STATUS OF THE ARTIST John F Smith President, International Federation of Musicians (FIM) General Secretary, British Musicians’ Union ©British Musicians’ Union

UNESCO Status of the Artist Recommendation 1980 World Observatory on the Status of the Artist 1997 –Final Declaration and recommendations

UN Declaration of Human Rights, Article 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.

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 resale rights etc.) –The necessity of devoting unpaid time to research and personal development

Creating Sustainable Careers –Poor individual bargaining power –Combining artistic work with other paid work, 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, producers etc

Creating Sustainable Careers 1997 Recommendations to UNESCO Stimulate the Market Safeguard Intellectual Property Develop Education and Skills Provide Good 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 their activities, in support of their members, charitable status –Include Artists in cultural decision making –Ensure that Artists’ collective bargaining is not restricted by competition law

Stimulate the Market –Inform the audience when artists are ‘lip- syncing’ to pre-recorded tracks and when ‘play back’ is used –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 –DRM 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 against the infringement of IP rights –Make ISPs take responsibility for copyright infringement –Recognise the rights of trade unions and associations to ‘bargain’ IP on behalf of their members

Develop Education & Skills Help artists at the beginning of their careers by…. –Making music a core curriculum in all schools –Providing rehearsal facilities –Providing opportunities for life-long learning and continuing professional development –Encouraging unemployed artists to rehearse and compose

Provide good pensions and social protection Ensure recognition by the welfare system of ‘artist’ as a profession. Develop definitions of ‘artist’ to assist in attempting to redress the biases evident in many national systems Allow increased flexibility in reporting both incomes and employment status, including the possibility of claiming dual status for artists who are simultaneously employees and self employed

Provide good pensions and social protection Introduce the possibility of greater tax deductions for professional expenses, especially for training and professional development purposes 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)

Provide good pensions and social protection Develop innovative and flexible credit schemes such as startup programmes and cash or in-kind assistance to finance 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.

STATUS OF THE ARTIST THE END THANK YOU FOR YOUR KIND ATTENTION