European Parliament: Resolution on the Social Status of Artists

IRIS 2007-8:1/5

Mara Rossini

Institute for Information Law (IViR), University of Amsterdam

On 7 June 2007, the European Parliament adopted a Resolution dealing with the social status of artists. The Resolution states that art can be considered as an occupation and a profession but notes that in a number of Member States certain arts sector professionals are not accorded a legal status. It goes on to stress the precarious and unpredictable nature of professional artistic activity as well as the mobility and flexibility that characterise artists. In order to promote and encourage artistic activity it calls on Member States to put in place measures to improve the situation of artists in Europe. The Resolution is divided into 6 sections which reflect the concerns and the proposed solutions of the European Parliament. The first section sets the general theme and is entitled : “improving the situation of artists in Europe”, this section concentrates on the contractual aspect of professional artistic activities and suggests Member States develop a legal and institutional framework for creative artistic activity through the adoption of “coherent and comprehensive” measures in respect of contracts, social security, sickness insurance, direct and indirect taxation and compliance with European rules. The second section focuses on the protection of artists. It suggests a number of possible tools to achieve this, including an “European professional register” of artists. Such a register would contain employment details pertaining to status, duration of contracts, employers and the like. In the same vein, the European Commission is urged to launch a pilot project introducing a European electronic social security card for artists. This section specifically calls on Member States to ensure the transfer of pension and welfare entitlements acquired by artists from third countries when they return to their countries of origin. Also, cross-border recognition of diplomas and payment of equitable compensation and remuneration in respect of copyrights and associated rights are mentioned as necessary guarantees in order to adequately protect artists. The third and fourth sections are rather short. The former focuses on the complicated visa situation and measures to be taken in order to facilitate mobility and employment of third-country nationals. The latter looks into lifelong training and retraining for artists and suggests steps to be taken in that area. The last two sections are devoted to the question of amateur and nascent artists: the Resolution views amateur artists as budding professional artists and it underlines the necessity of guaranteeing artistic and cultural training from the earliest possible age.