles is listed
including the Canadian government’s recognition
of the role and importance of artists, including their
creativity as an “engine for growth and prosperity
of dynamic cultural industries in Canada.” A legal
definition of “artist” can also be found, which is
important as it is the only one of its kind to relate to all
federal jurisdictions.
On a provincial level, Ontario, Saskatchewan,
Quebec and Nova Scotia have implemented specific
Acts in relation to the arts. The Status of Ontario’s
Artists Act, written by arts lawyer Aaron Milrad, was
completed in 2007 with its last amendment being in
2009. As stated in the Act, the purpose of its creation
is to emphasize the important role the arts play in
regards to creating a liveable, thriving community.
Recognition of artists by the provincial government,
as well as the responsibilities of the Minister
of Culture, what the Government of Ontario’s
undertaking and the provincial definition of “artist”
is in the document.
Saskatchewan’s The Arts Professions Act
functions as a provincial Status of the Artist Act. The
Act e nforces a unique requirement that the other
Acts do not, detailing that, “starting June 1, 2010
written contracts are now required between artists
and anyone wanting to engage, contract, hire or
enlist their services.” A list of basic elements must
be included within the contract, with the purpose of
the contract being to protect both parties and enforce
proper business relationships. Likewise, The Arts
Professions Act recognizes the artist as a professional,
defines “professional artist” and emphasizes the
importance of the arts to shape the community.
The province of Quebec has passed an Act entitled
An Act respecting the Professional status of artists
in the visual arts, arts and crafts and literature, and
their contracts with promoters. In force since 1 July
2009, the Act is divided in chapters with subjects
including definitions, professional status of the artist
declaration, recognition of association and group,
how groups can achieve recognition and contacts
between artists and promoters. Quebec’s Act is similar
to Saskatchewan’s as it refers to the contractual
obligations between artist and promoter, however,
it differs in that Quebec’s includes limitations of
contracts, forms and contents of contracts, exclusivity
agreements, prohibitions, terminations, arbitrations,
and the ability to use model contracts.
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» see artist, page 23