In the life of an artist there are many moments of uncertainty and expectation; it is rare to expect that systematicity, consistency and talent, although essential, will be the only components of professional success. Much depends on the work undertaken, which is often commissioned without a properly structured contract. The next issues are the artistic environment, promotion and happiness. It can be concluded that artistic professions are not the only ones in which fate is uncertain, however, in this industry we are more likely to encounter poor working conditions and significant hierarchies.
The group of artistic professions are diverse professions: we also include literary translators, film editors or interior architects. A significant problem in Poland is the instability of employment in artistic professions, concluding contracts for a work or work without concluding any contract.
According to the Professional Artist portal:
60% of artists are in a difficult situation (earnings below the national average) and 30% in a very difficult situation (earnings below the minimum wage, with the need to pay social and health insurance contributions themselves). Only less than 7% of artists can be classified as relatively wealthy people. In addition, the majority of creators, as many as 54%, work under a work contract, 30% work without any contract, and only about 14% can count on an employment contract for an indefinite period.
These changes should include leveling the disparities in access to social benefits, which the government has taken into account when speaking to the cultural community and commissioning a study of the world of artists Counted and Counted 2024, which was carried out on behalf of the Ministry by the Centre for Research on the Creative Economy of the SWPS University.
Legislative changes
The draft law on Professional Artists was adopted on November 27, 2023, while Prime Minister Morawiecki was still at the head of the government of the Republic of Poland. The new regulations were to define the profession of an artist, its relevant categories and activities, as well as to entitle artists to practice the profession. They were intended to enable artists to be included in the universal pension, pension and health insurance system, while providing a support mechanism for the payment of contributions. Along with this law, the Polish Chamber of Artists was also to be established, which would consider matters related, among others, to the confirmation or updating of the rights of a professional artist.
However, the project was withdrawn in March of this year for a number of reasons. The artistic environment did not agree on the content of the project, and doubts were raised, among other things, by unfair criteria for granting the so-called Artist's Charter, excessive bureaucracy limiting creative independence and financing of support funds. In response, the government decided to withdraw the project to the public consultation stage. Until May 15, 2024, a survey was conducted, the purpose of which was to define the real needs of artists and collect the information necessary to create an adequate law. It was an attempt at democratic and inclusive action, aimed at actually recognizing the expectations of the environment.
After the project was stopped, in the autumn of this year, the topic again returned as an important subject of public debate. On October 21, 2024, the Ministry of Culture and National Heritage submitted a request to start legislative work on the law on social security for persons performing the artistic profession. A work schedule and the main assumptions of the law have been published on the government website.
According to the declarative data of the study Counted, counted 2024. Artists, creators and performers in Poland:
The Polish artistic community is about 62.4 thousand people. A large number of them struggle with wage inequality. Of the 5,122 surveyed, 51% of artists earn income from commission and work contracts, and 69% earn below the national average, with 30% receiving a salary below the minimum. In the studied group, 10.4% of artists and creators do not have insurance due to low material status, while 11% use insurance as family members. The COVID-19 pandemic has exposed the weakness of this system and the lack of adequate protection for artists with incomes significantly below the national average.
The most important points of the draft law on professional artists
The entry of creators into the social security system will be possible thanks to subsidies, which are intended to bring the level of contributions to the minimum resulting from the minimum wage for work. The Social Insurance Institution will be responsible for the registration of contributions, and the contributions will be transferred automatically, without additional involvement of the artist, until a certain income threshold is reached.
The path to obtaining the status of a professional artist: To obtain the status of a professional artist, a person will need to document the artistic achievements of the last three years. This status will be granted for a maximum of 5 years, and after 10 years of having this status without interruption, it may be granted indefinitely.
Organs: The administrative decision to grant status is taken by the director of the new body - Institute of the Professional Artist. The decision shall be taken on the basis of a request submitted after consultation of an opinion Opinion Committee, which includes representatives of the artistic circles, the National Academy of Sciences, the Minister of Family, Labor and Social Policy and the Social Insurance Institution.
Subsidies to social and health insurance contributions: The right to receive the subsidy is granted to persons who have devoted a significant part of their professional activity to the performance of the artistic profession, and in the three previous tax years their income did not exceed 125% of the minimum monthly salary in the previous calendar year. The surcharge will supplement the contributions to the insured's account to the level corresponding to the contributions due for the minimum wage for work. The amount of the surcharge will be determined individually and transferred directly to the account in the IT system Social Insurance Institution. In 2025, this revenue will amount to a maximum of PLN 5832.50, and in 2026 — PLN 6337.50.
Support mechanism for artists and creators in difficult material situation: The source of funding for social contributions and health insurance will be Fund for the Support of Professional Artists. It shall be responsible for coordinating the expenditure of funds from the Fund, including contributions and allowances, as well as for the conduct of proceedings and settlements Institute of the Professional Artist. The structure of the Institute will operate Program-Scientific Council, whose task will be to monitor the situation of artistic professions and evaluate the functioning of the system. After 5 years, it is planned to evaluate the assumptions made.
The impact of the cultural sector on the economy and society
The Act on Professional Artists is important in the context of the entire functioning of the economy and society. According to the study “The Impact of Culture on Socio-Economic Development in Poland” (Polish Economic Institute, 2022), in 2019 the total value generated by SKK (Cultural and Creative Sector) amounted to PLN 59 billion.
On improving social quality, the report stresses that cultural participation is not only a market issue of demand and supply for cultural goods and services, but also social benefits such as well-being, sustainable cultural development, social cohesion, intercultural dialogue, inclusive education, new forms of social entrepreneurship and empowerment of minorities.
Today's conversations about the state of Polish culture, including the financial problems of artists, were definitely intensified by the COVID-19 pandemic, during which, according to the study, creators' income fell by 10% (€1 billion) in 2020, and spending on cultural services decreased by 30% per capita.
Culture is also a place of work. In 2019, the sector provided almost 459,000 jobs, making it significant driver economic, which is the driving force of the economy. In addition, culture plays a role as a tool in building resilience to future crises and in post-crisis strategies. The creation of healthy and dynamic creative industries, in the context of the pandemic experience, has shown which growth strategies are most effective.
summary
The implementation of meaningful and regulated changes in the context of artistic professions is an expression of attention to the cultural sector and, consequently, to the socio-economic condition of the whole country. However, it is crucial to appoint competent persons to the commissions and bodies and to carry out a systematic evaluation and review of the criteria that will determine the artist's profession.
