Law 35: Museums as a lever to improve the conditions of artists in the visual arts

The effects of the reform of the professional status of artists are increasingly apparent. Much has been said about writers since the adoption last June of Bill 35. The changes are also major for artists in the arts and crafts and for visual artists. The duty spoke with the Regroupement des artistes en arts visuels du Québec (RAAV) about this revival.

” Let’s go ! We have reformed our negotiation committee! explains fiber artist Lise Létourneau, who is also a member of the RAAV board of directors. Notices to Bargain have been mailed to a few broadcasters just recently, and RAAV is awaiting responses.

“We brought out our old papers”, that is to say those who were used during the negotiations, epic and having made a detour to the Supreme Court, for the establishment of a framework agreement between the RAAV, the Canadian Artists’ Front (CARFAC) and the National Gallery of Canada (NGC), ratified in 2015. This first negotiation was possible because the NGC complies with the federal Status of the Artist Act — but not the Quebec museums. The overhaul of the provincial law now makes it possible to open the discussion with the museums and the presenters of the province.

“We are leaving exactly with the principles negotiated with the NGC. We already have the prices, we know what our requirements are, ”explains Mme Letourneau. For example ? “Pay the artists also when they do their editing and for the preparation of exhibitions, including meetings or the filing of documents. The proposed fee schedule is detailed. We are ready to start negotiations. »

And who are these broadcasters on the other side of the table? “I don’t want to say it, because it’s not official. We’ll give them time to answer us…” These are obviously the most important Quebec art museums.

Domino effect, from museums to artists

“Our problem, analyzes Mme Létourneau is that the structures that link museums and exhibition or artist centres, such as the Société des musées du Québec (SMQ) or the Regroupement des centers d’artistes autogérés du Québec, do not have the bargaining power for their members. »

“But we believe in the domino effect,” says the artist-negotiator. We’re tackling the biggest ones, and after we’ve passed the first two or three, we think it’s going to tumble and we’ll then be able to sit down with the SMQ to find a way to discuss more globally. In other words, the SMQ could, between now and then, change its mandate to simplify the negotiations. That’s what the RAAV wants.

But aren’t museum contracts only aimed at a very limited number of artists? “Indeed, there aren’t that many people exhibiting in a museum. We prefer to start with them, because they are beacons; afterwards, we will look at the artists’ centres. We are targeting the big establishments, so that it pulls the conditions from the top. It is believed that the environment will then normalize itself. »

“There are a ton of exhibition centers in Quebec,” says Lise Létourneau. If I just look in my area, in Shefford and its surroundings, there are plenty of small municipal centres, for example, which are in the habit of not paying the artists they exhibit. We believe that it will end up percolating, from the museums until then, that good practices will become normalized and that people will adopt them on their own. But it’s clear to RAAV, for example, that the Montreal Museum of Fine Arts should pay more than an artist-run center.

We are starting out exactly with the principles negotiated with the NGC. We already have the rates, we know what our requirements are.

What about the galleries? “We have already signed standard contracts, in particular with the Association of Contemporary Art Galleries. That’s been done for a long time, and it’s been done in a very friendly way. We know that galleries are private companies and that we cannot go that far. We deal with contracts. These are business relationships, it’s not the same thing at all. »

RAAV therefore does not anticipate needing a large bargaining budget. We will need to hire one person, more to track and monitor contracts, and compile statistical data. Only artists who have contracts with museums or distributors who have ratified the agreements must and will have to submit an association levy of 5% for members and 10% for non-members. “We are not going to increase our contributions for that. Nor apply them to all of our members. »

Being a painter on Instagram

Another thing that, with the law, changes a lot for visual artists is “the notion of professionalism, specifies Mme Letourneau. The old law mainly based this definition on the recognition of peers, on the fact of having exhibited in recognized places, and so on. In short, on criteria similar to those that determine professionalism among government funders. We were a little taken with that, and that made a lot of categories of artists excluded ”.

“There are young people, for example, who only sell through their websites or by exposing themselves on social media and keeping their workshops open. My neighbor works like that, explains Mme Letourneau.

“She hardly exhibits anymore, because she thinks it’s too much trouble compared to what it brings in, but she manages to sell a lot, to make a good living from her painting. She was one of those who were excluded before. The law now recognizes her as self-employed. »

And then ? RAAV intends to set up a retirement fund for the artists it represents, consisting essentially of a contribution from presenters — an important point to be discussed during negotiations. To control these, Mme Létourneau went to look for his partners during the negotiations with the NGC: the sculptor Pierre Tessier, ex-president of the RAAV and “official negotiator during the 10 years when we had to fight against the NGC”, and the former director general Christian Bedard. The artist Lana Greben, who is interested in digital aesthetics and who has a degree in law, adds to this guard.

And a social safety net for visual artists? ” Yes. But we are going to let the first three years of negotiation pass, to see how it goes; because it’s big to organize and we’re too small. We will have to check, for that, if we can associate with the Union of artists. That’s what we’re aiming for, but we’re giving ourselves time. We’re not going to take too big a bite at first; It does nothing, it risks screwing up everything. To be continued, therefore, one step at a time.

A New Negotiating Grant

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