10. Another Perspective

B. Options for Administration of Intellectual Property Rights in
CCCanadian Cultural Heritage Institutions (continued)

Quebec's Unique Environment

The convergence of labor law and the collective administration of copyright is particularly apparent in Quebec, resulting in a hybrid rights management system in this province. Artists’ associations, which include collective societies, represent many different categories of artists (based on specific rights) and have large memberships. They wield enormous influence in negotiating conditions of use.32

Licensing agreements issued by collectives, particularly in the audiovisual field, become more like collective agreements with minimum terms and conditions. They cover areas such as how a work may be used, remuneration required, rights that may be licensed, and perhaps a "good will" clause (frequently required of artists of particular notoriety). If an association holds the express authority to negotiate copyright, agreements will also stipulate royalty rates and tariffs.33 If an association is not authorized to negotiate copyright, the government agency must enter into separate licensing agreements with the collective society, thereby creating further layers of negotiation in the licensing process.

When agreements are negotiated with nongovernmental bodies, artists’ associations and collective societies often find themselves at the same bargaining table. However, issues become more complex because the minimum standards set in provincial and federal legislation do not apply.34 Therefore, artists’ associations, collective societies, and potential users must negotiate in an adversarial labor law environment and cannot avail themselves of any formal legislative structure that sets certain terms and conditions.

Collective Administration in Canada: A Legal Framework

Introduction to
Managing Digital Assets