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Artists' rights on the agenda at upcoming event

Copyright and intellectual property concerns crop up frequently for visual artists in the Maritimes, says a group that advocates for fair treatment for artists.

Canadian Artists' Representation/Le Front des artistes canadiens, or CARFAC, is a national non-profit that is the voice for Canada's professional visual artists. The 200-member Maritime chapter is having its annual general meeting on P.E.I. next Saturday.

"There's a long history within the arts community of artists not being perhaps treated professionally — being paid in exposure," says Summerside, P.E.I., artist Nancy Cole, president of the regional group.

The group advocates for things like artists being paid exhibition fees — "Best practices so visual artists can actually make a living and hopefully stay in the Maritimes," Cole told CBC Radio: Mainstreet P.E.I. host Matt Rainnie.

'You can't do this to an artwork'

Cole said there are also issues around copyright. She gives one example of a university that destroyed a series of murals painted on its walls without consulting the New Brunswick artist who created them.

Patricia Bourque
Patricia Bourque

"A lot of people don't understand the copyright stays with the work and stays with the artist forever, and so does the moral right," she explained. "Even though somebody may purchase the artwork or have it exhibited or displayed and own it, the artist still retains the moral rights to that piece."

She recalls another instance of infringement that happened in B.C. — a company purchased a piece from an N.B. artist and then changed its base or plinth.

"And totally changed the character of the piece — so we helped in letter-writing and to get her an apology and recognition that no, you can't do this to an artwork even though you own it," Cole said.

Not afraid to serve notice

Technology now makes image-sharing very easy, creating a "major concern," Cole said. She gave the example of P.E.I. photographer Patricia Bourque, who had one of her images used without permission or payment by a B.C. airline.

Another big concern is artists' resale rights — if an artist (think Maud Lewis) sells a piece for $10 and it is later resold for $30,000, the artist gets no share of that. CARFAC is now negotiating to have resale rights legislated.

The issue of resale rights came to light when buyers would travel to Canada's North and pay very little for items, taking home container-loads of art on which they would make thousands in profit.

"This is a really important national advocacy initiative that I think is critical," Cole said. CARFAC is looking for artists to get just two or three per cent of an artwork's resale price.

While it is "tough" to make a living as an artist in Canada, Cole said it is getting easier in P.E.I., crediting the province's cultural strategy.

"We're starting to say hey, pay us!" she said.

CARFAC Maritimes will have its AGM at The Guild in Charlottetown Saturday May 25 starting at 10:30 a.m. New members and non-members are welcome. Artists will learn about their rights and how to protect themselves. P.E.I. artists Patricia Bourque, Stephen MacInnis and Sarah Saunders will give presentations.

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