Self-employed Artists

Section 6(2)(b) of the Status of the Artist Act (Act) applies to independent contractors who

  1. are authors of artistic, dramatic, literary or musical works within the meaning of the Copyright Act, or directors responsible for the overall direction of audiovisual works,
  2. perform, sing, recite, direct or act, in any manner, in a musical, literary or dramatic work, or in a circus, variety, mime or puppet show, or
  3. contribute to the creation of any production in the performing arts, music, dance and variety entertainment, film, radio and television, video, sound-recording, dubbing or the recording of commercials, arts and crafts, or visual arts, and fall within a professional category prescribed by regulation.

and are determined to be professionals according to the criteria set out in section  18(b) of the Act, which are whether the independent contractor

  1. is paid for the display or presentation of his or her work before an audience, and is recognized to be an artist by other artists,
  2. is in the process of becoming an artist according to the practice of the artistic community, or
  3. is a member of an artists' association.

The Professional Category Regulations define the following professional categories, comprising professions in which the practitioner contributes directly to the creative aspects of the production by carrying out one or more of the following activities:

  1. category 1 - camera work, lighting and sound design;
  2. category 2 - costumes, coiffure and make-up design;
  3. category 3 - set design;
  4. category 4 - arranging and orchestrating; and
  5. category 5 - research for audiovisual productions, editing and continuity.

The professional categories prescribed above do not include any profession in which the practitioner of the profession:

  1. carries out, in connection with an activity referred to in section (1), the activities of accounting, auditing, legal, representation, publicity or management work or clerical, administrative or other support work; or
  2. is a person referred to in section 6(2)(b)(i) of the Act or carries out an activity referred to in section 6(2)(b)(ii) of the Act.

Rights and responsibilities of self-employed artists

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