The Fair Practice Code: since 2017, there has been a code of conduct for everyone who works and does business in the arts, culture and creative industries. Based on the values of solidarity, diversity, trust and transparency, agreements have been made for everyone in the cultural sector. The code should lead to equal opportunities and fair payment, among other things. How is the sector doing?
De Fair Practice Code lends itself well as a policy instrument, says Jonna van 't Hof, legal advisor to the Professional Association of Visual Artists (BBK). Based on the agreements in the code, an institution can determine how they can operate responsibly. Since the introduction of the code in 2017, important steps have already been taken. 'For example, we have seen that it is starting to become normal for artists to be paid', says Van 't Hof, 'while this did not actually happen in subsidized institutions before.'
Yet that is only the beginning, Van 't Hof sees. 'The fact that artists are paid is a positive development, but we see that there is still room for negotiation. The guideline for artists' fees is based on the statutory minimum wage and is seen as a basis from which artists can negotiate. In practice, it appears that the minimum has become the norm, so there is still something to be gained there. Artists must dare to enter into negotiations and see if they are worth more than the minimum.'
If an artist runs into problems when it comes to payment or other contract conditions, Van 't Hof sees little practical application of the Fair Practice Code. 'Artists come to me when a conflict has already arisen with an institution or client. They want to know what their rights are and how they can proceed. But legally speaking, the Fair Practice Code offers no handles; the code is too broad and sometimes too vague. Fortunately, Dutch law often offers solutions.'
To prevent a legal advisor or lawyer from having to go and get a story, Van 't Hof advises making clear agreements in advance. 'We often see things go wrong in communication', she explains. 'That's why I advise artists to use the model contract and the checklist that you can find on the website of the Artist's Honorarium. Try to make the collaboration and all agreements regarding an exhibition as concrete as possible as quickly as possible.'
Artist as entrepreneur
Where artists used to be able to work freely thanks to subsidies or benefits, they are now also entrepreneurs. Over the years, Amsterdam artist Su Tomesen has been able to raise the financial resources for her projects. One of those methods is fundraising. 'A lot of unpaid work goes into writing applications', she says. 'But I include that as my own contribution in the budget, so that you can still capitalize those hours. However, that does not mean that I do not sometimes temporarily live off my saved reserves.' As an artist who often collaborates with others, she sees a problem in the guideline for fees. 'I recently submitted an application, in which I was not allowed to charge myself more than 1990 euros per month for working full-time on the project. In turn, I have to pay some members of my team 500 euros per day, such as a sound mixer or color corrector. Isn't that strange?'
Graphic artist, designer, teacher and mentor Nicole Martens works less with direct subsidies, but with clients who are (largely) dependent on them and therefore have limited budgets. Bread jobs make other substantively and artistically interesting projects possible. In the course of her career she has managed to find a good balance in this. 'I am also honest about this with students', she says, 'so that they start their career with fewer wrong expectations.'
It is essential for artists and autonomous graphic designers to know their own value, Martens believes. 'That strengthens your work and position', she explains. 'If you work on behalf of companies, it is very normal to negotiate, but in the cultural sector it is considered strange. You can almost be happy if you are allowed to make something. Yet it is often a recipe for disaster if a client wants something for less and less. I am confident enough to say no if I can afford it. That was not the case during my recovery from long-covid. And even when you are young and just starting out, you do everything you can to build up a portfolio, visibility and credibility. An unhealthy system that is so difficult to change.'
Honest clients
The Fair Practice Code has led to a completely different approach at the Rotterdam art institution MaMA. 'MaMA is a platform for the youngest generation of makers, who were supported by a large group of volunteers until 2024', says director Judy Rambags. 'After the exhibition AKA MaMA in 2022, organised by a team of volunteers, we saw that this way of working was asking too much of the makers. They were investing a lot of time and energy in it, without getting anything in return, except for the legally permitted volunteer allowance. We then took a close look at our organisation and stopped working on a volunteer basis. Everyone who now works for MaMA on a project basis is paid a freelance rate according to the guidelines of The Case Now.' Rambags acknowledges that this new approach limits the space for young makers to gain experience and increases organizational costs. However, she emphasizes that the most important thing is to work together to create a good working environment, with an eye for sustainability. 'We no longer let anyone work for nothing, not even with an open call.'
Lieselot van Damme of Kunstpunt Groningen, which supports artists, among other things, believes that the academy should already pay more attention to the business side of being an artist. 'Students learn too little about reading or negotiating contracts, which means they enter the sector insufficiently prepared. I also see that there are unrealistic expectations about what an artist's practice looks like. An artist's practice is made up of a range of activities, from making autonomous art to working on commission, but also teaching or design jobs. Artists become disappointed and sometimes drop out due to prejudices, such as that a solo exhibition is the highest achievable and that your practice is only successful if you live entirely from your autonomous work. While that is not realistic and does not do justice to the versatility of the profession.
Van Damme sits at the table with many different parties, such as municipalities and institutions, and understands their financial struggle. 'We all have the responsibility to take care of our sector', she explains. 'Parties in the cultural sector should actually continuously lobby to prove its importance, and thus secure financing. Many institutions are happy to pay their artists well, and take inflation into account every year, but how can they do that if the costs are rising on all sides but the budgets are not growing with it?'
Tips for the artist
Jonna van 't Hof, Lieselot van Damme, Su Tomesen and Nicole Martens have the following tips for artists when it comes to the Fair Practice Code.
- Dare to negotiate! Prepare well for the negotiation. Determine your lower limit (for example the artist's fee) and the amount you want to get out of it. Go a little above that in your first demand. Also consider how you will react if they find your amount too high. And above all, take the first step in the negotiation. With that you determine the conversation.
- Learn to negotiate. The BBK has an article on negotiating for its members, but taking a course is even better. You learn to negotiate best by doing. For example, you can also ask a colleague to practice negotiating with you in a role play. Then let your colleague make things difficult. Then you will be well prepared.
• Unite with others via an existing network, your workplace/studio or artist friends. Share tips and support each other – not only in deepening your artistic work, but also in the preconditions for a successful professional practice. - Keep developing yourself in the business field and see if you can participate in a mentored program or a program to strengthen your business skills.
- Hire professionalsand work with a good accountant, fundraiser or coach. These are valuable investments that will pay off.
- Expand your network: attend openings, lectures and events, do residencies, see if you can get a job at an institution for contemporary visual arts and participate in a board, jury or advisory committee.
- Make a realistic budget. Include writing applications as a personal contribution in the budget, thereby capitalizing those hours.
- Explain the value of your work. Especially for applied artists on commission, but also for direct sales, it can be good to explain the investment to realize a work, such as time, energy, process, research. This contributes to appreciation, the conditions for cooperation and the determination of a more realistic fee. For yourself and for the other party.
This article was created following the meeting 'How does fair practice work in practice?', organized by Art Office in collaboration with BBK and WdKA Business Station. The event took place on March 11, 2025 at WdKA in Rotterdam.