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The General
Conference of the United Nations Educational, Scientific and Cultural
Organization, meeting in Belgrade from 23 September to 28 October 1980
at its twenty-first session,
Recalling that, under the
terms of Article 1 of its Constitution, the purpose of the
Organization is to contribute to peace and security by promoting
collaboration among the nations through education, science and culture
in order to further universal respect for justice, for the rule and
for the human rights and fundamental freedoms which are affirmed for
the peoples of the world, without distinction of race, sex, language
or religion, by the Charter of the United Nations,
Recalling the terms of the
Universal Declaration of Human Rights, and particularly Articles 22,
23, 24, 25, 27 and 28 thereof, quoted in the annex to this
Recommendation,
Recalling the terms of the
United Nations International Covenant on Economic, Social and Cultural
Rights, particularly its Articles 6 and l 5, quoted in the annex to
this Recommendation, and the need to adapt the necessary measures for
the preservation, development and dissemination of culture, with a
view to ensuring the full exercise of these rights,
Recalling the Declaration
of the Principles of International Cultural Co-operation, adapted by
the General Conference of UNESCO at its fourteenth session,
particularly its Articles III and IV, which are quoted in the annex to
this Recommendation, as well as the Recommendation on Participation by
the People at Large in Cultural Life and their Contribution to it,
adopted by the General Conference of UNESCO at its nineteenth
session,
Recognizing that the arts
in their fullest and broadest definition are and should be an integral
part of life and that it is necessary and appropriate
for governments to help create and sustain not only a climate
encouraging freedom of artistic expression but also the material
conditions facilitating the release of this creative talent,
Recognizing that every
artist is entitled to benefit effectively from the social security and
insurance provisions contained in the basic texts, Declarations,
Covenant and Recommendation mentioned above,
Considering that the artist
plays an important role in the life and evolution of society and that
he should be given the opportunity to contribute to society's
development and, as any other citizen, to exercise his
responsibilities therein, while preserving his creative inspiration
and freedom of expression,
Further recognizing that
the cultural, technological, economic, social and political
development of society influences the status of the artist and that it
is consequently necessary to review his status, taking account of
social progress in the world,
Affirming the right of the
artist to be considered, if he so wishes, as a person actively engaged
in cultural work and consequently to benefit, taking account of the
particular conditions of his artistic profession, from all the legal,
social and economic advantages pertaining to the status of workers,
Affirming further the need
to improve the social security, labour and tax conditions of the
artist, whether employed or self-employed, taking into account the
contribution to cultural development which the artist makes,
Recalling the importance,
universally acknowledged both nationally and internationally, of the
preservation and promotion of cultural identity and of the role in
this field of artists who perpetuate the practice of traditional arts
and also interpret a nation's folklore,
Recognizing that the vigour
and vitality of the arts depend, inter alia, on the well-being of
artists both individually and collectively,
Recalling the conventions
and recommendations of the International Labour Organisation (ILO)
which have recognized the rights of workers in general and, hence, the
rights of artists and, in particular, the conventions and
recommendations listed in the appendix to this Recommendation,
Taking note, however, that
some of the International Labour Organisation standards allow for
derogations or even expressly exclude artists, or certain categories
of them, owing to the special conditions in which artistic activity
takes place, and that it is consequently necessary to extend their
field of application and to supplement them by other standards,
Considering further that
this recognition of their status as persons actively engaged in
cultural work should in no way compromise their freedom of creativity,
expression and communication but should, on the contrary, confirm
their dignity and integrity,
Convinced that action by
the public authorities is becoming necessary and urgent in order to
remedy the disquieting situation of artists in a large number of
Member States, particularly with regard to human rights, economic and
social circumstances and their conditions of employment, with a view
to providing artists with the conditions necessary for the development
and flowering of their talents and appropriate to the role that they
are able to play in the planning and implementation of cultural
policies and cultural development activities of communities and
countries and in the improvement of the quality of life,
Considering that art plays
an important part in education and that artists, by their works, may
influence the conception of the world held by all people, and
particularly by youth,
Considering that artists
must be able collectively to consider and, if necessary, defend their
common interests, and therefore must have the right to be recognized
as a professional category and to constitute trade union or
professional organizations,
Considering that the
development of the arts, the esteem in which they are held and the
promotion of arts education depend in large measure on the creativity
of artists,
Aware of the complex nature
of artistic activity and of the diverse forms it takes and, in
particular, of the importance, for the living conditions and the
development of the talents of artists, of the protection of their
moral and material rights in their works, or performances, or the use
made of them, and of the need to extend and reinforce such protection,
Considering the need to
endeavour to take account as far as possible of the opinion both of
artists and of the people at large in the formulation and
implementation of cultural policies and for that purpose to provide
them with the means for effective action,
Considering that
contemporary artistic expression is presented in public places and
that these should be laid out so as to take account of the opinions of
the artists concerned,
Considering therefore that
there should be close co-operation between architects, contractors and
artists in order to lay down aesthetic guidelines for public places
which will respond to the requirements of communication and make an
effective contribution to the establishment of new and meaningful
relationships between the public and its environment,
Taking into account the
diversity of circumstances of artists in different countries and
within the communities in which they are expected to develop their
talents, and the varying significance attributed to their works by the
societies in which they are produced,
Convinced nevertheless,
that despite such differences, questions of similar concern arise in
all countries with regard to the status of the artist, and that a
common will and inspiration are called for if a solution is to be -
found and if the status of the artist is to be improved, which is the
intention of this Recommendation,
Taking note of the
provisions of the international conventions in force relating, more
particularly, to literary and artistic property, and in particular of
the Universal Convention and the Bern Convention for the Protection of
Literary and Artistic Works, and of those relating to the protection
of the rights of performers, of the resolutions of the General
Conference, of the recommendations made by UNESCO’s intergovernmental
conferences on cultural policies, and of the conventions and
recommendations adopted by the International Labour Organisation,
listed in the appendix to this Recommendation,
Having before it as item 31
of the agenda of the session, proposals concerning the status of the
artist,
Having decided at its
twentieth session, that this question should be the subject of a
recommendation to Member States,
The General Conference
recommends that Member States implement the following provisions,
taking whatever legislative or other steps may be required—in
conformity with the constitutional practice of each State and the
nature of the questions under consideration—to apply the principles
and norms set forth in this Recommendation within their respective
territories.
For those States which have
a federal or non-unitary constitutional system, the General Conference
recommends that, with regard to the provisions of this Recommendation
the implementation of which comes under the legal jurisdiction of
individual constituent States, countries, provinces, cantons or any
other territorial and political subdivisions that are not
obliged by the constitutional system of the federation to take
legislative measures, the federal government be invited to inform the
competent authorities of such States, countries, provinces or cantons
of the said provisions, with its recommendation for their adoption.
The General Conference
recommends that Member States bring this Recommendation to the
attention of authorities, institutions and organizations in a
position to contribute to improvement of the status of the artist and
to foster the participation of artists in cultural life and
development.
The General
Conference recommends that Member States report to it, on dates and in
a manner to be determined by it, on the action they have taken to give
effect to this
Recommendation.
1. Recommendation
adopted on the report of Programme Commission IV at the thirty-seventh
plenary meeting, on 27 October 1980.
I.
Definitions
For the purposes of this
Recommendation:
1. ‘Artist’ is taken to
mean any person who creates or gives creative expression to, or
re-creates works of art, who considers his artistic creation to be an
essential part of his life, who contributes in this way to the
development of art and culture and who is or asks to be recognized as
an artist, whether or not he is bound by any relations of employment
or association.
2. The word ‘status
signifies, on the one hand, the regard accorded to artists, defined as
above, in a society, on the basis of the importance attributed to the
part they are called upon to play therein and, on the other hand,
recognition of the liberties and rights, including moral, economic and
social rights, with particular reference to income and social
security, which artists should enjoy.
II.
Scope of application
This Recommendation applies
to all artists as defined in paragraph I.l, irrespective of the
discipline or form of art practised by such artists. These include
inter alia all creative artists and authors within the meaning of
the Universal Copyright Convention and the Bern Convention for the
Protection of Literary and Artistic Works, as well as performers and
interpreters within the meaning of the Rome Convention for the
Protection of Performers, Producers of Phonograms and Broadcasting
Organizations.
III.
Guiding principles
1. Member States,
recognizing that art reflects, preserves and enriches the cultural
identity and spiritual heritage of the various societies, constitutes
a universal form of expression and communication and, as a common
denominator in ethnic, cultural or religious differences, brings home
to everyone the sense of belonging to the human community, should
accordingly, and for these purposes, ensure that the population as a
whole has access to art.
2. Member States should
encourage all activities designed to highlight the action of artists
for cultural development, including in particular activities carried
out by the mass media and the educational system, and for the
employment of leisure for cultural purposes.
3. Member States,
recognizing the essential role of art in the life and development of
the individual and of society, accordingly have a duty to protect,
defend and assist artists and their freedom of creation. For this
purpose, they should take all necessary steps to stimulate artistic
creativity and the flowering of talent, in particular by adopting
measures to secure greater freedom for artists, without which they
cannot fulfil their mission, and to improve their status by
acknowledging their right to enjoy the fruits of their work. Member
States should endeavour by all appropriate means to secure increased
participation by artists in decisions concerning the quality of life.
By all means at their disposal, Member States should demonstrate and
confirm that artistic activities have a part to play in the nations'
global development effort to build a juster and more humane society
and to live together in circumstances of peace and spiritual
enrichment.
4. Member States should
ensure, through appropriate legislative means when necessary, that
artists have the freedom and the right to establish trade unions and
professional organizations of their choosing and to become members of
such organizations, if they so wish, and should make it possible for
organizations representing artists to participate in the formulation
of cultural policies and employment policies, including the
professional training of artists, and in the determination of artists
conditions of work.
5. At all appropriate
levels of national planning, in general, and of planning in the
cultural field, in particular, Member States should make arrangements,
by close co-ordination of their policies relating to culture,
education and employment among other things, to define a policy for
providing assistance and material and moral support for artists and
should ensure that public opinion is informed of the justification and
the need for such a policy. To that end, education should place due
emphasis on the encouragement of artistic awareness, so as to create a
public capable of appreciating the work of the artist. Without
prejudice to the rights that should be accorded to them under
copyright legislation, including resale rights (droit de suite)
when this is not part of copyright, and under neighbouring rights
legislation, artists should enjoy equitable conditions and their
profession should be given the public consideration that it merits.
Their conditions of work and of employment should be such as to
provide opportunities for artists who so wish to devote themselves
fully to their artistic activities.
6. Since freedom of
expression and communication is the essential prerequisite for all
artistic activities, Member States should see that artists are
unequivocally accorded the protection provided for in this respect by
international and national legislation concerning human rights.
7. In view of the role of
artistic activity and creativity in the cultural and overall
development of nations, Member States should create conditions
enabling artists fully to participate, either individually or through
their associations or trade unions, in the life of the communities in
which they practise their art. They should associate them in the
formulation of local and national cultural policies, thus stressing
their important contribution in their own society as well as towards
world progress in general.
8. Member States should
ensure that all individuals, irrespective of race, colour, sex,
language, religion, political or other opinion, national or social
origin, economic status or birth, have the same opportunities to
acquire and develop the skills necessary for the complete development
and exercise of their artistic talents, to obtain employment, and to
exercise their profession without discrimination
IV.
The vocation and training of the artist
1. Member States should
encourage, at school and from an early age, all measures tending to
strengthen respect for artistic creation and the discovery and
development of artistic vocations, and should bear in mind that, if it
is to be effective, the stimulation of artistic creativity calls for
provision of the necessary professional training of talent to produce
works of outstanding quality. For this purpose, Member States should:
(a) take the necessary
measures to provide an education designed to stimulate artistic
talent and vocation;
(b) take all appropriate
measures, in association with artists, to ensure that education
gives due prominence to the development of artistic sensitivity and
so contributes to the training of a public receptive to the
expression of art in all its forms;
(c) take all appropriate
measures, whenever possible, to institute or develop the teaching of
particular artistic disciplines;
(d) seek by means of
incentives, such as the granting of fellowships or paid educational
leave, to ensure that artists have the opportunity to bring their
knowledge up to date in their own disciplines or in related
specialities and fields, to improve their technical skills, to
establish contacts which will stimulate creativity, and to undergo
retraining so as to have access to and work in other branches of
art; for these purposes, Member States should see that appropriate
facilities are provided and that those already existing are, where
necessary, improved and developed;
(e) adopt and develop co-ordinated,
comprehensive vocational guidance and training policies and
programmes, taking into consideration the particular employment
situation of artists and enabling them to enter other sectors of
activity if necessary;
(f) stimulate artists'
participation in the restoration, conservation and use of the
cultural heritage in the widest sense of the term, and provide
artists with the means of transmitting to future generations the
knowledge and artistic skills which they possess;
(g) recognize the
importance in arts and craft training of the traditional ways of
transmitting knowledge and in particular of the
initiation practices of various communities, and take all
appropriate measures to protect and encourage them;
(h) recognize that art
education should not be separated from the practice of living art,
and see that such education is reoriented in such a way that
cultural establishments, theatres, art studios, radio and television
broadcasting organizations, etc., play an important part in this
type of training and apprenticeship;
(i) give particular
attention to the development of women’s creativity and the
encouragement of groups and organizations which seek to promote the
role of women in the various branches of artistic activity;
(j) recognize that
artistic life and the practice of the arts have an international
dimension and accordingly provide those engaged in artistic
activities with all the means and, in particular, travel and study
grants, likely to enable them to establish lively and far-reaching
contacts with other cultures;
(k) take all appropriate
steps to promote the free international movement of artists, and not
to hinder the freedom of artists to practise their art in the
country of their choice, while ensuring that these do not prejudice
the development of endogenous talents and the conditions of work and
employment of national artists ;
(l) give special
attention to the needs of traditional artists, in particular by
facilitating their travel inside and outside their own country to
serve the development of local traditions.
2. As far as possible and
without prejudice to the freedom and independence of both artists and
educators, Member States should undertake and support initiatives to
ensure that artists, during their training, are made aware of their
community's cultural identity, including traditional and folk
cultures, thereby contributing to the affirmation or revival of that
identity and those cultures.
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V.
Social status
Member States should
promote and protect the status of artists by considering artistic
activity, including innovation and research, as a service to, the
community. They should make it possible for them to enjoy the esteem
necessary for the full development of their work and provide the
economic safeguards to which artists are entitled as people actively
engaged in cultural work. Member States should:
1. Grant artists public
recognition in the form best suited to their respective cultural
environments and establish a system, where it does not already exist
or is inadequately designed, to give artists the prestige to which
they are entitled.
2. See that the artist
benefits from the rights and protection provided for in international
and national legislation relating to human rights.
3. Endeavour to take the
necessary steps to see that artists enjoy the same rights as are
conferred on a comparable group of the active population by
national and international legislation in respect of employment and
living and working conditions, and see that self-employed artists
enjoy, within reasonable limits, protection as regards income and
social security.
4. Recognize the importance
of international protection of the rights of artists under the terms
of existing conventions and in particular of the Bern
Convention for the Protection of Literary and Artistic Works, the
Universal Copyright Convention, and the Rome Convention for the
Protection of Performers, Producers of Phonograms and Broadcasting
Organizations, and take all necessary stops to extend the field of
application, scope and effectiveness of those instruments,
particularly—in the case of Member States which have not already done
so—by considering the possibility of adhering to them.
5. Recognize the right of
trade union and professional organizations of artists to represent and
defend the interests of their members and give them the
opportunity to advise the public authorities on suitable measures for
stimulating artistic activity and ensuring its protection and
development.
VI.
Employment, working and living conditions of the artist; professional
and trade union organizations
1. Being aware of the need
to improve the social recognition of artists by according them the
moral and material support required to remedy their difficulties,
Member States are invited to:
(a) consider measures for
supporting artists at the beginning of their careers, in particular
during the initial period when they are attempting to devote
themselves completely to their art;
(b) promote the
employment of artists in their own disciplines, particularly by
devoting a proportion of public expenditure to artistic works;
(c) promote artistic
activities within the context of development and stimulate public
and private demand for the fruits of artistic activity in order to
increase opportunities of paid work for artists, inter alia
by means of subsidies to art institutions, commissions to individual
artists, or the organization of artistic events at the local,
regional or national levels, and by establishing art fonds;
(d) identify remunerative
posts which could be given to artists without prejudice to their
creativity, vocation and freedom of expression and communication,
and in particular
(i) give artists
opportunities in the relevant categories of the educational and
social services systems at national and local levels and in
libraries, museums, academies and other public institutions;
(ii) increase the
participation of poets and writers in the overall effort towards
the translation of foreign literature;
(e) encourage the
development of the necessary facilities (museums, concert halls,
theatres and other forums) conducive to fostering the
dissemination of the arts and the meeting of artists with the
public;
(f) study the possibility
of establishing, within the framework of employment policies or
public employment services, effective machinery to assist artists to
find jobs and that of adhering to the Fee-Charging Employment
Agencies Convention: (revised) (No. 96) of the International Labour
Organisation, which is listed in the appendix to this
Recommendation.
2. Within the context of a
general policy to encourage artistic creativity, cultural development
and the promotion and improvement of conditions of employment, Member
States are invited, wherever possible, practical and in the interest
of the artist, to:
(a) encourage and
facilitate the application of the standards adopted for various
groups of the active population to artists, and ensure that they
enjoy all the rights accorded to the corresponding groups in respect
of working conditions;
(b) seek means of
extending to artists the legal protection concerning conditions of
work and employment defined by the standards of the International
Labour Organisation, in particular the standards relating to:
(i) hours of work,
weekly rest and paid leave in all fields of activities, more
particularly, in the case of performers, taking into consideration
the hours spent in travelling and rehearsal as well as those spent
in public performance or appearances;
(ii) protection of
life, health and the working environment;
{c) take into
consideration the particular problems of artists, in respect of the
premises where they work, while at the same time ensuring the
preservation of the architectural heritage and the environment and
upholding regulations pertaining to safety and health, when
administering regulations relative to the alteration of artists`
premises where this is in the interests of artistic activity;
(d) make provision when
necessary for appropriate forms of compensation for artists,
preferably in consultation with organizations representing artists
and their employers, when, for reasons connected with the nature of
the artistic activity undertaken or the artists' employment status,
the standards relating to the matters referred to in paragraph
2(b)(i) of this section cannot be observed;
(e) recognize that
profit-sharing systems, in the form of deferred salaries or shares
in the profits of production, may prejudice artists' rights
vis-à-vis their real incomes and social security entitlement and
take appropriate measures in such cases to preserve these rights.
3. With the object of
giving specific consideration to the child artist, Member States are
invited to take account of the provisions of the United Nations
Declaration of the Rights of the Child.
4. Recognizing the part
played by professional and trade union organizations in the protection
of employment and working conditions, Member States are invited to
take appropriate steps to:
(a) observe and secure
observance of the standards relating to freedom of association, to
the right to organize and to collective bargaining, set forth in the
international labour conventions listed in the appendix to this
Recommendation and ensure that these standards and the general
principles on which they are founded may apply to artists;
(b) encourage the free
establishment of such organizations in disciplines where they do not
yet exist;
(c) provide opportunities
for all such organizations, national or international, without
prejudice to the right of freedom of association, to carry out their
role to the full.
5. Member States are
invited to endeavour within their respective cultural environments to
provide the same social protection for employed and self-employed
artists as that usually granted respectively to other employed and
self-employed groups. Provision should likewise be made for measures
to extend appropriate social protection to dependent members of the
family. The social security system which Member States may find it
well to adopt, improve or supplement should take into consideration
the special features of artistic activity, characterized by the
intermittent nature of employment and the sharp variations in the
incomes of many artists without, however, this entailing a limitation
of the artist's freedom to create, publish and disseminate his work.
In this context, Member States are invited to consider the adoption of
special means of financing social security for artists, for example by
resorting to new forms of financial participation either by the public
authorities or by the business undertakings which market or which use
the services or works of artists.
6. Recognizing in general
that national and international legislation concerning the status of
artists is lagging behind the general advances in technology, the
development of the media of mass communication, the means of
mechanical reproduction of works of art and of performances, the
education of the public, and the decisive part played by the cultural
industries, Member States are invited to take, wherever necessary,
appropriate measures to:
(a) ensure that the
artist is remunerated for the distribution and commercial
exploitation of his work, and provide for the artist to maintain
control of his work against unauthorized exploitation, modification
or distribution;
(b) provide, to the
extent possible, for a system guaranteeing the exclusive moral and
material rights of artists in respect of any prejudice connected
with the technical development of new communication and reproduction
media, and of cultural industries; this means, in particular,
establishing rights for performers, including circus and variety
artists, and puppeteers; in doing so, it would be appropriate to
take account of the provisions of the Rome Convention and, with
reference to problems arising from the introduction of cable
diffusion and videograms, of the Recommendation adopted by the
Intergovernmental Committee of the Rome Convention in 1979;
(c) compensate any
prejudice artists might suffer in consequence of the technical
development of new communication and reproduction media and of
cultural industries by favouring, for example, publicity for and
dissemination of their works, and the creation of posts;
(d) ensure that cultural
industries benefiting from technological changes, including radio
and television organizations and mechanical reproduction
undertakings, play their part in the effort to encourage and
stimulate artistic creation, for instance by providing new
employment opportunities, by publicity, by the dissemination of
works, payment of royalties or by any other means judged equitable
for artists;
(e) assist artists and
organizations of artists remedy when they exist, the prejudicial
effects on their employment or work opportunities of new
technologies.
7. (a) Convinced of the
uncertainty of artists' incomes and their sudden fluctuations, of the
special features of artistic activity and of the fact that many
artistic callings can be followed only for a relatively short period
of life, Member States are invited to make provision for pension
rights for certain categories of artists according to length of career
and not the attainment of a certain age and to take into account in
their taxation system the particular conditions of artists' work and
activity;
(b) in order to preserve
the health and prolong the professional activity of certain
categories of artists (for example ballet dancers, dancers,
vocalists) Member States are invited to provide them with adequate
medical care not only in the event of incapacity for work but also
for the purpose of preventing illness, and to consider the
possibility of research into the health problems peculiar to
artistic professions;
(c) taking into account
the fact that a work of art should be considered neither as a
consumer good nor as an investment, Member States are invited to
consider the possibility of alleviating indirect taxation on
works of art and on artistic performances at the time of their
creation, dissemination or first sale, and this in the interest of
artists or of development of the arts.
8. In view of the growing
importance of international exchanges of works of art, and contacts
between artists, and the need to encourage them, Member States
separately or collectively, without prejudice to the development of
national cultures, are invited to:
(a) assist free
circulation of such work by, inter alia, flexible customs
arrangements and concessions in relation to import duties,
particularly as regards temporary importation;
(b) take measures to
encourage international travel and exchange by artists, giving due
attention to visiting national artists.
VI.
Employment, working and living conditions of the artist;
professional and trade union organizations
1. Being aware of the
need to improve the social recognition of artists by according them
the moral and material support required to remedy their
difficulties, Member States are invited to:
(a) consider measures
for supporting artists at the beginning of their careers, in
particular during the initial period when they are attempting to
devote themselves completely to their art;
(b) promote the
employment of artists in their own disciplines, particularly by
devoting a proportion of public expenditure to artistic works;
(c) promote artistic
activities within the context of development and stimulate public
and private demand for the fruits of artistic activity in order to
increase opportunities of paid work for artists, inter alia
by means of subsidies to art institutions, commissions to
individual artists, or the organization of artistic events at the
local, regional or national levels, and by establishing art fonds;
(d) identify
remunerative posts which could be given to artists without
prejudice to their creativity, vocation and freedom of expression
and communication, and in particular
(i) give artists
opportunities in the relevant categories of the educational and
social services systems at national and local levels and in
libraries, museums, academies and other public institutions;
(ii) increase the
participation of poets and writers in the overall effort towards
the translation of foreign literature;
(e) encourage the
development of the necessary facilities (museums, concert halls,
theatres and other forums) conducive to fostering the
dissemination of the arts and the meeting of artists with the
public;
(f) study the
possibility of establishing, within the framework of employment
policies or public employment services, effective machinery to
assist artists to find jobs and that of adhering to the
Fee-Charging Employment Agencies Convention: (revised) (No. 96) of
the International Labour Organisation, which is listed in the
appendix to this Recommendation.
2. Within the context of
a general policy to encourage artistic creativity, cultural
development and the promotion and improvement of conditions of
employment, Member States are invited, wherever possible, practical
and in the interest of the artist, to:
(a) encourage and
facilitate the application of the standards adopted for various
groups of the active population to artists, and ensure that they
enjoy all the rights accorded to the corresponding groups in
respect of working conditions;
(b) seek means of
extending to artists the legal protection concerning conditions of
work and employment defined by the standards of the International
Labour Organisation, in particular the standards relating to:
(i) hours of work,
weekly rest and paid leave in all fields of activities, more
particularly, in the case of performers, taking into
consideration the hours spent in travelling and rehearsal as
well as those spent in public performance or appearances;
(ii) protection of
life, health and the working environment;
{c) take into
consideration the particular problems of artists, in respect of
the premises where they work, while at the same time ensuring the
preservation of the architectural heritage and the environment and
upholding regulations pertaining to safety and health, when
administering regulations relative to the alteration of artists`
premises where this is in the interests of artistic activity;
(d) make provision when
necessary for appropriate forms of compensation for artists,
preferably in consultation with organizations representing artists
and their employers, when, for reasons connected with the nature
of the artistic activity undertaken or the artists' employment
status, the standards relating to the matters referred to in
paragraph 2(b)(i) of this section cannot be observed;
(e) recognize that
profit-sharing systems, in the form of deferred salaries or shares
in the profits of production, may prejudice artists' rights
vis-à-vis their real incomes and social security entitlement
and take appropriate measures in such cases to preserve these
rights.
3. With the object of
giving specific consideration to the child artist, Member States are
invited to take account of the provisions of the United Nations
Declaration of the Rights of the Child.
4. Recognizing the part
played by professional and trade union organizations in the
protection of employment and working conditions, Member States are
invited to take appropriate steps to:
(a) observe and secure
observance of the standards relating to freedom of association, to
the right to organize and to collective bargaining, set forth in
the international labour conventions listed in the appendix to
this Recommendation and ensure that these standards and the
general principles on which they are founded may apply to artists;
(b) encourage the free
establishment of such organizations in disciplines where they do
not yet exist;
(c) provide
opportunities for all such organizations, national or
international, without prejudice to the right of freedom of
association, to carry out their role to the full.
5. Member States are
invited to endeavour within their respective cultural environments
to provide the same social protection for employed and self-employed
artists as that usually granted respectively to other employed and
self-employed groups. Provision should likewise be made for measures
to extend appropriate social protection to dependent members of the
family. The social security system which Member States may find it
well to adopt, improve or supplement should take into consideration
the special features of artistic activity, characterized by the
intermittent nature of employment and the sharp variations in the
incomes of many artists without, however, this entailing a
limitation of the artist's freedom to create, publish and
disseminate his work. In this context, Member States are invited to
consider the adoption of special means of financing social security
for artists, for example by resorting to new forms of financial
participation either by the public authorities or by the business
undertakings which market or which use the services or works of
artists.
6. Recognizing in general
that national and international legislation concerning the status of
artists is lagging behind the general advances in technology, the
development of the media of mass communication, the means of
mechanical reproduction of works of art and of performances, the
education of the public, and the decisive part played by the
cultural industries, Member States are invited to take, wherever
necessary, appropriate measures to:
(a) ensure that the
artist is remunerated for the distribution and commercial
exploitation of his work, and provide for the artist to maintain
control of his work against unauthorized exploitation,
modification or distribution;
(b) provide, to the
extent possible, for a system guaranteeing the exclusive moral and
material rights of artists in respect of any prejudice connected
with the technical development of new communication and
reproduction media, and of cultural industries; this means, in
particular, establishing rights for performers, including circus
and variety artists, and puppeteers; in doing so, it would be
appropriate to take account of the provisions of the Rome
Convention and, with reference to problems arising from the
introduction of cable diffusion and videograms, of the
Recommendation adopted by the Intergovernmental Committee of the
Rome Convention in 1979;
(c) compensate any
prejudice artists might suffer in consequence of the technical
development of new communication and reproduction media and of
cultural industries by favouring, for example, publicity for and
dissemination of their works, and the creation of posts;
(d) ensure that
cultural industries benefiting from technological changes,
including radio and television organizations and mechanical
reproduction undertakings, play their part in the effort to
encourage and stimulate artistic creation, for instance by
providing new employment opportunities, by publicity, by the
dissemination of works, payment of royalties or by any other means
judged equitable for artists;
(e) assist artists and
organizations of artists remedy when they exist, the prejudicial
effects on their employment or work opportunities of new
technologies.
7. (a) Convinced of the
uncertainty of artists' incomes and their sudden fluctuations, of
the special features of artistic activity and of the fact
that many artistic callings can be followed only for a relatively
short period of life, Member States are invited to make provision
for pension rights for certain categories of artists according to
length of career and not the attainment of a certain age and to take
into account in their taxation system the particular conditions of
artists' work and activity;
(b) in order to
preserve the health and prolong the professional activity of
certain categories of artists (for example ballet dancers,
dancers, vocalists) Member States are invited to provide them with
adequate medical care not only in the event of incapacity for work
but also for the purpose of preventing illness, and to consider
the possibility of research into the health problems peculiar to
artistic professions;
(c) taking into account
the fact that a work of art should be considered neither as a
consumer good nor as an investment, Member States are invited to
consider the possibility of alleviating indirect taxation
on works of art and on artistic performances at the time of their
creation, dissemination or first sale, and this in the interest of
artists or of development of the arts.
8. In view of the growing
importance of international exchanges of works of art, and contacts
between artists, and the need to encourage them, Member States
separately or collectively, without prejudice to the development of
national cultures, are invited to:
(a) assist free
circulation of such work by, inter alia, flexible customs
arrangements and concessions in relation to import duties,
particularly as regards temporary importation;
(b) take measures to
encourage international travel and exchange by artists, giving due
attention to visiting national artists.
Annex
A. Universal
Declaration of Human Rights
Article 22
Everyone, as a member
of society, has the right to social security and is entitled to
realization, through national effort and international
co-operation and in accordance with the organisation and resources
of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his
personality.
Article 23
(1) Everyone has the
right to work, to free choice of employment, to just and
favourable conditions of work and to protection against
unemployment.
(2) Everyone, without
any discrimination, has the right to equal pay for equal work.
(3) Everyone who works
has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social protection.
(4) Everyone has the
right to form and to join trade unions for the protection of his
interests.
Article 24
Everyone has the right
to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
Article 25
(1) Everyone has the
right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing,
housing and medical care and necessary social services, and the
right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control.
(2) Motherhood and
childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same
social protection.
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.
Article 28
Everyone is entitled to
a social and international order in which the rights and freedoms
set forth in this Declaration can be fully realized.
B. International
Covenant on Economic, Social and Cultural Rights
Article 6
(1) The States Parties
to the present Covenant recognize the right to work, which
includes the right of everyone to the opportunity to gain his
living by work which he freely chooses or accepts, and will take
appropriate steps to safeguard this right.
(2) The steps to be
taken by a State Party to the present Covenant to achieve the full
realization of this right shall include technical and vocational
guidance and training programmes' policies and techniques to
achieve steady economic, social and cultural development and full
and productive employment under conditions safeguarding
fundamental political and economic freedoms to the individual.
Article 15
(1) The States Parties
to the present Covenant recognize the right of everyone:
(a) To take part in
cultural life;
(b) To enjoy the
benefits of scientific progress and its applications;
(c) To benefit from the
protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the
author.
(2) The steps to be
taken by the States Parties to the present Covenant to achieve the
full realization of this right shall include those necessary for
the conservation, the development and the diffusion of science and
culture.
(3) The States Parties
to the present Covenant undertake to respect the freedom
indispensable for scientific research and creative activity.
(4) The States Parties
to the present Covenant recognize the benefits to be derived from
the encouragement and development of international contacts and
co-operation in the scientific and cultural fields.
C. Declaration of the
Principles of International Cultural Co-operation
Article III
International cultural
co-operation shall cover all aspects of intellectual and creative
activities relating to education, science and culture.
Article lV
The aims of
international cultural co-operation in its various forms,
bilateral or multilateral, regional or universal, shall be:
1. To spread knowledge,
to stimulate talent and to enrich cultures;
2. To develop peaceful
relations and friendship among the peoples and bring about a
better understanding of each other's way of life;
3. To contribute to the
application of the principles set out in the United Nations
Declarations that are recalled in the Preamble to this Declaration
;
4. To enable everyone
to have access to knowledge, to enjoy the arts and literature of
all peoples, to share in advances made in science in all parts of
the world and in the resulting benefits, and to contribute to the
enrichment of cultural life;
5. To raise the level
of the spiritual and material life of man in all parts of the
world.
Appendix. International
instruments and other texts concerning workers in general or
artists in particular
A.
Recommendation on Participation by
the People at Large in Cultural Life and their Contribution to It,
adopted by the General Conference at its nineteenth session
(Nairobi, 26 November 1976)
B.
United Nations International Covenant on Civil and Political
Rights (United Nations, New York, 16 December 1966)
C.
United Nations Declaration of the Rights of the Child
(United Nations, New York, 20 November 1959)
D.
Conventions and Recommendations adopted by the International
Labour Conference of the International Labour Organisation
1. Instruments
applicable to all workers, including artists:
Freedom of Association
and Protection of the Right to Organize Convention (No. 87), 1948;
Right to Organize and Collective Bargaining Convention (No. 98),
1949;
Discrimination
(Employment and Occupation) Convention (No. 111), 1958.
2. Instruments on
social security with a general application but allowing States to
limit their scope of application:
Social Security
(Minimum Standards) Convention (No. 102), 1952;
Maternity Protection Convention (Revised) (No. 103), 1952;
Equality of Treatment (Social Security) Convention (No. 118),
1962;
Employment Injury Benefits Convention (No. 121), 1964;
Invalidity, Old-Age and Survivors' Benefits Convention (No. 128),
1967;
Medical Care and Sickness Benefits Convention (No. 130), 1969.,
3. Instruments
applicable to employed workers in general, or to certain sectors
or categories of workers, and applicable in principle to employed
artists (subject in certain cases to a limitation of the scope of
the Convention by a State at the time of ratification):
(a) Employment and
human resources development: Employment Service Convention (No.
88), 1948; Employment Service Recommendation (No. 83), 1948;
Fee-Charging Employment Agencies Convention (Revised) (No. 96),
1949; Employment Policy Convention (No. 122), 1964; Employment
Policy Recommendation (No. 122), 1964; Human Resources
Development Convention (No. 142), 1975; Human Resources
Development Recommendation (No. 150), 1975.
(b) Industrial
relations: Collective Agreements Recommendation (No. 91), 1951;
Voluntary Conciliation and Arbitration Recommendation (No. 92),
1951; Co-operation at the Level of the Undertaking
Recommendation (No. 94), 1952; Consultation (Industrial and
National Levels) Recommendation (No. 113), 1960; Communications
within the Undertaking Recommendation (No. 129), 1967;
Examination of Grievances Recommendation (No. 130), 1967.
(c) Conditions of
work: Protection of Wages Convention (No. 95), 1949; Equal
Remuneration Convention (No. 100), 1951; Equal Remuneration
Recommendation (No. 90), 1951; Termination of Employment
Recommendation (No. 119), 1963; Reduction of Hours of Work
Recommendation (No. 116), 1962; Weekly Rest (Commerce and
Offices) Convention (No. 106), 1957; Holidays with Pay
Convention (Revised) (No. 132), 1970; Paid Educational Leave
Convention (No. 140), 1974; Paid Educational Leave
Recommendation (No. 148), 1974; Medical Examination of Young
Persons (Non-Industrial Occupations) Convention (No. 78), 1946;
Medical Examination of Young Persons Recommendation (No. 79),
1946; Night Work of Young Persons (Non-Industrial Occupations)
Convention (No. 79), 1946; Night Work of Young Persons
(Non-Industrial Occupations) Recommendation (No. 80), 1946;
Labour Inspection Convention (No. 81), 1947; Labour Inspection
Recommendation (No. 81), 1947; Protection of Workers' Health
Recommendation (No.97), 1953; Occupational Health Services
Recommendation (No. 112), 1959; Hygiene (Commerce and Offices)
Convention (No. 120), 1964; Occupational Cancer Convention (No.
139), 1974; Occupational Cancer Recommendation (No. 147), 1974;
Working Environment (Air Pollution, Noise and Vibration)
Convention (No. 148), 1977; Working Environment (Air Pollution,
Noise and Vibration) Recommendation (No. 156), 1977; Minimum Age
Convention (No. 138), 1973
(d) Migrant workers:
Migration for Employment Convention (Revised) (No. 97), 1949;
Migration for Employment Recommendation (No. 86), 1949; Migrant
Workers (Supplementary Provisions) Convention (No. 143) l975;
Migrant Workers Recommendation (No. 151), 1975.
E. international Labour
Organisation/United Nations Educational, Scientific and Cultural
Organization/ F. World Intellectual Property Organization
The International
Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations (1961).
The Model Law on the
Protection of Performers, Producers of Phonograms and Broadcasting
Organizations (1974).
Recommendation
concerning the Protection of Performers Producers of Phonograms
and Broadcasting adopted by the Intergovernmental Committee of the
Rome Convention at its seventh session (1979)
F. Copyright
Conventions administered by the United Nations Educational,
Scientific and Cultural Organization and the World Intellectual
Property Organization
Universal Copyright
Convention (United Nations Educational, Scientific and Cultural
Organization) (1952, revised in 1971).
Bern Convention for the
Protection of Literary and Artistic Works (World Intellectual
Property Organization) (1971).
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