The Union of Quebec Writers (UNEQ) has just entered a new era. Since June 3, 2022, she has had the mandate, as conferred on her by the National Assembly of Québec1to negotiate collective agreements for all literary artists, whether or not they are members of the association, according to the Rand formula2 applied across the country.
In my eyes as president, this date is historic! UNEQ has finally become the union that more than 1,000 writers called for in an open letter addressed to the former Minister of Culture and Communications Nathalie Roy and published in the pages of The Press January 30, 20213. An incredible list of authors, known and less known, working in various literary genres, popular or specialized, people from all walks of life, gathered to act in the name of solidarity, with the aim of offering all literary artists minimum working conditions. “A utopian letter”, “a pious wish”, we were told… But this union, this gathering, the expression of this solidarity have made the impossible possible: a new Status of the Artist Act !
For decades, other categories of artists have already enjoyed this legal status: actresses and actors, screenwriters, directors, musicians and musicians, for example.
Have their unions served any purpose? Did they really need it?
The Union of Artists (UDA), the Society of Radio, Television and Cinema Authors (SARTEC), the Association of Directors and Directors of Quebec (ARRQ), the Guild of Musicians and Musicians of Quebec (GMMQ) and others have obtained collective agreements that have considerably improved the working conditions of the self-employed workers they represent, while restoring the balance of power in relation to producers. And even if all those who benefit from these agreements may find them imperfect, they undeniably constitute significant elements of social progress.
Inspired by the gains obtained by these unions and supported by them in its efforts, the UNEQ wishes to ensure that similar progress takes place in the world of books.
Why ?
Because in Quebec, most authors are forced to negotiate over-the-counter contracts with publishing groups, some of which are real giants. Benefiting from very few leverages to negotiate, it is almost impossible for them to obtain decent working conditions.
Because too many publishing contracts in Quebec constitute complete assignments of rights for a period of up to 70 years after the death of the artist.
Because in these same transfers, the writers automatically give up all their related rights, such as the right of translation or adaptation.
Because common practice is that their work is voluntary during all stages of book production, while all other people who collaborate on it are paid, whether for literary direction, linguistic revision, graphics, printing, distribution, etc.
Because abusive practices, such as the right of first and last refusal, force them to promise their future works to a given publisher, which binds them to the latter, sometimes for the rest of their career, without the possibility of publishing elsewhere.
Because unfair practices, including intertitle payment, deprive them of their royalties, allowing the publisher, among other things, to repay themselves from one work to another.
Because royalties, the main remuneration for authors in most cases, are only paid once a year, after deduction of advances received when contracts are signed.
Quebec writers refuse to continue to tolerate these practices, which contribute to keeping them in a precarious situation.
They and they deserve better.
Consequently, UNEQ organizes itself, structures itself, sometimes makes mistakes, learns, rolls up its sleeves and wins small and big victories. But above all, UNEQ works to defend the most vulnerable in the profession and to distribute power more equitably, claiming for literary artists the share that is their due and of which they have been deprived for too long.
We want to bring together those who believe in the need to work together, in union, in solidarity, to build a more just and equitable environment.
So, yes, the unions, we really need them!
2. The Rand Formula is a feature of Canadian labor law that requires workers in collectively bargained contracts to pay union dues whether they are unionized or not. Source: The Canadian Encyclopedia