Fair rates

Image: Gerda van der Stok, SpuugZat, 21×15 cm
For each article in the rechtReeKs series, the Kunstenbond chooses an appropriate image made by one of its member artists, which has no relation to the issues in the article

Crazy about lists I am, have been all my life. Whether it's the 20 best books, the eight most popular vegetable recipes or the five most warming tips for cold days, I read them.

If I look at my own practice as a lawyer, at the top of the list of topics most often contacted is rates. People call about this remarkably more often than, say, a year ago. Several times a week I talk to someone about this.

Jet Hootmans:
"Several times a week I do talk to someone about rates."

This development seems to be driven by a greater awareness of fair pay. Fair pay has become more prevalent. This applies not only to creators. More and more financiers of culture are using fair pay as a condition for subsidies. And the government is also joining in. Thanks in part to the efforts of the Kunstenbond, fair pay is compulsory for institutions that will be subsidized from 2025 through the national cultural subsidy system (BIS) and the national cultural funds (such as the Mondriaan Fund). A milestone.

More and more funders of culture are using fair payment as a grant condition

Whether a payment is fair can be tested against collective rate agreements, such as a fee guideline for self-employed workers or a collective bargaining agreement. The latter applies mainly to employees but can also include a regulation for self-employed workers. For example, that the hourly rate agreed upon is at least equal to the salary associated with the position plus at least 67 percent - a minimum percentage you can use in your rate negotiations.

Important for the visual arts is the Directive Artists' Remuneration. This is a guideline for artists and institutions designed to achieve better working conditions and fair contracts.

Important for the visual arts is the Directive Artists' Remuneration

The Guidelines for Artists' Fees include a calculator that calculates the minimum fee you can charge as an artist for an exhibition. So apart from a compensation for expenses. The outcome depends on the duration of the exhibition, the number of participating artists and whether a new or existing work is being shown. It also includes a checklist to use in contract discussions and a sample contract.

It is important to keep in mind that the calculator provides a minimum amount (as do collective bargaining agreements). It is therefore based on the legal minimum wage and an average number of professional activities per year. From the calculated amount, reasonable upward negotiations can be made. For example, is it to be expected that the number of visitors will be higher than usual for an exhibition, then that may be reason for an increase. If the work is valuable, costly or labor-intensive, or if you have a certain fame or experience as an artist, the same may apply.

It is based on the legal minimum wage and an average number of professional activities per year

The website kunstenaarshonorarium.nl lists the names of over one hundred museums and art institutions that apply the guideline. This is useful as a check, but also good to use as a reference or comparison in your negotiations with institutions that are (still) missing from the list.

By the way, I think that everyone, and government agencies in particular, should always act at least according to the Fair Practice Code and take fair payment as a starting point. That this is no more than reasonable is an argument that can always be used as far as I am concerned. If you are paid below the minimum, then as an artist you pay the price. Not only is this unreasonable, it often violates Article 23 of the Universal Declaration of Human Rights. This provision gives the right to just and favorable remuneration that ensures a dignified existence.

Jet Hootmans:
"By the way, I think everyone [...] should take fair payment as a starting point."

For the best time to make your fee agreements, I'll end with the beginning: make your fee agreements at the start of the collaboration or contract discussion. This will prevent the artist's fee from becoming a closing item.