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Status of the Artist

Status of the Artist

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Published by: álvaromoraesdasilvaguédes on Aug 29, 2013
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CLT/CONF.206/3PARIS, 10 June 1997Original: French
WORLD CONGRESS ON THE IMPLEMENTATION OF THERECOMMENDATION CONCERNING THE STATUS OF THE ARTISTorganizedby the United Nations Educational,Scientific and Cultural Organizationin co-operation with the French Ministry of Cultureand the French National Commission for UNESCOand with the collaboration of the Getty Conservation Institute16-20 June 1997 - UNESCO House, 7 place de Fontenoy, 75007 ParisWORKING DOCUMENT FOR COMMISSION BAUTHORS, ARTISTS AND PERFORMERSAND THE ECONOMIC SITUATION AT THEEND OF TIIE TWENTIETH CENTURY
This document has been drawn up on the basis of the reports on the .questionnaireshis document has been drawn up on the basis of the reports on the .questionnairessent out by:ent out by:(i)i) UNESCO to it Member States;NESCO to it Member States;c(ii)ii) the International Federation of Actors;he International Federation of Actors;(iii)iii) the International Federation of Musicians;he International Federation of Musicians;(iv)iv) the International Dance Council;he International Dance Council;and a study preparedby International PEN on issues elating to -theCongress.nd a study preparedby International PEN on issues elating to -theCongress.
This study is based on: the replies of 40 Member States to UNESCO’s questionnaire on social rights, taxationand copyrights; the replies of 50 national unions of the International Federation of Musicians to the questionnaireon the status of music performers in 1997; and the replies to the questionnaire sent out by the InternationalFederation of Actors to 55 of its members in 44 countries on the status of the performer in 1997. Synoptic reportson the questionnaires sent out by UNESCO, the International Federation of Musicians and the InternationalFederation of Actors have appeared as separate documents.
CLT-97KONF.206RLD.6
 
CLT/CONF.206/3
Introduction1.
The topics to be addressed by this Commission relate to the social, fiscal andprofessional status of authors, artists and performers. Social security schemesdiffer accordingto whether the artists are self-employed (freelance) or salaried workers. Generally, artists whoare the authors of literary, dramatic, musical, choreographic, audiovisual, photographic andcinematographic works have self-employed status, while performers are salaried. Thisdistinction was very marked 15 years ago but is becoming blurred as a result of changes nartists’ professional lives. Health is one of the major issues for several categories of artists,particularly dancers,but also musicians and visual arts practitioners.
Remuneration and standard of living
2. The remuneration of performers compared to the averagewage varies from country tocountry. Sometimes it is higher, as in Spain, Finland, Israel, Peru and Portugal, but it isusually lower, notably in Argentina, Azerbaijan, Belarus, Japan, Norway, New Zealand,Netherlands, Poland and the Czech Republic.3.Performers generally receive the union minimum, even from employers who are notdirectly covered by a collective agreement. Collective agreements herefore have a generalregulating role, including with respect to employers not legally bound by them. Collectiveagreementsnegotiated by the unions do not yet exist in every country.4. The remuneration of performers s generally equivalent to, or less than, that of teachers.
5.
The proportion of artists in all professional categories iving on remuneration well abovethe average s between 1 and 5 per cent. In some cases t is as high as 10 per cent, as inFinland, Israel, Japan,Norway and Sweden.6.The great majority of performing artists (over 80 per cent) still make their livingprincipally from live performances.However, in the United Kingdom, with its thriving recordindustry, 40 per cent of musicians’incomes come from recording sessions. Generallyspeaking, income from the secondaryuse of recordings is still negligible, and comes mainlyfrom neighbouring rights; remuneration for private copying is not yet a significant source ofincome.7.Authors receive remuneration from copyright. More often than not the amount isnegligible, compelling them to have a second occupation. Visual arts practitioners live fromthe sale of their work which usually goes through commercial galleries. The gallery’scommission on works sold varies between 50 and 40 per cent, depending on the artist’sreputation and the gallery’s professional status, and may be higher or lower.
Social security coverage
8.It emerges from the replies to the survey conducted by UNESCO among its MemberStates hat in most countries there is no specific social security provision for artists in differentprofessions (except in Tunisia for performers, China, Senegaland Syria for authors, Germany,Canada, France (in some regions only), Romania and Switzerland (in some cantons)). Whereit does exist, coverage is not comprehensive, and is highly inadequate, for example, in thecaseof unemployment and pension benefits.
 
CLT/CONF.206/3 - page 2
9.
In most countries (except Nigeria, Pakistan and Tonga), salaried artists come under thegeneral salaried workers’ scheme.
Salaried worker status
10. The status most frequently accorded to performers is that of salaried workers: 95 percent in Germany, 90 per cent in Croatia, 100 per cent in France, 80 per cent in theNetherlands. Undeclared work is still widespread and insufficiently penalized.11. However, artists have always had to contend with a variable and intermittent jobsituation and the economic environment over the last 15 years has done little to make theirposition more secure. n fact, the period has to some extent witnessed an erosion of the artist’sstatus, with a shift away from permanently employed towards self-employed status and aconsequent oss of social security benefits. As in the case of authors, therefore, freelancestatus s becoming the rule in some countries: 50 per cent in Argentina, 50 per cent in Spain,60 per cent in Israel, 60 per cent in Peru, 50 per cent in Poland, 90 per cent in Portugal, 50 percent in Sweden, 60 per cent in Norway and as much as 80 per cent in the United Kingdom. InNew Zealand, as in the Republic of Korea and Canada, here is no provision for musicians toenjoy salaried status.12. A review of the situation in the last 15 years shows that in some countries governmentshave persistently failed to expand or adapt their social security systems o make allowance forthe special nature of artistic professions. Eighty per cent of the artists’ unions questioned saidthat the number of hours worked in the profession did not enable artists to benefit from thesocial cover of employed persons,as the number of hours required was too high. Ten per centof them also reported that artists in their countries were advised to seek employment in otherprofessions.13. Performers increasingly work freelance, under contract, and are unable to contributeindividually to private pension funds. They rely on the unions to offer them pension schemeswhich they might be entitled to join. Some countries are only just beginning to see he creationof unions or collective administration societies involved in introducing pension schemesflexible enough to be able to accommodate he work of artists employed only sporadically, thedifferent types of remuneration, occasional employment, artists with several jobs andfreelance artists.14. However, the involvement of such collective administration societies in social welfareschemes is relatively recent, and has resulted from an increase in the surn?s enerated byperformers’ rights, part of which cannot be sharedout on an individual basis.15. To take a few specific examples: in Germany the collective administration society paysinto a social fund; in Argentina it helps fund the mutual insurance society; in Spain it helpsfund life and disability insuranceand study grants; n Japan t helps finance a pension scheme.Furthermore, few artists subscribe o individual private supplementary pension schemes.16. In most European countries creative artists (authors) can join a social security schemeattached to the general salaried workers’ system and funded by their own contributions andthose of the persons or entities (including the State, public bodies and local or regionalauthorities (according to the country and the case))which distribute or exploit their works. Inmost other countries, they can only benefit Tom salaried workers’ social security in theircapacity as employees n a second ob.

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