On May 14, 2009 The Arts Professions Act received Royal Assent. The new law increases protection for artists and their intellectual property by requiring written contracts between those who engage the services of artists and the artists themselves. The contracts will clearly acknowledge the transfer of intellectual property rights from professional artists.

Subject to any future regulations, engagers and artists are to enter into contracts for any of the following purposes on a not-for-profit or for-profit basis:

1. to produce an artistic work or production;
2. to present an artistic work or production to the public; or
3. to engage in an enterprise that circulates or disseminates artistic works to the public, including lending, leasing, exchanging, depositing, exhibiting, publishing, publicly presenting or using in any other similar fashion.

The Arts Professions Act:

• defines a "professional artist" as someone who is a self-employed artist who earns income from art, and is recognized as a professional in a number of criteria (click here for the legal definition of an artist);
• recognizes the contribution artists make to the cultural, social, economic and educational life of the province;
• recognizes the importance of fair compensation to professional artists for the creation and use of their works;
• sets out policy principles, such as: the right of artistic and cultural expression; the desirability of making artistic works public; the right of professional artists to form associations; etc.;
• provides a contract framework to define transactions between engagers and artists, including the treatment of intellectual property (click here for a checklist on elements that should be included in a contact);
• requires government to adhere to the act; and
• repeals The Status of the Artist Act.

This new law is a component of the Ministry of Tourism, Parks, Culture and Sport's plan to create a cultural policy framework and action plan that will ensure the arts and culture sector thrives in Saskatchewan.

The Arts Professions Act is scheduled to come into force in June 2010. This period will allow artists and engagers to become educated about the new legislation and its impact on their business transactions.

In 2002, Saskatchewan became the first province other than Québec to adopt Status of the Artist legislation. The Status of the Artist Act, which passed on June 6, 2002, recognizes the contribution cultural workers make to the enrichment of society. The Act also sets out the parameters that government should consider when developing policies respecting the arts and artists. It enables the minister to establish a temporary advisory committee to investigate issues of importance to artists in Saskatchewan.

In 2005, an advisory committee was struck to provide advice to the Minister on measures that can be undertaken to improve the socio-economic status of the artist. After extensive consultations with artists, and arts organizations, the committee presented its final report to the minister in 2006.

The committee identified three goals of the sector: engagement of viable careers, access to thriving markets and access to information that supports efforts to achieve viable careers. The recommendations outlined in the final report are meant to support the goals as set forward by artists and arts organizations.

Further consultations were held in the summer of 2008.  The Arts Professions Act was drafted based on these consultations.