Illustrating Options:
Collective Administration of Intellectual Property for Canadian Cultural Heritage Institutions
8. Quebec's Unique Environment
The convergence of labour 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.31
Licensing agreements issued by collectives, particularly in the
audio-visual 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.32 If an association is not authorised
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 non-governmental 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.33 Therefore, artists' associations, collective societies,
and potential users must negotiate in an adversarial labour law
environment and cannot avail themselves of any formal legislative
structure that sets certain terms and conditions.