The working conditions of writers are not good with this Act respecting the professional status of artists in the visual arts, arts and crafts and literature and their contracts with distributors (S-32.01), which is deemed too weak. In the event of a dispute, they are helpless and left to their own devices.
This law is so ineffective, in fact, that the president of the UNEQ (Union of Quebec Writers and Writers), Suzanne Aubry, summarizes the crux of the problem as follows: “This law has never protected us, has never helped us which has resulted in an “injustice that has gone on for too long”.
However, the Minister of Culture and Communications, Nathalie Roy, intends to table a reform project in this area in April. For this substantive work, I ask him to take into account the following claims that arise from bitter experiences in the field:
1. Sanction effectively and without delay a publisher who does not pay the royalties to his authors, who violates the clauses of the contract and who does not respond to formal notices, that the contract be immediately terminated in accordance with art. 1605 CCQ;
2. rigorously apply this law which seems more virtual than effective;
3. impose the penalties mentioned by law. They are just a dead letter. The option of arbitration becomes arduous and costly if the other party refuses to adhere to it;
4. personally intervene in the application of the law, as indicated, since at the moment no intervention is carried out, even after several complaints.
5. Hire inspectors who act diligently to investigate problematic or fraudulent cases and punish offenders immediately;
6. immediately and unilaterally terminate, unconditionally, a publishing contract when the relationship becomes extremely toxic and unlivable;
7. Penalize those who abuse the system with impunity by pocketing hundreds of thousands of dollars in public money while defrauding writers and breaking contract terms;
8. demand reimbursement of grants from any organization that fails to meet its contractual obligations and grant criteria;
9. Require absolute transparency from the publisher regarding accountability. That they are accessible online to the author in order to ensure at all times the veracity of the figures declared, without resorting to formal notices, to the courts and without sending subpoenas to the distributors;
10. include in the publishing contract a clause ordering distributors to send monthly reports regularly to the author as well, since he is the first concerned. This would be one of the few ways to validate publisher information;
11. limit press services and freebies to 20 copies in order to avoid abuse and the fraudulent transfer of figures from one heading to another in the statements;
12. declare null and void any abusive contract, containing contradictory, unclear clauses and which does not respect the balance of power between the two parties;
13. carry out suspensions of accreditation and ex officio cancellations in the event of fraud and abuse;
14. limit the duration of the contract to five or seven years, renewable;
15. grant optimal power to the UNEQ so that it can intervene with all the prerogatives of a union and settle disputes in the field;
16. create a simplified legal procedure like the Administrative Labor Tribunal for artists, or extend the powers of this Tribunal by empowering it to also hear all disputes related to artists and copyright. For the moment, no body is officially mandated to judge the cases of artists, which creates an inadmissible legal void. The artistic community finds itself discriminated against and ostracized.
17. Include a clause that clearly delegates to the Sûreté du Québec and the RCMP the duty and the power to investigate and apply this law as well as its sanctions. For the moment, there is a deplorable vagueness in the legislation. These authorities struggle to determine the article which authorizes them to intervene legally.
It would be totally unfair for writers to suffer such shortcomings in the protection of their most legitimate rights. Without a solid law protecting them, they find themselves tossed from one body to another. Each claiming to be unfit to intervene for lack of clear legislation. This vicious circle paralyzes the judicial system and prevents justice from being done.
Culture and artists deserve better than that. Culture is the soul of a people, its heritage that it bequeaths to the whole world. It’s what’s left after we’re gone. It is the best investment for our heritage to offer, at least, protection and better working conditions to authors. Without solid law and solid sanctions, the law becomes fictitious, obsolete and useless!
Hopefully these grievances are heard. This affects thousands of authors in Quebec. It is time to act and correct course.