My thanks to Greg Graham for his helpful and informative reply regarding
my questions about policies in Canada for paying artists to exhibit
their work in non-profit spaces.  It seems that U.S. artists could learn
something from the Canadian example.  As one artist said when I told her
about how it was done in Canada, "it seems so much more civilized."  I
have gotten other information from Canadian curators, CARFAC and the
Canada Council and will certainly mention this in my article.  Would any
other museum people care to comment on how your institution handles the
issue of paying or not paying artists fees to exhibit their work in your
gallery.  Please reply either on list or to me directly at
<[log in to unmask]>.
Thank you.
Jane Ingram Allen

Greg Graham wrote:

> Greetings,
>      Recently Jane Ingram Allen inquired about Canadian Policy on
> paying
> artists to exhibit. Since in a former position as director of Canadian
> Artists'
> Representation I was responsible for enforcing this "policy" I will
> comment.
>    1) In Canada the copyright law includes exhibition right as an
> economic
> aspect of copyright. It applies to all artistic works created on or
> after
> June 8,
> 1988 and applies when such work is exhibited in public for purposes
> other
> than for sale of rental. Hence museum exhibitions and most art centers
> fall
> under this law but commercial dealers and rental galleries do not.( It
> has been
>  argued that on one level all art is for sale, but museums/ art
> centers are
> not in
> business to sell or rent art as a primary focus.)
>    2) The law does not specify an amount to be paid, and it is
> possible for an
> artist to waive right to payment provided it is done in writing with
> full
> knowledge
>  that they have the right to request payment for this use of
> copyright.
>    3) Fee schedules are set by Artist Organizations as suggested
> minimums. The
> Canadian Artist Representation (CARFAC) began fee schedules in 1968,
> 20 years
>  before the law recognized the right. In Quebec fees are set by the
> artist
> group RAAV.
> In either case the suggested minimum fee for a solo show in a single
> small
> regional
> museum or Arts centre is about  $1,100 canadian. Fees for larger
> Museums and
> for
> touring shows are proportionally higher. Fees usually rise with the
> cost of
> living with
>  some lag time. In the case of a group show the fees are divided, for
> simplicity keep
> the solo minimum plus about 10% in mind to calculate. For large group
> shows
> such as
> regional annual shows a set fee of about $80 per work is often paid.
> Fees
> are for periods of
> 3 to 6 weeks of exhibition. For longer shows fees rise.
>    4) As copyright fees taxes must also be paid if the artist is GST
> registered (federal sales tax)
>
> I realize that this may sound complicated to those not familiar with
> it and
> overly simplified to those
> using the CARFAC or RAAV fee schedules, but as a person who worked on
> drafting both schedules
> I can assure you that there is some predictability to fees as well as
> reasoning behind them.
>
> Greg Graham, [log in to unmask]
> Balandis Graham Consulting -- arts management
> Art Integrity -- Your Gallery on the Web
> http://www.odyssee.net/~tom2/fine/
> Telephone (819) 684-3942