LETTERS TO THE EDITOR
Ontario Arts Council make-work projects:
Artist Gerhard Harpe, Kingston, Ont. (May 21/96).
Copyright questions: N. Nathaniel, Ontario
(May 20, 1996)
Regarding Art Biz Bits #12, the Ontario PCs:
Nigel Sivel, Ontario, Canada (May 7, 1996)
Sincerely: Brent J. Luebke in Alberta, Canada
(April 23/96).
Quality in Canadian art: Ottawa, Ontario, Canada
(April 9/96)
Ontario Arts Council make-work
projects: Artist Gerhard Harpe, Kingston, Ont (May 21/96) [Mr. Harpe has
a web site at: http://icity.kosone.com/art/harpe/]
[The letter below is in response to Art Biz Bits #14, May 20 which reads:
"A second blow to the OAC is the loss of support from the Chalmers
family of Toronto, a well known Canadian patron of the arts. The family
is reported to be ending its 24 year relationship with the OAC. Since 1972,
the family has funded the OAC through accrued interest on gifts to the OAC's
Ontario Arts Foundation. Those gifts now total $11-million out of the foundation's
assets of $12.5-million. The future of continued gifts is at "issue"
reports the Globe and Mail (May 16). The reasons for the family's decision
are many but are neatly summed up in a letter from family representatives
Joan Chalmers and her sister-in-law to OAC chairman Paul Hoffert. In the
letter the women state: "... we will never again entrust our money
to the whim and fancy of bureaucrats and appointed boards."]
In my view this money [given by the Chalmer's family of Toronto to the Ontario
Arts Council] was used for political "make work" projects through
the front of the Ontario Arts Council and was never politically intended
for the artists. It is too bad that Ms. Chalmers did not understand that
public funding for the arts is a way of keeping voters coming back to vote
and has very little to do with art. For example, as you mentioned in one
of your ART BIZ BITS, the ratio of administration expenses to funding that
actually gets to artists, is outrageously favoured towards the administration,
a make work political project (voters coming back to vote), not arts funding.
I am embarassed that my government allows this embezzlement in the name
of democracy. And I am sorry that the good will of the Chalmers gets burned.
This makes it harder for the arts to find such support in the future.
Copyright questions: N.
Nathaniel, Ontario (May 20, 1996)
[The following questions are responded to by Lesley Ellen Harris, Copyright
& New Media Lawyer, Toronto. Ms. Harris can be reached at: copylaw@interlog.com.
Her web page location is http://www.mcgrawhill.ca/copyrightlaw]
>>What are my son's rights to an object he has created after he
has sold it....
>It depends on what the "son" has agreed to upon sale of the
work. If the son is an employee, the >employer automatically owns the
work. If he did the work as a freelancer, he would own the work. >If
it's a commissioned photograph, portrait or engraving, the commissioner
would own the >copyright. An oral agreement is as valid as a written
one, although an assignment must
>be in writing. If he gave away all his rights in the work, then he may
still have the moral rights of >integrity and paternity in his work.
If he is under age, he may need a parent to agree to anything on >his
behalf (I'm not an expert in "under-age" issues.)
>>and how can he/we protect these rights?
>By a written contract is best when work as early as possible in the
process.
>>Should we have a contract for further work sold which we know
will likely be reproduced?
>Absolutely.
>>What form should the contract take?
>Written -- CARO probably has sample contracts and will guide you through
some of the issues >which should appear in your agreement.
>Best of luck.
Regarding Art Biz Bits #12:
Nigel Sivel, Ontario, Canada (May 7, 1996)
[ART BIZ BITS: BIT #12
Mon. May 6, 1996
The Ontario Progressive Conservatives are taking a business approach to
running government including its ministry of culture. The PC Management
Board Chair, Dave Johnson, announced in early April that each government
ministry now has a roughed in business plan. The plan for the Ministry of
Citizenship, Culture and Recreation reads:
"The Ministry will encourage the arts and protect the heritage of Ontario
by increasing the self reliance of individuals and groups involved in arts
and heritage, and focussing on strategic support."
"The Ministry will continue its stewardship role for the province's
irreplaceable collections. The Ministry will also maximize the economic
vitality of Ontario's cultural industries and evaluate the government's
role in public educational broadcasting." ....]
Thought you'd like to know this...regarding [the] quote "The Ministry
will also maximize the economic vitality of Ontario's cultural industries
and evaluate the government's role in public educational broadcasting."
The Government has taken a quiet step dealing in a negative way with public
educational broadcasting (read TVO). TVO has apparently sold the rights
to all their educational programs to a private company. This means that
when the copyright expires on the progams we have at the highschool, we
will have to pay a fee to the private company in order to renew them. Before,
TVO paid the fees to the show producers. If we don't pay, we will have to
erase the programs. In addition, there's a long list of programs we are
using now that will NOT be renewed, forcing us to erase them. Our media
coordinator says his program budget will be shot just trying to maintain
the present collection with no money available to purchase new materials.
He belongs to an organization called Media East, made up of people like
himself who block purchase TV programs for school use. They are very angry
at this move. The Conservatives are making not only a frontal attack on
the arts, but are coming up from below to attack the soft underbelly as
well. Of course, it can be expected the Harris Government would come up
from below since that seems to be where they live....
Sincerely: Brent J. Luebke
in Alberta, Canada (April 23/96).
I have enjoyed exploring your magazine very much. Many interesting and informative
articles along with a very simple layout make for enjoyable reading.
I am a private fine art dealer in Edmonton, Alberta. My area of specialty
is historical Canadian and European paintings, drawings, and original prints.
Thank you for assembling such a great Canadian Art Web page.
Quality in Canadian art:
Ottawa, Ontario, Canada (April 9/96)
I just read Tammy Love's article and I found her observations so right especially
about the Canadians' perception about art versus business. She also put
the finger at the right place when she talked about level of quality and
competition. So Bravo! for the courage to say it and the accuracy of the
issue.
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