Visual Artists Ireland publishes The Visual Artists Bill of Rights

In 2012, VAI published and circulated the Visual Artists Charter. The project sought to address the professional relationship between artists and those that they work with. The Artists Charter was in the form of a code of practice, commonly agreed upon, which adopted principles of good practice and demonstrated why and how they should be applied. The core aim of the project was to provide a set of practical and ethical guidelines for the conduct of business between visual artists and organisations.

There has been much change since 2012, and a series of Advocacy campaigns have successfully changed the environment within which artists live and work. For this reason, VAI today published The Visual Artists Bill of Rights. This clearly and unambiguously establishes fundamental protections, entitlements, and standards for artists working within Ireland and the European Union. This document enshrines the principles of fair pay, intellectual property rights, social protections, artistic freedom, workplace safety, and equitable access to opportunities. It aligns with EU Directives, Irish legislation, and Arts Council policies to ensure that artists are recognised as essential contributors to society and the economy.

The full text
* Asterisks indicate further clarifications below in additional notes

The Visual Artists Bill of Rights

1. Right to Fair Pay and Working Conditions *

Fair and Equitable Pay: Artists are entitled to fair compensation for their work. The EU Directive on Adequate Minimum Wages establishes a framework to improve the adequacy of minimum wages and promotes collective bargaining. employment-social-affairs.ec.europa.eu
Transparent Contracts: Artists should receive clear contracts outlining fees, deadlines, and conditions. The Copyright and Related Rights Act, 2000 in Ireland emphasizes the importance of clear agreements regarding the use and remuneration of artistic works. irishstatutebook.ie

2. Right to Social Protection and Support **

Social Welfare Protections: Artists should have access to social welfare benefits, including unemployment benefits, pensions, and sick pay, as supported by the EU Framework for Working Conditions.
Public Funding and Grants: Artists have the right to equal access to public funding and grants, with transparent criteria for application and selection, as outlined by the Arts Council of Ireland, Local Authorities, and other State Agencies funding the Arts.

3. Right to Intellectual Property and Copyright Protection

Ownership of Copyright: Under the Irish Copyright and Related Rights Act, 2000, artists own the copyright of their work. Section 17 states: “Copyright shall subsist… in original literary, dramatic, musical or artistic works.” irishstatutebook.ie
Equitable Remuneration: Artists have the right to fair compensation when their work is used, shared, or reproduced. The Act provides for rights related to reproduction and distribution.
Right of Attribution (Paternity Right): This right ensures that artists are recognized as the authors of their works. Section 107 of the Irish Copyright and Related Rights Act, 2000 states:

“The author of a work shall have the right to be identified as the author.” irishstatutebook.ie
Right of Integrity: This right allows artists to object to any derogatory treatment of their work that could harm their honor or reputation. Section 109 of the Act provides:

“The author of a work shall have the right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the work which would prejudice his or her reputation.” irishstatutebook.ie

4. Right to Freedom of Expression and Artistic Integrity ***

Freedom from Censorship: Artists have the right to create without censorship, in line with Article 11 of the EU Charter of Fundamental Rights, which guarantees freedom of expression.
Protection of Artistic Expression: The Arts Council of Ireland supports artistic freedom and integrity, ensuring artists can express themselves without undue interference.

5. Right to Safe and Inclusive Workspaces ****

Protection from Discrimination: Under the Irish Employment Equality Acts (1998-2015), artists are protected from harassment, discrimination, and exploitation.
Safe Working Environment: Artists have the right to a safe and healthy work environment, with adequate safety measures in place, as mandated by Irish health and safety legislation.

6. Right to Access Public Funding and Opportunities

Equal Access to Funding: The Arts Council of Ireland ensures equal and non-discriminatory access to grants, bursaries, and residency programs for artists.
Transparency in Funding: The Council is committed to transparency in funding allocations, providing clear criteria and processes.

7. Right to Recognition and Representation *****

Right to Engage: Artists have the right to engage in collective bargaining, as protected under EU labour laws.
Inclusion in Policy-Making: Artists should be included in policy-making processes affecting the arts sector at national and EU levels.

8. Right to Mobility and Cross-Border Work

Free Movement: Artists have the right to free movement within the EU, including access to visas, residency permits, and tax agreements that support international collaboration.
Recognition of Qualifications: Artistic qualifications should be recognized across EU member states, facilitating cross-border work.

9. Right to Digital and AI Protections

Protection Against Unauthorized Use: Artists are protected against unauthorized use of their work by AI and are entitled to fair compensation for digital reproductions, under the EU Directive on Copyright in the Digital Single Market.
Transparency in AI Use: There should be transparency in the use of AI-generated content, with safeguards against misuse, as outlined in EU ethical guidelines.

Clarifications

This Artists’ Bill of Rights reflects core principles from EU and Irish law, ensuring fair treatment, economic security, and creative freedom for artists.

* In addition to the EU Directive on Adequate Minimum Wages, the Arts Council of Ireland has established a comprehensive policy titled “Paying the Artist”, which underscores the importance of fair and equitable remuneration for artists. This policy mandates that arts organizations provide clear statements on fair pay and transparently identify payments to artists within their budgets. The Arts Council emphasizes that the underpaid or unpaid contributions of artists represent a hidden subsidy to the cultural life of Ireland, recognizing this as unfair and unsustainable. artscouncil.ie

Furthermore, Visual Artists Ireland (VAI) has been a staunch advocate for fair pay and equitable treatment of artists. Through initiatives like the 2011 – 2013 “Ask! Has the Artist Been Paid?” campaign, VAI has actively engaged with policymakers to develop and promote guidelines and policies that support fair payment for visual artists. This advocacy has led to significant policy changes, including the Arts Council’s requirement for funded organizations to remunerate artists appropriately. visualartists.ie

These concerted efforts by both the Arts Council and Visual Artists Ireland aim to create an environment where artists can pursue sustainable careers, ensuring that their contributions are valued and fairly compensated.

** In addition to the EU Framework for Working Conditions, the Right to Social Protection and Support for artists in Ireland is reinforced by initiatives led by Visual Artists Ireland (VAI). VAI has been instrumental in advocating for artists’ access to social welfare benefits, particularly the Jobseeker’s Allowance.

In collaboration with the Department of Social Protection and the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs, VAI contributed to the development of a pilot scheme launched in 2017. This initiative was designed to make it easier for professional artists to access Jobseeker’s Allowance during periods of low income. Under this scheme, eligible self-employed artists can receive Jobseeker’s Allowance while focusing on their artistic work and developing their portfolio for the first year they are out of work. This approach acknowledges the unique employment patterns of artists and provides them with a safety net during times of financial instability. creativeireland.gov.ie

To qualify for this scheme, artists must be members of a recognized professional body, such as VAI, and meet specific criteria, including:

Being unemployed and capable of work.
Being available for full-time work and genuinely seeking work.
Satisfying a means test and the habitual residence condition.
Providing a certificate or declaration from a professional body confirming their status as a professional artist.
Being registered as self-employed.

Additionally, at least 50% of the artist’s income in the previous year should be derived from their work as a professional artist. gov.ie

This scheme represents a significant advancement in recognizing the professional status of artists within the social welfare system, ensuring they have access to necessary supports during periods of financial need.

*** Definition of Freedom of Expression

Freedom of expression is the right to seek, receive, and impart information, opinions, and ideas without interference or censorship, regardless of the medium used.

Legal Basis:

Article 10 of the European Convention on Human Rights (ECHR):

“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”
(Source: European Court of Human Rights)
Article 11 of the EU Charter of Fundamental Rights:

“The freedom and pluralism of the media shall be respected.”
(Source: EU Charter of Fundamental Rights)
Irish Constitution (Article 40.6.1.i):

“The State guarantees liberty for the exercise of the right of citizens to express freely their convictions and opinions.”
(Source: Irish Statute Book)

Scope of Freedom of Expression:

Covers speech, art, writing, and digital communication.
Protects both popular and controversial viewpoints.
Encompasses artistic and journalistic expression.
Allows limitations only when necessary (e.g., hate speech, defamation, or threats to public order).

It is important to recognise when freedom of expression is legally infringed and when it is not.

1. Notable Case Law Examples

European Court of Human Rights (ECtHR):

Murphy v. Ireland (2003): The ECtHR upheld a blanket ban on religious advertising in Ireland, ruling that it did not violate Article 10 of the European Convention on Human Rights. The Court recognized the state’s margin of appreciation in balancing freedom of expression with the protection of public order and the rights of others. hudoc.echr.coe.int

Irish Case Law:

Cogley v. RTÉ (2005): The Irish High Court emphasized the importance of freedom of expression in the context of broadcasting, stating that any restrictions must be justified by a pressing social need and be proportionate to the legitimate aim pursued.

2. Limitations and Justifications

While freedom of expression is a fundamental right, it is not absolute. Both European and Irish laws recognize certain limitations:

Public Order and Morality: Expressions that incite violence, hatred, or are deemed obscene can be restricted to maintain public order and decency.
Protection of Reputation: Defamation laws in Ireland, such as the Defamation Act 2009, balance freedom of expression with the right to protect one’s good name. The Act expanded the defense for fair and reasonable publication on matters of public interest. legalblog.ie
National Security: Expressions that threaten national security may be curtailed. For instance, the prohibition of publications inciting terrorism is a recognized limitation.

These restrictions must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society.

3. Protections for Artistic Expression

Artistic expression is a vital component of freedom of expression, encompassing various forms such as visual arts, literature, music, and performance.

European Context: The ECtHR has acknowledged that artistic expression warrants a high level of protection, given its role in promoting cultural diversity and societal debate.
Irish Context: The Irish Constitution protects artistic expression under Article 40.6.1.i. Additionally, organizations like the Irish Council for Civil Liberties advocate for the removal of restrictions, such as the constitutional offense of blasphemy, viewing them as unwarranted limitations on freedom of expression. iccl.ie

It’s important to note that while artistic expression enjoys robust protection, it is subject to the same limitations as other forms of expression, especially concerning hate speech, defamation, and public morality.

These facets illustrate the nuanced balance between safeguarding freedom of expression and recognizing the necessity of certain limitations within European and Irish legal frameworks.

**** In addition to the protections provided under the Irish Employment Equality Acts (1998-2015), artists in Ireland benefit from initiatives aimed at fostering safe and supportive working environments:

Safe to Create: This is a Dignity at Work programme designed to transform workplace culture within the Irish arts and creative sectors. It offers resources, training, and support to prevent harmful behaviors and promote respectful working conditions. Key components include:

Training Programs: Courses on topics such as addressing unconscious bias, tackling bullying and harassment, and active bystander intervention. These are tailored specifically for the arts and creative sectors. screenireland.ie
Support Services: Access to counseling, legal advice, and a 24/7 helpline for individuals affected by workplace issues. safetocreate.ie
Resources: Guidance on rights and responsibilities, toolkits, and templates to assist organizations and individuals in creating safer workplaces.

Minding Creative Minds: This organization offers a free 24/7 well-being and support program for those working in Ireland’s creative sector. Services include:

Counseling: Confidential support for mental health and well-being.
Legal Assistance: Consultations for queries or advice related to legal matters unique to the entertainment sector.
Career Guidance: Mentorship programs, peer support groups, and one-on-one advisory sessions to assist with professional development. mindingcreativeminds.ie

These initiatives complement existing legislation, ensuring that artists have access to safe, healthy, and supportive working environments.

***** VAI’s Role in Collective Bargaining Advocacy

Promotion of Fair Pay Standards
- VAI developed and promotes the Payment Guidelines for Visual Artists, a critical resource for artists negotiating fair compensation.
- Their campaign “Ask! Has the Artist Been Paid?” pushed for transparency in remuneration for artists engaging with publicly funded projects.
- They advocate for binding agreements on artist pay when working with cultural institutions and galleries.
Engagement with Government & Policy Makers
- VAI works closely with the Arts Council of Ireland and the Department of Culture, Heritage, and the Gaeltacht to improve conditions for visual artists.
- Their advocacy contributed to the Basic Income for the Arts pilot scheme, which provides financial support to artists.
- They have consistently called for formal recognition of artists as workers, ensuring that self-employed artists have better social protections.
Support for Collective Representation
- VAI supports artists in contract negotiations and signposts to professional independent advice in dispute resolution.
- They encourage artists to assert their rights in dealings with employers, commissioners, and funding bodies.
- VAI aligns itself with international organizations advocating for artists’ labor rights.

Why Collective Bargaining for Artists Matters

Unlike traditional employees, most artists work on a freelance or contract basis, meaning they lack the protections of collective bargaining agreements that workers in other industries enjoy. VAI’s advocacy efforts seek to:

Ensure fair minimum fees for artistic work.
Secure better legal protections against unfair treatment.
Promote social welfare access for artists (e.g., Jobseeker’s Allowance for artists).
Encourage equal pay and transparency in cultural sector funding.