General Secretary, British Musicians’ Union STATUS OF THE ARTIST John F Smith President, FIM General Secretary, British Musicians’ Union ©British Musicians’ Union

UN Declaration of Human Rights, Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

UNESCO Status of the Artist Recommendation 1980 Conference on the Implementation of Status of the Artist 1997 Final Declaration and recommendations

Creating Sustainable Careers What makes Artists different to other workers? A large number of employers Sporadic employment with inevitable periods of unemployment Poor and unpredictable income levels (on the basis of often irregular salaries, fees, royalties and ER rights etc.) The necessity of devoting unpaid time to research and personal development

Barriers to Creating Sustainable Careers Poor individual bargaining power Combining artistic work with another waged job, in order to survive financially An unpredictable market place and the associated risks of success and hazards linked to the effects of fashion Unavoidable mobility, linked to isolation giving a poor bargaining position Dependence on intermediaries of various kinds such as agents, publishers, record companies etc

1997 Recommendations to UNESCO Stimulate the Market Safeguard Intellectual Property Develop Education and Skills Provide Decent Pensions and Social Protection

Stimulate the Market Provide support to explore emerging markets Acknowledge the contribution of Artists to the creative industries Encourage trade unions and trade associations to disseminate best practice by allowing such activities (charitable status?) Include Artists in cultural decision making Ensure that Artists’ collective bargaining is not restricted by competition law

Stimulate the Market Third party exploitation of copyright to take place by licence not assignment Unexploited recordings to be returned to the creator(s) Contracts to favour the Artist not the producer Use DRM not TPM to track the use of recordings

Safeguard Intellectual Property Extend the term of protection for performers’ rights Enforce and enhance methods already available to protect the infringement of IP rights Make ISPs take responsibility for copyright infringement Inform the audience when artists are ‘lip-syncing’ to pre-recorded tracks and when ‘play back’ is used Recognise the rights of trade unions and associations to ‘bargain’ IP on behalf of artists

Develop Education & Skills Help artists at the beginning of their careers Make music a core curriculum subject in all schools Provide rehearsal facilities Provide opportunities for life-long learning and continuing professional development Encourage unemployed artists to rehearse and compose

Provide decent pensions and social protection Ensure recognition by the welfare system of ‘artist’ as a profession. Develop definitions of artists to assist in attempting to redress the biases evident in many national systems Allow increased flexibility in reporting both incomes and employment status. Explore the possibility of greater tax deductions for professional expenses, especially for training and professional development purposes

Provide decent pensions and social protection Reduce tax rates for artists, particularly in the start-up and early business phases Adapt the social welfare system to the particular needs of artists, (e.g. by allowing their benefits status to be uninterrupted during short working or research trips abroad)

Access to Finance Develop innovative and flexible credit schemes: Startup programmes – including cash or in-kind assistance in financing material and equipment for artists at the beginning of their careers Give low interest or interest-free loans, and reduce security requirements for artists’ loans.

European Developments Da Silva Resolution (March 9th 1999) on the Role of Artists in the European Union Motion to the European Parliament on the Status of Artists (May 23rd 2007)– Committee on Culture and Education, Rapporteur Claire Gibault Gallo Report adopted by the European Parliament September 2010

Countries with SOTA legislation Canada (Ontario, Quebec) Hungary Lithuania Morocco

Canada Canada responded to the UNESCO Recommendation by creating the Siren‐Gélinas Task Force on the Status of the Artist which reported in August 1986. The 37 recommendations urged: action by all levels of government on taxation, copyright, collective bargaining rights, payment of professional rates by governments and their agencies, social benefits, health and safety provisions, education, & training freedom of expression.

Canada In response to the Siren‐Gélinas Report 4, the federal government appointed an Advisory Committee on the Status of the Artist, comprised of artists and officials from unions, associations and guilds, which drafted and recommended adoption of a Canadian Artists Code 5. Status of the Artist Act, which was proclaimed into federal law in June 1992.

Canada Part 1 of the Act outlines important principles, including: (a) the importance of the contribution of the artists to the cultural, social, economic and political enrichment of Canada; (b) the importance to Canadian society of conferring on artists a status that reflects their primary role in developing and enhancing Canada’s artistic and cultural life, and in sustaining Canada’s quality of life;

Canada (c) the role of the artist, in particular to express the diverse nature of the Canadian way of life and the individual and collective aspirations of Canadians; (d) to propose measures, based on research and studies, to improve the professional working conditions of artists….”

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