IT IS RECOGNIZED IN LAW THAT:

  1. Artists have a fundamental right to freedom of expression and this right can be exercised publicly without direct or indirect control.
  2. 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.

  1. 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;
  2. The fact that an Artist is represented by a dealer, publisher, agent, or similar representative appropriate to the nature of his/her work;
  3. 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;
  4. 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;
  5. 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;
  6. 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;
  7. 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;
  8. 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.