Give artists better social security, say MEPs sowing seed for EU legal framework

A framework of laws for European artists and creative professionals may be in the offing if a vote by MEPs goes as planned.

The body of laws will address atypical working patterns and irregular income in the cultural and creative sectors (CCS), which often lead to problems such as weak social protection, lack of decent working conditions and fewer possibilities for social bargaining, leaving such professionals vulnerable to abusive subcontracting, bogus self-employment, underpaid or unpaid work and coercive buy-out contracts.

New digital technologies, such as generative AI, have also created challenges for CCS professionals.

And the work of such professionals is also characterised by high cross-border mobility, but then there is no easy portability of their social security entitlements. The gaps between national social systems, national definitions of artists and other rules create unfair conditions.

A new report now calls for the creation of a legal EU framework to improve the social and professional conditions in the CCS. MEPs in the Culture committee of the EP adopted to by 43 votes to five and three abstentions, calling for legislative tools to address the precarious working conditions and uncertain legal status for artists.

This framework would include a directive on decent working conditions for CCS professionals and the correct determination of their employment status; a European platform to improve the exchange of best practice and mutual understanding among member states to improve working and social security conditions with the involvement of social partners; and adapting EU programmes that fund artists, such as Creative Europe, to include social conditionality to contribute to the compliance with EU, national or collective labour and social obligations.

“The level of precariousness in the sector has been dire for years, but the COVID-19 crisis has shown that the situation for CCS professionals is simply unsustainable,” said Spanish MEP Domeneic Ruiz Devesa (S&D). “It is our responsibility to give meaningful solutions to professionals that endure a lot, yet they give us everything, a sector that we must nurture, because without culture, our union lacks a soul.”

“I have worked as an artist for years and I am very aware of the challenges and benefits that brings with it,” Dutch co-rapporteur Antonius Manders (EPP) said. “The cultural and creative sectors are crucial for creating European solidarity and identity, and we need to invest in new European competitions to bring EU culture closer to its citizens. Money for cultural and creative work is an investment, not a cost.”

The Parliament will vote on this legislative initiative in November plenary session in Strasbourg. The Commission will then have three months to reply by either informing the EP on steps it plans to take or giving reasons for any refusal to propose a legislative initiative along the lines of EP’s request.

The European Parliament has been calling for the creation of a common definition and minimum social standards for artists and cultural workers since 2021.

The European Parliament has a right of legislative initiative that allows it to ask the Commission to submit a proposal.

In 2021, the EP called on the Commission to propose a “European Status of the Artist”, setting out a common framework for working conditions and minimum standards for all EU countries, by ensuring freelancers and the self-employed, including artists and cultural workers, have access to collective bargaining.

Due to the pandemic of 2020, both artists and audiences were becoming more dependent on digital streaming platforms, which imposed “buy-out clauses” on authors, purchasing full copyright from them in exchange for a one-off payment, depriving them of being paid every time their work is played.

In 2020, the cultural and creative sector in the EU experienced losses in turnover of over 30%, a cumulative loss of EUR 199 billion – with the music and performing arts sectors experiencing losses of 75% and 90% respectively.