Recipe books, car guides, yoga and ornithology manuals could be excluded from the legal definition of Quebec literature. Same thing for comics, and perhaps also for children’s literature. It is each collective agreement that will establish, through negotiations, whether it includes these works or excludes them. What is the literature that will be thus defined, by all small separate pieces?
The National Association of Book Publishers (ANEL), in a bulletin on its website which provides an update on the last negotiation meeting, specified the counter-proposal it was presenting to the Union of Quebec Writers ( UNEQ). The latter sheds light on the possible interpretations of the definition of literature found in the revision of the Act respecting the status of the artist.
ANEL negotiates on behalf of some 110 publishing houses, including Alto, Boréal, HMH, Courte Escale and Pastèque. It announces that it is counter-proposing “an interim union contribution of 2.5% on the royalty or on the advance on royalty paid to the member and to the non-member of the UNEQ, resulting from a signed publishing contract, at the earliest, from January 1, 2023, of an “original book expressed by the novel, the tale, the short story, the dramatic work, the poetry, the essay or any written work of the same nature”, at the excluding books whose nature is not included in this legislative definition of “literature” and excluding books published on their own account. »
In other words ? If the proposal is accepted, authors of cookbooks, DIY or gardening manuals, personal growth guides would not be covered by this agreement. They would not have to remit union dues to the UNEQ.
Law 35 defines literature as the previous law on the status of the artist did, namely as “the creation and translation of original literary works, expressed by the novel, the tale, the short story, the dramatic work, poetry, essay or any written work of the same nature. However, this last part of the sentence leaves room for several possible interpretations.
Already, in the Parliamentary Committee, during the debates last May before the adoption of the reform project, the opposition parties questioned this open definition. Maître Dominic Normandeau, a lawyer assigned to the Ministry of Culture, then explained that “this kind of expression must be interpreted in the light of the terms that have been listed before. »
“I find it hard to see, there, spontaneously, how one could, by the expression “written work of the same nature”, interpret in the light of a novel, a tale, a short story, a dramatic work, poetry, essays as the cookbook would be… We are really not in the same nature as a novel, a tale and then a short story”, he continued.
A few moments later, Brigitte Doucet, who was then senior adviser to the office of the Minister of Culture, indicated that it was a more inclusive definition that had prevailed, in practice, until now. “I have many years of experience in the Status of the Artist Act, she recalled then. When we were talking earlier about the definition of literature, it is very broad and, ultimately, it will be up to the court to decide whether a work is covered or not, it will never be at the head of a person, but rather by categories of work. »
“And, in my opinion, that’s as broad as being able to cover textbooks and how-to books, stuff like that.” UNEQ’s recognition covers all literature and it will be up to them, according to their requests, to negotiate… application with the publishers,” added Ms.me Sweet.
The first interpretations of the impacts of the overhaul of the Act — including those made last December by the interlocutors of the Duty — believed that it would henceforth be any creator of books, regardless of the genre, literary or not, who would henceforth be legally considered as authors of literature.
“The recognition published on the site of the Administrative Labor Tribunal provides that the UNEQ protects “all professional artists working in the field of literature in Quebec”, explained the law researcher at the University of Sherbrooke, Véronyque Roy. . “So we are thinking of all the creators, in any language, who enter into agreements for remuneration related to their work in the Quebec book industry. Consider the publishing contract signed in Quebec. »
Comics are no longer literature
Thursday, Karine Vachon, director general of ANEL, confirmed to the Duty that the association was working with a definition that excludes how-to books. She also pointed out, in the course of the questions, that the Act also makes it possible to ask whether or not children’s books are included in the definition. “It could be debatable, she believes. As for the comics, too. Especially since comics were previously listed separately in the Act, and were removed in 1988. »
In its Information Guide to prepare for the next extraordinary general meeting of its members, on March 29, the UNEQ does not specify which definition of literature it intends to defend during the negotiations. It must be said that since last December, the UNEQ has had to deal with numerous criticisms from certain authors, members or not, in the face of some of its proposals such as union dues or the sale of the Writers’ House. UNEQ has already started negotiations with ANEL and Sogides, and said in December to the Duty expect to lead dozens more.
At the time these lines were written, neither the UNEQ nor the office of the Minister of Culture had yet answered the questions of the Duty.
Who will define Quebec literature? “If there is disagreement on what is covered and what is not, continued in the Parliamentary Commission Mme Doucet last May, it is not in the law that it is specified, but it will rather ultimately be before the courts that it will be decided. »
With Annabelle Caillou