Global 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 socio-economic 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 enforces 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.
Receiving Royal Asset in May 2012, Nova Scotia’s Status of the Artist Act is similar to that of Ontario, Saskatchewan, and Quebec. The importance of the artist is outlined including their impact to Nova Scotia’s culture and provincial identity, as well as the rights artists’ hold to join artist organizations.
Conclusions
It is difficult to compare countries and establish the number that has adopted Status of the Artist legislation. In fact, the only country that has outlined in black and white an Act of this nature is Canada. Canada’s federal and provincial Acts take into consideration the UNESCO Recommendations and re-enforce the position of the artist within Canadian society. However, issues arise regarding consistency in definitions and clauses, such as the importance of written contracts. It is interesting to note the lack of status acts in Canada’s territories’ (Yukon, North West and Nunavut) legislation, where a large number of the Aboriginal community identifies as artists. Thus, one could conclude that Canada’s Status of the Artist Acts, both on federal and provincial levels, are a positive move to define and maintain artist rights. However, there is still a need for other provinces and territories to adopt similar legislation.