Case # 35353
Canadian Artists’ Representation, et al. v. National Gallery of Canada (May 14, 2014)
The appellants are the representative organization for visual artists in canada. In 2003, the appellants began negotiating with the national gallery, and those negotiations covered the issue of minimum fees for the use of existing works. In 2007, the National Gallery received a legal opinion that it could legitimately refuse to discuss copyright issues with the appellants. The National Gallery later presented a revised draft scale agreement to the appellants. In the revised draft scale agreement all references to the minimum fees for the use of existing works had been removed. The appellants filed a complaint with the canadian artists and producers professional relations tribunal. The tribunal found that the national gallery failed to bargain in good faith when it reversed its bargaining position. The federal court of appeal, in a majority judgment, allowed the National Gallery’s application for judicial review and set aside the tribunal’s decision.