Minimum Fee Schedule
The complete CARFAC Minimum Fee Schedule is available on the Canadian Artists Representation Copyright Collective (CARCC) website. CARFAC, RAAV, and CARFAC Ontario have also recently introduced Canada's first official online artist-fee calculator. Click here to check it out!
Since 1968, CARFAC has issued its exhibition fee schedules. These schedules were developed from rates established by Jack Chambers and Tony Urquhart in 1968. They are updated yearly through negotiation and usage, and reflect increases in the cost of living. All fees are considered minimum payments for the use of the copyrights and/or the professional services of visual and media artists.
The payment of the Exhibition Right for the public exhibition of artistic production became part of federal copyright law in 1988. This exhibition fee is payment for the use of work created after June 7, 1988 in an exhibition in a public space where the gallery receives public funds. The exhibition fee only applies when the artwork shown is not being actively presented for sale or hire. When art works created after June 7, 1988 in a gallery’s permanent collection are exhibited, a copyright exhibition fee is required to be paid. Copyright fees and royalties are subject to GST; the GST is not included in the listed fees.
In accordance with the 5 year agreement between CARFAC-RAAV, CAMDO, and the CMA, signed in November 2007, the fee schedule will be subject to a 3% yearly increase.
About CARCC (Copyright Visual Arts / Canadian Artists Representation Copyright Collective)
Copyright in Canada is automatic upon creation of a work and usually lasts for the artist's lifetime plus fifty years. Through its licensing services, CARCC can help an artist to protect copyright and to benefit from it.
Copyright fees are a necessary and prime source of income for visual artists. Even after the original work is sold, the copyrights remain with the artist (unless specifically assigned or separately sold). Thus, an artist can continue to generate revenue from a work that has been sold. Sold or not, a work may generate income through copyright use in exhibition, reproduction (in books or magazines & etc), digital reproduction on CD ROM, publication on the internet, use in film or video, etc. The possibilities are endless.
In 2014-15, 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 schedule in order to promote full respect of artists’ copyrights in Canada and Quebec.
CARCC’s members are called affiliates, because being with CARCC means that the artist is part of a collective rather than a member of another sort of organization. Affiliation means that the artist assigns his or her copyrights to CARCC for the purpose of administration. Collective administration of copyright means that there is strength in numbers. Affiliation with CARCC is separate from membership in CARFAC – one may be a CARCC Affiliate without being a member of CARFAC.
The CARFAC Minimum Fee Schedule is a detailed schedule of copyright fees. It describes uses that might be made of a visual artist’s copyright, and recommends minimum fees that might be due for those uses. CARCC negotiates fees using the Fee Schedule as a guideline – an artist may demand higher fees if his or her market has reached a higher level than the recommended fees. A user might offer more, or bargain for less. Permission for a use is granted once agreement is reached on the terms of the use and the fee to be paid. Currently, CARCC updates and maintains the Fee Schedule for CARFAC – major changes to the Fee Schedule are voted on annually by CARFAC members, and efforts are made to assure that it is a standard recognized by artists and users alike.
Some of the copyrights administered by CARCC are Exhibition, Reproduction, Reprography, and Telecommunication. Moral rights are cited in CARCC licences, but they remain the intellectual property of the artist, as they may not be assigned.
Briefly, the Exhibition right, as described in the Copyright Act, is the right to present at a public exhibition, for a purpose other than sale or hire, except for a map, chart, plan, or cinematographic reproduction that is protected as a photograph.
The Reproduction right is the right to reproduce a work, or any substantial part thereof, in any material form.
The Reprography right is the right to make visually perceivable facsimile copies of previously published works, including photocopying, duplicating from stencil, microform, transcription, drawing for an overhead or slide projection.
The Telecommunication right is the right to use a work on radio or television and the right to the transmission of the work via cable, satellite, and telephone wires. This right includes the right to the retransmission of the same work.
Moral rights include the right of paternity, which is the artist’s right to be credited or to remain anonymous; the right of integrity, which protects an artist’s work from distortion, mutilation; or alteration; the right of association, which protects an artist from association with unapproved causes. Moral rights cannot be assigned, but an artist can waive them.
For more information about CARCC, visit their website at www.carcc.com.