Legislative Protection for Artists and their Intellectual Property Announced in Saskatchewan
The Government of Saskatchewan recently introduced Bill 68 to provide legislative protection for artists and their intellectual property. Significantly, the legislation, entitled The Arts Professions Act, affirms and recognizes:
- the important contribution of artists to the cultural, social, economic, and educational enrichment of Saskatchewan;
- the value of artistic creativity in advancing Saskatchewan's cultural, social, economic and educational life;
- the valuable contribution of artists to Saskatchewan's cultural heritage and development; and
- the importance of professional artists of being fairly compensated for the creation and use of their artistic works.
Notably, the Act requires the execution of written agreements when engaging qualifying "Professional Artists" for goods and services including clauses addressing the financial consideration due, the terms of payment, dispute resolution mechanisms, copyright waivers (if applicable), the transferability/assignability of the agreement, etc. It is anticipated that once the Act comes into force June 1, 2010, the certainty provided by the legislation will formalize and standardize contracting between Professional Artists and engagers thereby mitigating against prolonged disputes over the terms of sale or transferability of artistic goods and services and the underlying intellectual property rights relating thereto.
