IT IS RECOGNIZED IN LAW THAT:
- Artists have a fundamental right to freedom of expression and this right can be exercised publicly without direct or indirect control.
- Artists enjoy the right of association and the right to bargain collectively.
PROFESSIONAL RECOGNITION OF ARTISTS
A professional Artist is recognized as one who meets a combination of four of the following criteria, one of which must be 4, 5, 6 or 7.
- The fact that an Artist has presented his/her work to the public by means of exhibitions, publications, performances, readings, screenings or similar representative appropriate to the nature of his/her work;
- The fact that an Artist is represented by a dealer, publisher, agent, or similar representative appropriate to the nature of his/her work;
- The fact that an Artist devotes a reasonable proportion of his/her professional time as an artist to promoting or marketing his/her work, including, but not limited to, presenting himself/herself for auditions, seeking sponsorship, agents or engagements, or similar activities appropriate to the nature of his/her work;
- The fact that an Artist receives or has received, compensation from his/her work including, but not limited to, sales fees commissions, salaries, royalties, grants and awards, any of which may reasonably be included as professional or business income;
- The fact that an Artist has a record of income or loss relevant to the exploitation of his/her work and appropriate to the span of his/her artistic career;
- The fact that an Artist has received professional training either in an educational institution or from a practitioner or teacher recognized within his/her profession;
- The fact that an Artist has received public or peer recognition in the form of honours, awards, professional prizes or by publicly disseminated critical appraisal;
- The fact that an Artist has membership in a professional association appropriate to his/her artistic activity whose membership or categories of membership, is or are, limited under standards established by the association; or which is a trade union or its equivalent appropriate to his/her artistic activity.