7. Experiences from the Netherlands with the Fair Practice Code in practice
a. Interview with Esther Gottschalk, Director Nieuw Geneco
b. Interview with Anne Breure, Director Theater Utrecht
8. Danish artists and creative professionals’ perspectives on the code of practice’s potential
a. Cecilie Ullerup Schmidt, Assistant Professor and Deputy Centre Manager Art as a Forum (Kunsten som Forum) at University of Copenhagen
b. Signe Klejs, Artist and Chair of KUFA
c. Another Life Community
d. Christian Gade Bjerrum, Co-founder and Co-leader of Sustainable Cultural Life NOW (Bæredygtigt Kulturliv NU)
e. Rikke Bank & Hande Dogan, MA Leadership in Sustainability at Malmö University
f. Finn Schumacker, Director of AEC, the Association Européenne des Conservatoires, Académies de Musique et Musikhochschulen
What can we do to create a more sustainable cultural industry? A specific and inspiring example of this is the Dutch fair practice model. Since 2016, the Netherlands has developed and implemented a Fair Practice Code, a cultural code of practice or the Nordic Eco-label for fair working conditions that state-funded cultural institutions must follow and comply with in order to receive funding for operations and activities. The model aims to create a common starting point for fair working conditions for artists and cultural workers based on five values and principles; sustainability, diversity, transparency, solidarity and trust. How each set of values should be understood has been jointly defined by artists and institutions in the Dutch cultural sector over a number of years, and the code of practice is now the basis for specific strategies and action plans developed by the institutions themselves.
In 2023–24, the Danish Composers’ Society and UKK –Organisation for Artists, Curators and Art Mediators investigated whether a Danish version of the Fair Practice Code could be a lever for better and safer working conditions in the arts and culture sector in Denmark. Through workshops and meetings with more than 100 artists, producers and representatives of cultural institutions, we have worked with and discussed the Dutch model and the values it is based on, as well as what a Danish version should contain if it is to work for the culture sector in Denmark.
This report presents the results of the survey, and we also make recommendations on what the important next steps could be if a Danish Fair Practice Code is to become a reality. We incorporate the input we have received from the industry along the way and put it into perspective with examples from the Netherlands on how the Fair Practice Code works there and the difference it makes to working conditions in the Dutch industry. Finally, the report mentions the international movement that is underway in several places to ensure fair working and economic conditions for artists and cultural workers, and which we in Denmark should also be a part of.
The initiative is based on experiences and figures from the Danish cultural industry that highlight the need to rethink
Introduction
the industry’s structures in ambitious new ways. Working conditions for artists and cultural and creative professionals are precarious and pay is too low. We have known this for a long time, but the Covid crisis highlighted the need for better and safer working conditions, fair pay and more transparent working structures. Studies such as Artists in figures (Kunstnere i tal) (2024), Data study on professional artists’ earnings during the Covid crisis (2022), Working conditions for musicians and composers in Denmark (2020) and Visual Artists’ Economic Space (Billedkunstens Økonomiske Rum) (2018), document and support the experience of an uncertain industry with specific figures and cases, leaving no doubt that action is needed – both politically and across the culture sector.
The report is primarily targeted at politicians in Denmark, especially within employment and culture, as well as the arts and culture sector itself. However, it can be read by anyone interested in creating good and professional working conditions where precarious and complex working conditions prevail.
KEY FINDINGS
PRECARIOUS CONDITIONS CHARACTERISE THE ENTIRE INDUSTRY
One of the recurring themes in the four workshops that were held, and which we can conclude at this point, is that there are many issues of precariousness that recur across the different art fields. Precarisation is about precarious living conditions that can make it difficult or impossible to maintain a dignified social and cultural life. 1 It therefore makes sense to work together across the cultural field to create better working conditions.
VALUES ARE INSEPARABLE
Artists and creative professionals across the cultural field agree that all five values of the Dutch model should be taken into account in initiatives for better working conditions, as they encompass all the aspects that should be present in a good and professional working environment – also in Denmark. Working conditions are about much more than just pay, it’s also about the framework of the work, the time invested in the process, whether the work or production can have a continued life, etc., which a code of practice like the Fair Practice Code reflects.
THE FAIR PRACTICE CODE IS A TOOL FOR ACTION
A code of practice like the Fair Practice Code is seen as a specific tool for action and creating a new norm. Artists and cultural and creative professionals that sign up to this standard commit to creating a strategy on how they will put fair practice into practice and, as in the Netherlands, there should be financial consequences for not complying with the principles they set out.
GREEN SUSTAINABILITY MUST BE INTEGRATED INTO A DANISH MODEL
When it comes to the value of sustainability, we can conclude that green sustainability must be an integral part of this value if the code of practice is to work in the Danish cultural industry. Everyone who contributed to the study sees the social, economic and green aspects of sustainability as closely linked, and greening as a crucial premise for the arts and culture field. In recent years, the climate crisis has become evident, which is why we as an industry cannot avoid dealing with it. In conversations with Dutch artists and creative professionals along the way, they have expressed that this is also the view in the Netherlands and that an upcoming revision of the Fair Practice Code will, among other things, adjust the sustainability value to clearly include social, green and economic sustainability. As Anne Breure, director of Theater Utrecht, put it in a conversation with us:
‘Today, green sustainability is also very much a part of the work and conversation in the Netherlands. The values are still the same but what they mean will keep changing over time and that should also be the case – that we keep working on them.’
1. Precarisation has its centre in the organisation and quality of work, and affects opportunities, rights and security in relation to illness, housing, welfare, etc. (Gleerup et al. 2018).
CODES OF PRACTICE ARE GAINING GROUND IN EUROPE IN THE CULTURE SECTOR
Finally, it has become clear to us that thinking about decent working conditions for artists and creative professionals based on codes of practice and specific tools is something that is happening in more and more places in Europe. In 2023, the OMC Group in the EU (Open Method Communication), of which Denmark was a part, published a comprehensive report, The status and working conditions of artists and cultural and creative professionals, that both describes the precarious working conditions for artists and cultural and creative professionals, reviews the various initiatives that different EU member states are trying out to create better conditions and makes recommendations on what the most important next steps could be.
The OMC Group’s report emphasises that none of the models and initiatives they encountered solve all the challenges of precarious work, but that the Dutch Fair Practice Code is one of the most comprehensive models in Europe.
Sine Tofte Hannibal & Maj Horn
On behalf of the Danish Composers’ Society & UKK – Organisation for Artists, Curators and Art Mediators
The procedure
The four workshops took place in Copenhagen between June and November 2023. There were fifteen to fifty participants per session. The first three workshops were attended by artists and representatives from cultural organisations and institutions, invited with a focus on broad representation in music, visual arts, design, performing arts, film, and literature. Throughout, they were artists and creative professionals who, in our opinion, have special knowledge of and/or are progressive thinkers about the development of the arts and culture field as a professional occupation. The final workshop was open to all artists and creative professionals from the cultural field. A few of the partici-
pants attended two of the workshops, but the majority have attended one of them.
In the four workshops, through presentations, discussions and based on specific
experiences from the Netherlands, we have explored what certification can do to create better working conditions in the culture sector. We have gathered and shared knowledge and perspectives on what fair practice is for employees, employers, institutions, freelancers, etc., to develop a value-focused model for the Danish cultural industry.
The procedure for discussing the core values in the Dutch model was as follows; during the four workshops, participants discussed the five core values in small groups based on these questions:
1. What does the value mean? (define, delimit)
2. How does the artist encounter the value – how does the artist practise the value?
3. How does the institution meet the value – how does the institution practice the value?
Participants could choose to focus on all five values, select one or more of them or add a new core value. Subsequently, the groups presented findings, questions and considerations that emerged along the way in a joint plenary discussion.
For the first three workshops, participants who were freelancers or self-employed and not paid by an organisation received a fee for participating. All participants who lived outside Copenhagen had their transport costs covered and, if needed, accommodation.
The values in the Dutch Fair Practice Code
In 2016, the Dutch Ministry of Social Affairs and the Ministry of Culture decided to investigate the consequences of the massive cuts made to the cultural sector back in 2013. The results of a comprehensive study of working conditions and economics showed that the overall turnover of the industry was roughly the same as before the cuts, but that conditions for those working in the arts and culture sector had become more difficult and precarious. There were fewer permanent positions and more casual work, with more people experiencing doing work for free and a working life without a social safety net, such as pensions, maternity leave, paid holiday or sick pay.
The two ministries agreed that it was crucial to find solutions that could lead to better working conditions in the cultural industry, and they set up a committee with representatives from the sector to come up with proposals for action. One of the 21 recommendations made by the committee that the ministries decided to move forward with was to develop a Fair Practice Code for the arts
and culture sector, which artists, producers, representatives of cultural institutions and others across the industry then spent two years developing together.
As mentioned, the Fair Practice Code is based on the five values: Solidarity, diversity, sustainability, trust and transparency. These are values that the Dutch industry has jointly agreed are essential to base art and cultural production on if the conditions for those who create and produce art and culture are to be in order. As each cultural field operates differently, there are also different ways in which the common code of practice unfolds in practice. The Dutch culture sector justifies and defines each value and why it is important for good working conditions as follows:
THE FAIR PRACTICE CODE – A CODE OF PRACTICE FOR THE CULTURAL AND CREATIVE SECTOR IN THE NETHERLANDS (2018)
ʴ The cultural and creative sector represents an indispensable value in Dutch society and serves a broad societal interest
ʴ The cultural and creative sector is Holland’s business card and contributes significantly to our international reputation as an innovative, entrepreneurial and creative country
ʴ The creativity and expressiveness of artists and creative professionals is at the heart of the unique value this sector represents to society
ʴ The cultural and creative sector benefits from a wide variety of organisations, businesses and independent professionals in a wide range of fields
ʴ The economic value created by the cultural and creative sector often does not end up in the sector or with the producer
ʴ Everyone who performs work has the right to just and favourable remuneration ensuring a life of dignity for them and their family, which will be supplemented, if necessary, by other means of social protection (Human Rights Convention, Article 23.3)
ʴ Strengthening working relations and working conditions is in the interest of a progressive and innovative cultural and creative sector
Users of the Fair Practice Code set themselves the following goals, with due regard to
ʴ The Governance Code (NL)
ʴ The Diversity and Inclusion Code (NL)
jointly promote Fair Pay, Fair Share and Fair Chain through fair, sustainable and transparent operational management, and consideration of each other’s interests through respect, solidarity and trust in order to create a strong sector that fully utilises and makes profitable the potentials and opportunities of cultural workers and artists.
And to promote and uphold the following core values:
SOLIDARITY
Work performed is compensated with a reasonable fee
ʴ Collective agreements and indicative rates are used wherever possible. Reasonable payment is provided to (freelance) professionals if a collective agreement is not applicable. Fee and remuneration agreements can be developed within each discipline in case no agreements exist
ʴ The parties also jointly agree on a reasonable copyright fee for exploitation agreements based on copyright law
ʴ Given the importance of flexibility in the sector, much attention is paid to the relationship between paid and unpaid workers, pseudo-independence, perks and equal treatment. Offering a volunteer or internship position therefore requires a clear description of the job, employment conditions and appropriate remuneration
ʴ Clients and employers (cultural institutions or artists) only work with (sub) suppliers that comply with the Fair Practice Code
ʴ In connection with pitches and competitions, the professional work of the participants is paid for
The cultural and creative sector must work together to build and maintain a strong professional field,
ʴ for example, by joining, sharing and financing collective interests in the sector
ʴ by contributing to the collective protection and promotion of interests and by supporting education programmes and entrepreneurship
TRANSPARENCY
Operational management of organisations (from foundations to independent artists and creative professionals, and everything in between) is as transparent as possible
ʴ Operational management information is shared and publicised as much as possible, providing insight into each other’s situations
ʴ The Fair Practice Code is disseminated and ensures the
ʴ publicly and privately funded institutions take responsibility for applying the code of practice according to the 'comply or explain’ principle
ʴ Artists and institutions will relate to the code of practice in their project reports and annual reports
The Governance Code culture is disseminated and adhered to
Knowledge and expertise is shared if and when it is possible
Compliance with the Fair Practice Code also by subcontractors
Artistic work is produced with an eye on quality and longevity
ʴ This means investing in the potential of the field and in the further development of artists and cultural workers, and that:
a. Opportunities for further education and development are offered where possible
b. evaluation is part of any collaboration
c. employers and employees take joint responsibility for preventing mental and physical overload
ʴ This means that the sector makes a collective effort to develop a common policy regarding responsible behaviour
ʴ This means that artists and cultural workers in the field take responsibility for not offering their services at a price below the rate or cost price
ʴ It involves a constructive approach to all the tangible and intangible assets in the sector, respecting personal investment in the cultural products
DIVERSITY
ʴ All parties are working to make the sector more inclusive. This relates not only to cultural or ethnic background, but also gender, sexual orientation, age, knowledge and functional ability and socio-economic background
ʴ All parties take responsibility for the implementation of the Diversity and Inclusion Code by implementing it in their own organisation, in the environments in which they operate and by insisting on other parties’ responsibility in this regard
ʴ All parties take responsibility for diversity in terms of public, programme and staff, and in representative forums and policy-making processes
ʴ The structure of the internal organisation and employment conditions are adapted accordingly where necessary
ʴ There needs to be room for customised approaches, for example, in terms of grant conditions and operational goals. There must be a balance between transparency/bureaucracy on the one hand and the interests of the individual organisation on the other
ʴ Quality is the basic prerequisite
ʴ The parties will treat representation and references conscientiously by paying due attention to ownership, source acknowledgement and rights payment
ʴ Parties provide a low-threshold method to settle disputes, for example, by registering with the Copyright Contracts Dispute Board
ʴ The parties try to settle disputes through mutual consultation. The Copyright Licence Board can assist in case of disputes regarding exploitation agreements through mediation and binding advice
It’s been really inspiring to be in such a large and multidisciplinary gathering, and to hear how similar challenges we face across the cultural life. And how much energy, engagement and indignation there is among the participants. I can’t wait to see how all this energy can be turned into political change. I really hope that Fair Practice Culture becomes reality. As a small producing cultural professional, a framework like Fair Practice Culture will be worth its weight in gold!
Graphic designer, co-founder Post Design Festival Workshop, 28.11.2023
Peter Folkmar
Discussion of the values in a Danish context
In all four workshops, conversations about the five values took place in smaller groups and in follow-up larger group conversations to explore the values in a Danish context and qualify perceptions and meanings of them in the best possible way. The conversations have involved between 15–50 participating artists and cultural and creative professionals each time.
In all four workshops, we have taken the following questions as a starting point: What does the value mean? How does the artist encounter the value – how does the artist practise the value? How does the institution meet the value – how does the institution practice the value?
The conversations have quickly branched out from there into discussions about what the problems are and what changes are needed. In this section, we summarise the key inputs that the participants contributed with and that particularly characterised the conversations.
SUSTAINABILITY
The need to create a major cultural shift towards a sustainable art and culture field in Denmark has been mentioned again and again as being fundamental; that
sustainability should be seen as a fundamental value that requires a systemic approach and changes to current structures. Participants have emphasised that climate and environmental sustainability, economic sustainability and social sustainability should all be considered when sustainability counts as a value, and that an integrated, broad concept of sustainability is central to developing better and more professional working conditions for the sector.
Green sustainability
Many of the same aspects of sustainability that the Dutch model has defined have been mentioned and discussed at the four workshops, but with the major difference that while there is a minimal focus on climate and environmental sustainability in the Dutch model, it has been the recurring theme in all the conversations with the Danish participants; how can we create art and cultural productions that are more climate and environmentally sustainable than today?
Other recurring considerations are the need for a different view and discourse around 'time and duration’ – the need for fewer and more sustainable productions with more time for long-term projects, reflection
and continuity. This requires a rethinking of ambitions, goals and quality (quantity, size, pace, visibility).
Participants have called for an increased focus on making production decisions based on research-based knowledge of how materials and actions such as shipping and travelling affect the environment and natural resources, as well as a much greater focus on the regeneration of natural resources.
It has also been emphasised that all Danish arts and cultural organisations, institutions, boards and juries should have a climate policy and long-term visions and strategies for operations, which is far from the case today.
Economic sustainability
Central to all workshops was the need to respect and recognise that art is a business and that art production takes time and investment. There needs to be more focus and transparency around the actual time spent on the work; funding needs to be based on the ‘right budget’, i.e. fees should be set according to the actual time spent on the work. To create an economically sustainable working environment for artists and freelancers, more attention needs to be paid
to switching costs, i.e. the costs associated with a working life where you are constantly moving from project to project.
The conversations have also centred on how money and resources are currently distributed in cultural life and what changes are needed to make this distribution more equitable. Including how to create more viability so that those who make a living from and produce art and culture can make a living and have a lifelong career. This requires, in particular, improved pay and remuneration conditions for freelancers, project workers and contract workers, but also a better system in terms of unemployment, maternity and paternity leave and pensions. Here, questions about who can afford to make art and what economic and social resources it requires have been discussed as a track that is also closely related to the value of diversity.
Social sustainability
Overall, the conversations have centred on how we can create a sector that’s great to work in. This requires a structural approach that takes shared responsibility for a sustainable social work environment. This requires the individual artist and cultural worker to have more room for manoeuvre, such as having time for knowledge production and additional training.
It also requires addressing psychological security and mental well-being with a focus on issues such as discrimination, economics and minority experiences, and treating everyone equally through mutual respect and understanding.
The discourse of 'time and duration’ is also relevant to social sustainability. For example, it has been mentioned as a very stressful factor that art institutions with operating agreements have to apply for new funding every four years and self-organised venues even more often.
DIVERSITY
When it comes to the value of diversity in the Dutch model, Dutch artists and creative professionals commit to following the Diversity and Inclusion Code developed in the Netherlands in 2011. However, in the four workshops with artists and creative professionals from the Danish arts and culture industry, we examined diversity in line with the other four values in the model and did not include the Dutch diversity code of practice.
The conversations about diversity among workshop participants touched on many different aspects, from who has physical and structural access, to how attention, space, power, finances and other resources are distributed.
Throughout the workshop discussions, there was a widespread desire for greater inclusion of diversity at all levels of the arts and culture field to ensure an open and inclusive culture sector that reflects the diversity of society.
Participants called for more and better tools and arguments to advocate for diversity in power decisions and that more ambitious strategies are needed to create more awareness of diversity, leading to actions and reallocation of resources. It must be based on more and new knowledge in the form of figures, analyses and experiences that provide insight into privileges and norms. In addition, there is a need for knowledge and tools to create and ensure more equal access to the sector.
Overall, the conversations about diversity among Danish artists and creative professionals can be divided into five categories:
Educational institutions and programmes
Diversity needs to be incorporated into the education system from multiple perspectives and levels of education. It is essential to identify who is being educated in arts and culture, as well as which children and
young people find and are selected for cultural schools and pre-schools and later the coveted places in arts programmes. Applying to and completing artistic programmes requires social and financial resources, and there is a need to rethink existing recruitment and admissions processes for greater openness and a broader representation of applicants and students.
Teaching diversity in education programmes is crucial to push for more diversity in the professional sector. It’s crucial to continuously discuss how we ensure diversity in terms of who teaches art and culture, and teachers need to be trained to consciously deal with privilege, blind spots, etc., to make room for other narratives. Participants have raised questions about how we ensure diversity in terms of who has the necessary resources to take continuing education and continuously specialise in their field.
Organisation and institutional forms
Participants emphasised the importance of having strategies in place to ensure diversity among the staff, management and boards of organisations and cultural institutions. We also need to work towards more diversity among audiences and participants in cultural activities.
Other aspects that were also highlighted were diversity in artistic content and that performers should have more freedom to work and create across art fields.
Inclusion of marginalised artists
Institutions need to be aware of who is invited into the art field. Work towards the legal inclusion of artists and cultural workers with identity markers such as gender, ethnicity, social class, age and functional variations. It is also important to ensure access to the arts and culture sector for artists without Danish citizenship or residence permits.
Financing mechanisms
When it comes to funding mechanisms, markets and private funds play a vital role. In relation to foundations, it is agreed that it is important to ensure representation and transparency so that you can see and communicate who is applying and who is receiving support. This can create a picture of applicant fields that can be published in anonymised form.
Physical and structural access
There is a general need in the Danish culture sector to work much harder to reduce physical and immaterial barriers if we are to succeed in including more artists, cultural workers and cultural consumers with disabilities. Language inclusion is important and there needs to be a focus on access for all to public conversations.
Panel discussion at the Culture Meeting
Mors, 25.8.2023
Photographer: Eduardo Abrantes
TRANSPARENCY
In the Dutch model, transparency is all about transparent management and knowledge sharing, as well as how a fair code of practice can be applied, disseminated and adhered to. In the four workshops with Danish artists and creative professionals, transparent management and transparency in processes have also been widely discussed. Furthermore, a focus on the need for more transparency in relation to funding mechanisms and remuneration has been common, and several conversations have emphasised the importance of open communication, sharing and making knowledge accessible.
For the participants, transparent leadership has been about clear roles and responsibilities, clarification between voluntary, professional and social work, and transparency in relation to well-being and care. When it comes to transparent processes, it has been emphasised that a collaborative process between the organisation, artist and production team should be open all the way through, and that in negotiation situations, artists should also be able to bring topics to the table to make it a more equal negotiation. A participant who works with film gave the following example:
‘In the film industry, one of the main problems is that the actors don’t know the plan, timeframe and process. This makes the individual extremely alone and vulnerable. Instead of "solo" we need a "we". And in order to create that, we need to understand why each person is here and what their role is in relation to the rest of the team. Because what is a fair process in each context?’
All private and public foundations have a responsibility for transparency in their funding systems and decision-making processes. There should be clear criteria for who and what is subsidised, as this will make it easier to justify rejections and amounts. When it comes to transparency in budgets, many have pointed out that a budget should be based on actual accounts based on fees for the time a project actually
takes. This is because there is a lot of invisible work across all art fields where artists are not paid, and it is crucial to develop models for how this can be recognised as work. Another aspect of transparent funding mechanisms is how the intervening time between projects can be recognised as an integral part of an artist’s professional work.
SOLIDARITY
The Dutch model defines solidarity based on the principles of fair remuneration and the use of indicative rates – also for idea submissions and competitions – clearly defined and appropriate pay and working conditions for interns and volunteers, and the principles of only working with partners and suppliers that comply with the Fair Practice Code. These principles have resonated with participants in the four workshops that have discussed the value of solidarity, with conversations centred around fair remuneration, fair distribution of resources and opportunities, structural and physical access, and wider sector solidarity. It has also been widely agreed that it is important to start talking more openly about fees and contracts within each art field.
Reasonable remuneration has been defined by the participants as:
ʴ Respect for the artist manifested in the pay
ʴ Common guidelines for salary, pension, maternity and paternity leave, etc., and remuneration of artists within the recommendations of trade unions
ʴ Focus on and respect for better growth over more growth
ʴ That those who produce art professionally can make a living and have a lifelong career
ʴ Respect and recognise that art is a business and that art production takes time and investment
ʴ Understanding what it takes in terms of time
ʴ Working within an appropriate framework
Fair distribution of resources and opportunities is about fair distribution of time, power and responsibility and rethinking power, both in terms of what it looks like and what it should be used for. It’s also about equal parental leave conditions regardless of gender or family type, and pensions for freelancers.
Solidarity should be integrated into institutions, as responsibility is closely linked to solidarity, and it is important that organisations and institutions start to articulate how it is practiced within the organisation and across institutions.
At the same time, it is important for the cohesion of the art field that artists show solidarity with each other, turn down unpaid work unless it is for charity or similar, and work with realistic and reasonable demands and time perspectives when they are employers for each other.
TRUST
In the Dutch Fair Practice Code, the value of trust is summarised in the following premises: freedom for initiatives and institutions to go their own way, artistic quality is the basic premise, copyrights must be respected, and disagreements should be resolved through consultation.
In the discussions about the value of trust among the Danish participants, it was emphasised that having the freedom to go your own way is about being able to experiment and manoeuvre in different ways, and that it is important both as an institution and artist to have a certain flexibility to think and rethink processes, projects and assignments.
When it comes to conflict resolution, participants agreed that there should be room for disagreement in all projects and collaborations, and that a greater focus on making difficult conversations a natural part of working life would benefit the working environment in the culture sector.
THE NEXT STEPS
Together with the participants in the project, we have discussed what crucial actions are needed in both the short and long term if we are to develop and implement a Danish fair practice code for the culture sector. This includes identifying possible challenges and consequences of the model, outlining how to proceed, where in the sector the model makes particular sense, on what scale and for whom. But also the importance of a coordinating body to handle implementation and counselling, and how it can interact with collective agreements and existing agreements on working conditions.
It’s crucial that multiple parties are involved along the way and that, within each art field, we start in-depth conversations between institutions, artists and cultural workers about what fair practice actually means in their particular field.
The timeline on this and the next page shows the actions we have identified as crucial in the short and long term, and who it is important to involve along the way if a Danish fair practice code is to become a reality.
ʴ Hold a political consultation in 2024 on specific models for creating a sustainable arts and culture industry – using the Fair Practice Code as a starting point and methodology for an industry code of practice.
Purpose: To ensure support, dissemination and legitimisation of the initiative. Who: Initiators, cultural and creative professionals from the Netherlands, the Council of Danish Artists and other cultural organisations and artists and creative professionals.
ʴ Research the use of certification as a method and experiences from other industries, e.g. ISO, Danish Standards, Fair Trade.
Purpose: To learn from other industry’s experience with certification in terms of implementation, enforcement, impact, consequences, etc.
Who: The initiators in collaboration with other sector organisations and with researchers and students at universities in Denmark.
ʴ Conduct further identification of Danish initiatives that focus on creating better working conditions for the cultural field. This includes collective agreements, agreements, training programmes, skills development and initiatives regarding equality and diversity, green transition, etc.
Purpose: The code of practice will reflect and interact with existing Danish initiatives, structures and schemes. It is therefore urgent to conduct an in-depth study of what existing initiatives can be used as a foundation for the code of practice.
Who: Danish artists and creative professionals and initiatives such as Sustainable Cultural Life NOW (Bæredygtigt Kulturliv NU), Another Life Community, Art & Culture in Balance (Kunst & Kultur i Balance), The Culture Research Institute (Kulturens Analyseinstitut), cultural trade unions, etc.
ʴ Continue the discussion with Dutch colleagues and identify other EU initiatives that focus on creating better working conditions for the cultural field.
Purpose: To gain further experience and feedback from the Dutch model and other relevant EU initiatives.
Who: Kunsten 92 (who administers the code of practice in the Netherlands), other EU colleagues such as ECSA and the OMC Group
ʴ Develop a tool kit for conversations about fair practice that can be used by cultural institutions, artists and cultural workers in each art field and across the sector.
Purpose: To create a tool for constructive conversations that open and ask the right questions.
Who: Fair Practice Culture – the initiators, possibly in collaboration with the Council of Danish Artists and other cultural organisations and artists and creative professionals.
ʴ Initiate and facilitate in-depth sector conversations about the core values within each art field and across the sector
Purpose: For more voices and experiences to be heard and nuance what and who the code of practice should embrace.
Who: The Council of Danish Artists member associations, professional organisations and the culture and art field in general. The People’s Meeting (Folkemødet) on Bornholm and the Culture Meeting Mors (Kulturmødet Mors) can be arenas for public cross-cutting conversations.
ʴ Discuss how the code of practice can become a tool to realise some of the recommendations made in the EU to create decent working conditions for artists and cultural workers, in a Danish context and in national legislation.
Purpose: There is currently a political interest at EU level to improve the conditions of the culture sector, and the recommendations and legislation should benefit the Danish culture sector. Exploring how the code of practice can relate to international climate agreements, for example, will help specify the goals for green sustainability.
ʴ Develop/qualify action guides in practice, e.g. concerning production development and perform test cases.
Purpose: To test theory in practice. Who: Promoters, cultural institutions, trade unions, interest and sector organisations
ʴ Hold conversations about how a Danish Fair Practice Code could be implemented in the industry and in public and private support systems.
Purpose: To study how the various bodies can see that the code of practice can be implemented in their organisation, and how it can interact with state and municipal subsidies and other health and safety legislation.
Who: Initiators, municipalities, private foundations, the Danish Arts Foundation and trade unions
ʴ Establish a joint conversation about how the code of practice becomes a binding tool.
Purpose: To create a specific joint action plan to ensure that everyone in the culture sector knows what the purpose of the Fair Practice Code is, how it will improve and remedy problematic conditions in the field, and how it will commit the sector. The action plan should ensure that the code of practice is not ambiguous or misused.
Who: Initiators together with artists and institutions, policy makers, the Danish Arts Foundation and private foundations.
ʴ Analyse and calculate what it would cost to implement and operate in a Danish context, including the statistics Artists in figures (Kunstnere i tal)
Purpose: To enable decision makers to make an informed judgement on the introduction of a fair practice code.
Who: Decision makers, Statistics Denmark, The Culture Reseach Institute (Kulturens Analyseinstitut), the Council of Danish Artists, trade unions.
I think it’s crucial that we get better at visualising the importance and value of art for our society, and not least its potential in the green transition. Art is a driver of creativity and innovation and can inspire and expand our imagination. Through art’s sensory encounter with the outside world and its inherent ability to create change, new realisations and perspectives are created, and this is much needed.
Tanya
Lindkvist Director, Art At Work (Kunst På Arbejde) Workshop, 20.9.2023 from workshop, 2.6.2023 Photographer: Sine Nielsen
Experiences from the Netherlands with the Fair Practice Code in practice
We have drawn on experiences from the Netherlands throughout the process, both in the form of presentations at the first workshop and in ongoing discussions with partners in the Netherlands in order to tell Danish partners and participants in the four workshops how the model works in practice. Finally, we conducted two interviews with artists and creative professionals from the music and performing arts industry, Esther Gottschalk, director of the Dutch composers’ association Nieuw Geneco, and Anne Breure, director of Theater Utrecht, about their experiences of putting the Fair Practice Code into practice and what it is like to lead an art institution based on a Fair Practice strategy.
The two interviews are included in the report as examples of specific experiences of creating good working conditions based on a code of practice. It’s one thing to discuss and explore a model and imagine how it can work in the Danish cultural industry, but it’s another thing to see how artists and creative professionals who are already working with it put it into practice, what their experiences are, what impact they experience, and what challenges are associated with the model.
INTERVIEW WITH ESTHER GOTTSCHALK, NIEUW GENECO
What difference has adopting the Fair Practice Code meant in your daily work and to your members in their professional lives as composers?
‘It has not least made a difference to develop recommended tariffs that help to set a standard. Our experience is that many commissioners comply with these, to be fair.’
Can you give one or two specific examples of situations where the code has improved conditions for composers?
‘Yes, actually, three different examples come to mind;
An orchestra had applied for a composition grant but not received it. They then told the composer that they would only pay half of the commission fee to the composer. By quoting the Fair Practice Code, the composer got them to pay the full commission after all.
Once a newspaper wrote about a concert hall offering free lunch concerts, but not just free for the visitors, also ‘free’ for the venue; they didn’t pay the musicians and didn’t pay authors rights to the composers. The concert hall had signed up to the Fair Practice Code and it caused an outrage when this came out.
A contract between a commissioner and a composer was sent along with a grant application. However, after the composer had been awarded the grant, the person was presented with another, less favourable contract. After reporting this to the foundation, the foundation (without reference to this assignment) engaged in audit conversations and asked the commissioner about the contract practice.’
What do you see as the biggest strength of the Fair Practice Code in the Netherlands – both within the cultural industry and in wider society?
‘There is no doubt that the adoption of the code by the government and foundations has been key because this means that everyone in the sector must comply and relate to it. It sets a standard, also for non-subsidised parties and it raises awareness in society.
It’s also a strength that the majority in the parliament have voted for Fair Practice as a compulsory condition of the new four-year-round of cultural subsidies to art institutions and organisations, and they have earmarked extra millions for fair practice.
Outrage over not paying musicians and composers, newspaper articles and questions in parliament also help strengthen the role and value of the code.’
What have been the most important actions – both within the industry and politically – to develop and implement the Fair Practice Code?
‘The research in the sector conducted by the Economic Council was crucial, but the ongoing debate and the fact that the Fair Practice Code became a buzzword, even before there was a code, also helped the implementation along.’
What do you see as the biggest challenges related to the Fair Practice Code right now?
‘The cultural sector is under pressure due to the present government and because public funds are oversubscribed, and surveys show that only 4% of professional artists believe that this funding meets their needs, and 34% that their needs are met partially.
Solidarity among artists/freelancers is important, but equally important is institutional accountability. I think the will is there, but the knowledge of freelancers’ conditions in institutions (museums, universities, etc.) is probably limited, so there is a need for education and discussion.
Mikkel Bogh
Professor of Art History and Head of the Centre for Practice-based Art Studies, University of Copenhagen Workshop, 20.9.2023
Cultural institutions still suffer from inflation, they have experienced a decrease of audiences post pandemic and they lack staff. Due to this, some of them say that ‘there’s no money for fair pay’, and that ‘more focus on proportionality is needed between money for the building, staff and the programme’.’
What do you think is needed for the Fair Practice Code to help improve working conditions even more?
‘In the Netherlands, we need an artist policy – now it’s mainly an institutional policy that counts. Furthermore, we need support for artist representation and sector support, which is currently not structurally funded.’
INTERVIEW WITH ANNE BREURE, DIRECTOR THEATER UTRECHT
What difference has adopting the Fair Practice Code meant in your daily work and to your members in their professional lives as composers?
‘I was involved in initiating the code, so I already had it as an outline for the theatre, which means that the code wasn’t imposed on us. However, the biggest change has been that with the code, fair practice has become a conversation at the table and something that we could point out, both on a political level and to each other. Before, I experienced a lot of informal nudges in the industry about not talking about fair practice issues due to tough times or lack of money, but with the code, it has become an open conversation and we can now say to each other, ‘this is actually not fair practice, so what are we going to do about it?'
At the theatre, we really made a shift so that we now do take different decisions, and I had the backing of the board and staff in really doing so. Not doing anything is not an option anymore, it has become a guideline in everything we do, and as a director, it also helps in taking difficult decisions. We write a policy plan on all the values, and the interesting thing is that it often changes but it always works, and we use the Fair Practice tool kit for this process every third month. It’s an important tool for us as an institution to keep checking in with everyone involved in a production; where are we now, what is our agenda, what should be our focus points for the coming period. One example is that schooling has become more regular for the staff, and we are now working with how this can become the case for freelancers, as well those are the most vulnerable.’
Can you give one or two specific examples of situations where the code has improved conditions for the engaged artists and staff?
‘To be paid in a fair manner has changed and conditions for negotiations have become better. But also, when it comes to the other values like, for example, sustainability, I see a change, since fair practice is not only about fair pay. Sickness is a very specific example; how do we stand when someone burns out? You can pay someone fair for a day’s work, but how do you invest in your staff in other ways if you want to keep them for a longer time and want to contribute to their lifelong career?
Development training, coaching, schooling, parental leave, etc.; it will be different if we do well on all five values. Fair practice very quickly went into fair pay, and with fair pay we have made major steps, but we should cover the whole fair practice code and find ways to work differently.
Another example was with an open call we once did to support young makers in the city. We invited the young makers to develop a concept with us for five days. We paid them for joining us and developing their concept, and they said, ‘it’s amazing that you pay us for this and that we can also address things’. But for me it was obvious – they were with us working for five days and it’s standard and we don’t need to be complimented for this. So, paying people for their time, knowledge and inputs have also become more common.’
What do you see as the biggest strength of the Fair Practice Code in the Netherlands – both within the cultural industry and in wider society?
‘That it’s a vehicle to address what’s going on; both as an artist and as an institution you can now say, ‘I comply
with the Fair Practice Code and therefore I ask you this and that’. It helps make soft elements in a business collaboration specific and possible to address as something you need to work and agree on. It’s fundamental that the soft elements that have always been there, but maybe not addressed directly, have been turned into a code to be complied with.’
What have been the most important actions – both within the industry and politically – to develop and implement the Fair Practice Code?
‘It’s quite essential that the code comes from artists, producers, and institutions – that it comes from the practice and is developed in a joint process and not thought of by the ministry. This means that everybody is part of it, also when it was adopted by the ministry, foundations, and the cultural industry as such.
When the cultural industry was asked to come up with suggestions on how to ensure better working conditions, we came up with 21 different suggestions and one of them was a fair practice code. The minister asked, which one he should choose if he was to choose one of the suggestions and we said, ‘take this code and make it a condition for getting financial support. In that way it becomes a standard, which is important’. And we experienced that already the concept of a code did something – some said that they would join the code even before we had written it. It’s a way and opportunity for people to unite.
Funding bodies have also changed slightly and are now addressing it when applicants are not showing fair practice and asking why. With them, it has also become an instrument.’
What do you see as the biggest challenges related to the Fair Practice Code right now?
‘To make sure that everybody keeps being involved, also when changes are being made, so that everybody keeps owning it – that’s an ongoing important focus point and challenge. In terms of diversity, we have also learned that being fair practice is essential to become diverse, and this is also an example of how the five values really stick together, and that it’s crucial that we keep working with it because otherwise the arts become something for the elite.
The political framework that we are in is also a challenge, and it’s important to address how we stick to the code, even though we know that hard times and a bigger scarcity will come. No one is against fair practice, the question among some politicians is more whether they should pay for it or whether the industry should pay for it. Therefore, we need to be very strict and say, ‘you need to pay for this, and if you only pay this, we can only do that.’ And that’s of course complicated. But politics is always a matter of making choices, and cuts do not have to be made with the arts or the part for fair practice, they can be made in other places.’
What do you think is needed for the Fair Practice Code to help improve working conditions in the Netherlands even more?
‘It’s important to keep reminding stakeholders in the field that it’s not just a code coming from the ministry, it’s ours, so what do we want to do with it. It asks a lot from us because you also have to say ‘no’, both as an artist and as an institution – it’s not always nice but we need to remind ourselves that we once agreed upon it.
The tool kits also play an important role and could be used even more, because the more tools we develop for asking questions, the better. It’s also important that funding bodies improve in terms of better monitoring and ensuring that fair practice is happening. It’s about how to ask better questions rather than how to make better answers – keep questioning instead of just keep answering.’
from workshop,
27.9.2023 Photographer: Michelle Demant
20.9.2023
from workshop,
Photographer: Zuhal Kocan
It is important to have a name for the field that is anchored in the Danish language. I suggest a ‘Regenerativ praksis kodeks’ or ‘Retfærdig / Rimelig praksis kodeks’. ‘Gennemsigtighed’ rather than ‘Transparens’. ‘Mangfoldighed’ rather than ‘Diversitet’.
If we create this ‘Nordic Ecolabel’ for fair practice culture, it can also help to market a festival as a green festival, for example. The attentive, modern festival goers will say: We’d rather go there because they have a sustainable strategy. That’s where I think the fair practice label could make a crucial difference.
Sandberg
Thomas
Composer, musician, chair of the Danish Musicians’ Union (Dansk Musiker Forbund)
The code of practice’s potential from the perspective of Danish artists
and creative professionals
Photographer: Sine Nielsen
from workshop, 2.6.2023
To get different perspectives on what a fair practice code would mean for the Danish arts and culture industry, we invited a number of artists, cultural professionals and academics, who have all participated in at least one of the Fair Practice Culture workshops, to give their take on what they see as the code of practice’s potential.
The texts are written based on the following questions: What do you see as the potential of the Fair Practice Code? How do you think a fair practice code can create better working conditions for the Danish arts and culture sector and strengthen and support existing initiatives?
BY CECILIE ULLERUP SCHMIDT
Associate Professor and Deputy Director of the New Carlsberg Foundation’s research centre Art as a Forum (Kunsten som Forum), Department of Arts and Cultural Studies, University of Copenhagen
I imagine it like this: If an art institution has decided to participate in the Fair Practice Code, it’s not taboo to ask each other: Is it a bit unfair that our permanent employees have a fixed salary and then offer a graduate art historian their fourth internship and a freelance artist a fee of DKK 25,000 for a month’s work? And: should we make a pension contribution this time? You are not a killjoy either when you as a musician question the festival line-up: Why are the women’s names in small letters and the men’s names in capital letters? Where are the gender minorities in your line up? These questions are expected! And it’s appropriate to ask in a Danish theatre: Why am I the only brown person in your ensemble? Or say: Why is there no Inuk actor here? Or simply, when planning a guest performance: Should we take the train to Vienna? And do we count working days and pay the babysitter for the extra time it takes?
Solidarity, diversity, sustainability, trust and transparency. The five values give rise to the arts and culture sector talking about
more than audience groups and tickets sold: turning the success criteria inwards and insisting that outward success is only success if the hinterland is also in balance. The Fair Practice Code gives researchers in Danish arts and cultural studies the opportunity to focus on production aesthetics and lived lives, rather than just looking at the appearance and reception of art. This gives rise to conversations between education programmes, art practitioners, institutions and research from an infrastructural perspective: What framework ensures peace of mind for artists? How do working conditions affect the design of the exhibition? And how does the (mis)trust of critics, foundations, curators and juries also shape artistic quality?
The Fair Practice Code can take some of the burden off the shoulders of labour activists who have worked for equal access and better representation such as #undskyldvierher, A Bigger Picture, the Music Movement of 2019 or The Union – cultural workers union for BIPOCs in Denmark. When the Fair Practice Code is installed, we will have conversations about access to the buildings, about fair payment, about (green) sustainability, about adequate and non-stereotyping representation, about viable artist lives beyond the debut, the solo exhibition and a sold-out tour. And the great thing is that we give each other a handshake that we want to have those conversations. And the conversations are filled with anticipation and another handshake: the promise of solidarity to improve the conditions for art. After the many handshakes, semi-high on optimism, we ask what the action plans for diversity and green sustainability look like. And it’s an obvious and welcomed question.
It is small, everyday questions about vegetarian food in the canteen juxtaposed with discrimination-confronting conversations about asymmetrical lives in the arts and culture sector that the Fair Practice Code composes: a lasting composition of questions, beyond temporary and political initiatives. When the issues of fairness are put forward as a chorus, it can be heard in
the Ministry of Culture (and resonates further: Ministry of Social Affairs, Ministry of Finance, The Prime Minister’s Office).
BY SIGNE KLEJS Artist, chair of KUFA – The Artists’ Trade Union
The Fair Practice Code is an obvious opportunity to redefine and renew working conditions in the Danish arts and culture sector. The code of practice has the potential to not only strengthen ongoing initiatives, but also fundamentally improve the way we perceive collaboration and value creation within the industry.
As the chair of KUFA – The Artists’ Trade Union, I see the challenges our members face on a daily basis. Too many artists struggle with unstable work lives, and many are forced to have second jobs in other sectors, creating a split focus and less time for the artistic process. This is an unsatisfactory and unsustainable situation that undermines the professional potential of the entire art field.
It is essential to recognise that art and culture contribute significantly to society –not only culturally, but also economically. In fact, the arts and culture sector generates economic value on par with other industries, such as agriculture and food production. This can be read in the Ministry of Culture’s cultural policy report from 2023. The economic reality deserves far greater recognition and must be reflected in the way we value and support artists’ work.
With the Fair Practice Code and its five pillars, we have a specific tool to address and improve the precarious working conditions that many artists face. The code of practice will legitimise the important conversation that will change the premise of negotiation processes and ensure that artists’ contributions are recognised and rewarded equally with other professional services.
The Fair Practice Code will also strengthen the position of cultural consumers
by allowing them to choose productions created under fair and equitable conditions. It creates a responsible consumer culture that actively supports and promotes fair working practices.
From KUFA’s perspective, the Fair Practice Code is the necessary tool to tackle both visible and hidden barriers in the working reality of artists.
With the increased focus on issues such as power asymmetry, representation and bias in recent years, it’s clear that the time has come for change. Art is not just a mirror of the present; it is a force that shapes the future. By adopting the Fair Practice Code as a standard practice, we will not only change the art scene, but the entire cultural landscape. Change is necessary and the time to act is now.
BY ANOTHER LIFE COMMUNITY
Another Life Community has long been committed to promoting justice and social sustainability in all aspects of our work in the Danish music and cultural scene. Through nuanced data collection and knowledge sharing, we have helped to broaden, deepen and focus the conversations around representation, inequality and discrimination. That is why we believe that together with Fair Practice, we can strengthen efforts and help create a sector that has better insight into privilege, norms and broader representation.
Another Life and Fair Practice share many of the same values, including the importance of broad representation, socially sustainable recruitment, a positive work environment that ensures employee well-being, and sustainability both socially and environmentally. We believe that focusing on broad representation, discrimination, equal access and increased well-being should be deeply integrated into all processes and decisions, rather than being isolated elements. There is potential to create positive change by ensuring that these values become a central part of Danish cultural life,
for example, through the fair practice code that is to be developed.
We see a number of challenges and opportunities in Fair Practice to ensure the best possible implementation of the project.
The potential of Fair Practice is to ensure transparency in the development and implementation of a Fair Practice Code. Transparency is essential to build trust among stakeholders, and we see an opportunity to create two types of accounts to support the development towards a better culture life.
The first is well-being and representation accounting, which can promote transparency through openness about work environments and employee well-being. Implementing this as part of Fair Practice ensures that any challenges can be addressed and resolved in an open and constructive way.
The second is a climate report that documents an institution’s climate impact and efforts to reduce carbon emissions and other environmental footprints. This will create transparency around artists and creative professionals’ environmental performance and commitments to society and future generations.
By implementing such accounts, it’s easier to move from challenges to development. You shouldn’t be afraid to take the bull by the horns and address the challenges that exist. You can act proactively by tackling problems head-on and acting decisively to solve them, rather than bypassing the real issues and challenges with an overly positivistic approach.
A big and important topic within Fair Practice is the potential to create transparency around pay and working conditions in the culture sector. This will eventually make it easier to manage pay and working conditions, promote psychological security and reduce precarious employment.
If you choose not to comply the principles of the Fair Practice Code, it can again be beneficial to be honest and transparent about why you are not able to do so. So,
we see huge potential in implementing the Comply or Explain principle, which is part of Fair Practice.
Another Life’s report 'Representation and Discrimination in the Danish Music Industry 2022' shows that networking is essential for a career in culture, but that minoritised people opt out of networking activities for fear of being discriminated against and treated differently. All initiatives should keep this in mind as it can affect participation and representation in the initiative. Fair Practice can avoid this by taking steps to ensure that invitations are extended widely and by articulating good ways to meet each other at networking events. The latter could be encouragement and advice for the space you want to create together. This can either be something you encourage verbally or a letter you write and send with the invitations.
Furthermore, the Fair Practice principles must be put into practice by the artists and creative professionals who are part of it, so they know how to act. Therefore, there is a need for clear action plans, practical insights and knowledge of the consequences of violating the Fair Practice guidelines.
In particular, the desire for training, knowledge and specific tools to create and ensure equal access in the sector will be crucial. There is a lack of precise language and clear definitions of what is considered fair in practice. We believe that through collaboration with organisations like Another Life, the project will have the opportunity to develop and implement effective strategies and initiatives that address these needs in a meaningful way.
The climate crisis is a structural problem and therefore a political responsibility. It is therefore a huge problem that there is no sustainable infrastructure in place to make the sustainable choice both easier and cheaper. Fair Practice could help the political system to create sustainable guidelines. If we get this certification, art institutions and artists will be supported to make the sustainable choice.
Franciska Rosenkilde Political leader of The Alternative party panel debate the Culture Meeting Mors (Kulturmødet Mors), 24.08.2023
BY CHRISTIAN GADE BJERRUM, Co-founder and co-leader of Sustainable
Cultural Life NOW (Bæredygtigt
Kulturliv NU)
‘One of the reasons why we are not further ahead with the green transition in Europe is because of the absence of art and culture.’
That, among many other things, is the conclusion of my friend, speculative artist and ecological thinker, Madeleine Kate McGowan, after reading the latest IPCC report. The fact that the absence of art is one of the reasons why we are no longer here is unique. Which leads to an obvious follow-up question: What should we do to make art and culture take responsibility and fulfil its potential?
There are many answers to this question, and from my perspective as co-leader of the interest organisation Sustainable Cultural Life NOW (Bæredygtigt kultur NU), which works with green, sustainable transition in the cultural sector, one of the answers is straightforward: Get your house in order! By that I mean that things needs to be sorted out, rearranged, organised! The way we produce, transport, distribute and operate buildings must be transformed into sustainable, climate-friendly practices. That's on all parameters.
The way you talk and collaborate with colleagues needs to be restructured, redefined and transformed.
It's a huge task – it's deeply necessary work – that all art and cultural institutions, all art and cultural professionals need to get started on.
Some are further along than others. Some are just getting started. Some need to learn from others. And wherever you are in this evolving process, guidelines, focused discussions and constructive spaces for action are helpful and necessary, and this is where Fair Practice comes in.
It has been an enriching and insightful experience to participate in the process and contribute content, ideas and inspiration for a Danish version of a Fair Practice Code. Of
from workshop, 20.9.2023 Photographer:
Zuhal Kocan
course, we are delighted that green sustainability, which is our primary focus, is so much in the consciousness of Danish artists and cultural professionals.
We also see it as an expression of art and culture becoming more aware of its responsibility to create a future where we actively transition to sustainable operations and production, and communicate about it. We need to share more knowledge, experiences and best practices with each other to be inspired and get a sense of community around the green agenda.
Working with sustainability in all its nuances can be so challenging and complex because the more you immerse yourself in it, the more you realise how difficult it is.
Fair Practice is not the final solution to solve all the problems, but it is an essential tool because it creates a common ground and a shared awareness of the issues that everyone is working on in their own little territory. We look forward to further collaboration and discussions, building on the strong foundation from the Netherlands and continuing the exciting, difficult and necessary conversations to support the many specific efforts and initiatives across the culture sector, so that we can put the well-intentioned, well-formulated and important words into action.
BY RIKKE BANK & HANDE DOGAN MA Leadership in Sustainability at Malmö University
Given the persistent challenges facing the cultural and creative sectors – including job insecurity, economic instability, exploitation, inequality, power imbalances and limited access to social services – we have dedicated the past few months to writing our thesis on how to navigate these complexities. Our research therefore explores how the principles of the Fair Practice Code and sustainability management can broaden the understanding of social sustainability within those sectors and provide insights to guide sustainable development.
Access to safe and healthy work environments isn’t just about politics – it’s a basic human right. According to Article 23 of the Universal Declaration of Human Rights, everyone has the right to freely choose their job and be protected against unemployment. The declaration also emphasises principles such as equal pay for equal work, the right to form and join trade unions, and access to social protection, highlighting the need for fair and ethical treatment of all workers.
By opening this conversation, the Fair Practice Code serves as a moral compass with the potential to guide the future course of the cultural and creative sectors. It engages the entire ecosystem by empowering individuals to collectively create better working conditions. In this way, the code represents a paradigm shift that challenges ingrained narratives and systemic problems. By embracing core values such as trust, transparency, diversity, solidarity and sustainability, the code has the capacity to cultivate a more cohesive and resilient landscape. Improving working conditions is a crucial step to unlock the full potential of the cultural and creative sectors and be prepared for future crises. The Fair Practice Code can guide this transformation by steering policies and practices towards a fairer, sustainable and more inclusive work climate within human and planetary boundaries. By embracing its principles and values, stakeholders can work together to create a thriving ecosystem that benefits artists, cultural workers and society as a whole.
BY FINN SCHUMACKER
Director of AEC, the Association Européenne des Conservatoires, Académies de Musique et Musikhochschulen
More and more people, organisations, NGOs, entire industries and politicians in Denmark and around the world are working to adapt our social models to the 17 SDGs adopted by the UN in 2015. This requires a huge effort, especially because we need to question whether growth as we normally understand it, i.e. primarily economic, can stand alone in the fight against poverty and inequality and for better well-being and decent jobs for all.
Slowly but surely, a more balanced view is emerging where economic growth is set against – or even made dependent on – human value. There is talk of replacing homo economicus with homo empaticus, where human dignity is put at the centre and where economic decisions are based on moral considerations and not just a question of who gets more.
In this context, the Fair Practice Code comes in with an already well-developed model for the culture sector, containing a set of five principles and values: solidarity, transparency, trust, diversity and sustainability. The model is a great example of a proven framework that has the potential to structure our conversations and help us identify the many areas where we need to find new solutions together for a sustainable future for artists, art and its institutions.
As we all know, art and culture does not have its own SDG, and therein lies a strength, but also a challenge. The power lies in the very nature of art, which, with its unique ability to touch our emotions, has the ability to let us see and feel the world around us and find the essential, the truly meaningful for each of us. In other words: Creating the realisation needed to dare to make new, meaningful choices.
The job for the culture sector is firstly the realisation that art and culture have three fundamental values; one intrinsic, one institutional and one instrumental. The latter is
often seen as restricting artistic freedom, but with all 193 UN member states behind the resolution to create sustainable development for the future of the planet, there should be a basis for conversations between artists and politicians about how art and culture can be part of the effort across all SDGs.
This brings us to the real job of the culture sector, which is to ensure that cultural institutions and organisations across a broad field embrace the Fair Practice Code and the associated values and place them in the grand narrative of the need for sustainable development. It will provide a strong platform for discussions with political levels and social organisations on legislative and structural reforms, and support the cultural developments already underway, including green and social sustainability.
The Fair Practice Code’s clear framing of human values could help strengthen the overall position of art and culture in society at a time when we are threatened by geopolitical tensions, fake news and polarisation. Such increased recognition would be another important argument in favour of improving conditions for everyone in the culture sector, whether in an institutional setting or for individual artists.
One of the things I’ve learnt the hard way in my working life is to try to understand the economics behind it. I always ask to see what’s called the costing, which is the entire calculation for the night I’m doing shows. There are all sorts of things that come into play when I decide what price is fair, but the most important thing is actually the calculation: How much do they expect to make? What does everyone else get? For example, it can’t be right that I get less than the person who does the sound or lighting, we should at least get the same. The artists are neither more important nor better than them, but if they get paid, those of us on stage should get paid too. So, more transparency around the costing of the events that are organised.
Emma Holten Debater, author, consultant Panel debate
Findings
‘The work of artists and culture creators contributes to society by generating economic, business and technological development, among other things. However, art and culture also create new realisations, strengthen communities across social divides and provide quality of life in people’s everyday lives. Therefore, there is an ongoing need to focus on the conditions under which art and culture are created, so we can create the best possible framework for a well-functioning art and cultural life in Denmark.’
From the Council of Danish Artists’ report 'Artists in figures (Kunstnere i tal)' (2024).
Based on the exploration of the Dutch Fair Practice Code together with a broad group of representatives from the Danish culture sector, there is no doubt that the sector sees a great need to rethink and change the sector’s structures. The initiative has involved more than 100 artists, producers and representatives of cultural institutions, and many more have shown interest in the Fair Practice model and its potential. We have been met with an incredible amount of interest in participating in a collective space for rethinking the cultural field framework and knowledge sharing across the sector.
The Dutch model has been received as an important, specific and useful tool for creating fair and professional working conditions for artists and cultural workers, which can be used as a starting point for developing a Danish version. Across the cultural field, those involved have agreed that the five values of the Dutch Fair Practice Code are interrelated and all must be
taken into account in efforts to improve working conditions. A code of practice can help define a new norm for art and cultural production, as the five values of the Dutch model encompass all the aspects that should be present in a good and professional working environment.
As the Council of Danish Artists concludes in the report 'Artists in numbers', it is important to focus on the working conditions for artists and cultural workers, and thus the conditions under which the art that creates great value in society is created. The working lives of artists and culture creators are diverse, but across all art forms there are many freelancers. There are therefore many issues of precariousness that recur across the various art fields, and it makes sense in Denmark, as in the Netherlands, to work together across the culture field to create better working conditions in the culture sector at large.
A code of practice can help to ensure that a large part of the content of the working environment law that applies to permanent employees also applies to freelancers and contract artists, and thus that what we in Denmark consider to be the prerequisites for decent working conditions for part of the labour force can also apply to other parts –regardless of employment conditions.
The artists and creative professionals also see the social, economic and green aspects of sustainability as closely linked, and green transition as a crucial premise for the arts and culture field in line with the rest of society. There is therefore no doubt that green sustainability in a Danish version of a Fair Practice Code must be an integral part of this value if the code of practice is to work in the Danish cultural industry.
Developing and establishing decent working conditions for artists and cultural professionals based on standards and specific tools is something that is happening more and more in Europe, as the OMC Group report The status and working conditions of artists and cultural and creative professionals documents (2023).
The OMC Group report reviews all the different initiatives that EU member states are trying out to create better conditions and makes recommendations on what the most important next steps could be. They emphasise that none of the models and initiatives they have come across solve all the challenges of precarious work, but that the Dutch Fair Practice Code is one of the most comprehensive models.
Creating a code of practice for the entire cultural field is an ambitious goal that will take time. Interim goals and further research on the model, its potential and possible consequences are therefore the necessary next steps. This work needs to be developed and supported by many stakeholders, and conversations with cultural institutions and the political field need to be increased and strengthened.
The culture sector’s labour market is international, and if Denmark becomes part of this movement, we cannot only benefit from the experiences that already exist, but also contribute to developing and qualifying new models and sharing our good experiences so that artists across borders meet similar standards for the conditions they work under. We therefore recommend that the Fair Practice Code and the experiences from the Netherlands are used as a starting point to establish a code of practice for decent working conditions for artists and cultural workers in Denmark.
Photographer: Zuhal Kocan
OVERVIEW OF ACTIVITIES AND CONTRIBUTORS*
* The titles of the contributors and participants when holding the activities
FEBRUARY 2023:
Meeting with Anne-Mette Wehmüller, Head of Secretariat the Council of Danish Artists
MARCH 2023:
Meeting with Anne Breure, Director of Theater Utrecht and co-initiator of the Fair Practice Code in the Netherlands
MARCH – JUNE 2023:
Ongoing meetings with Eline Sigfusson, political and strategic developer & Helene Øllgaard, business developer and art adviser
JUNE 2023:
Fair Practice Culture Workshop 1
Participants:
Andreas Vermehren Holm, author, translator, publishing editor Forlaget Virkelig
Anna Krogh, Director Sorø Art Museum
Betina Rex, Interim Artistic Director HAUT Caspar Eric, Poet
Cecilie Ullerup Smith, Performance artist, assistant professor at the research centre
Art as a Forum (Kunsten som Forum)
Chris L. Halstrøm, Furniture designer, artist
Christian Gade Bjerrum, Actor, co-founder of Sustainable Cultural Life NOW (Bæredygtigt kultur NU)
Conny Jørgensen, Director Rosa – Danish Rock Council
Ege Bejer Heckmann, Film and video production, co-founder CEO Green Producers Club Denmark
Emilie Thit Stilling Netteberg, Planner and producer The Royal Danish Theatre
Emma Holten, Debater, speaker, adviser
Finn Schumacker, Chair of the Board of DEOO – Danish Ensembles, Orchestras & Opera Institutions, Chair of the Association of Danish Cultural Boards (Danske Kulturbestyrelser)
Frederik Rørmann Art historian, member of the UKK board
Sine Tofte Hannibal, General manager of the Danish Composers’ Society, Project manager Fair Practice Culture
Skye Jin,Visual artist, Permaculture designer
Sofie Westh, Co-Founder and project manager Another Life Community
Sofie Holst Hansen, Deputy manager Tempi, project manager Art & Culture in Balance (Kunst & Kultur i Balance)
Tina Schelle, Communication, grant adviser, member services of the Danish Composers’ Society
Yeong-Ran Suh, Choreographer, artistic researcher
AUGUST 2023:
Fair Practice Culture Panel debate at the Culture Meeting Mors (Kulturmødet Mors): Is a 'culture Nordic Eco-label’ the way to a more sustainable culture sector in Denmark?
With the participation of Emma Holten, debater & speaker, Franciska Rosenkilde, political leader of The Alternative party, Thomas Sandberg, chair of the Council of Danish Artists, Maj Horn, visual artist, Sine Tofte Hannibal, General manager of the Danish Composers’ Society. Moderated by Lene Johansen
SEPTEMBER 2023:
Fair Practice Culture Workshop 2
Participants:
Diêm Camille, Series creator, actor
Fafaya Mogensen, Curator, Art Hub
Copenhagen
Gitte Wahl, Head of post-production, IT & Sustainability, SAM Productions
Jeppe Bo Rasmussen, Head of Public Affairs and Communication in Arts, Bikuben Foundation
Joana Ellen Öhlschläger, Choreographer, dancer & producer, KOMMA Performance Productions
Kaspar Bonnén, Visual artist
Kirstine Lindemann, Composer, performer
Lars Kynde, Composer, sound artist
Maj Horn, Visual artist, organiser
Mark Solborg, Musician
Melanie Kitti, Visual artist, author
Mikkel Bogh, Head, Centre for Practicebased Art Studies, University of Copehagen
Rosa Lois Balle Yahiya, Head of organisation & founder Another Life Community
Signe Klejs, Visual artist, chair of KUFA
Sine Tofte Hannibal, General manager of the Danish Composers’ Society
Nanna Gro Henningsen, Visual artist, art historian
Rasmus Kloster Bro, Film director, screenwriter, chair of the board of Danish Film Directors
Sophie Bruun, board member of IMMART
Sine Tofte Hannibal, General manager of the Danish Composers’ Society
Participation in ECSA network meeting in London (European Composer and Songwriter Alliance).
NOVEMBER 2023:
Meeting and workshop: Jointly boosting green sustainability in the culture sector. On the initiative of the Culture Analysis Institute (Kulturens Analyseinstitut). Facilitated by Sustainable Cultural Life NOW (Bæredygtigt kultur NU).
Fair Practice Culture Workshop 4
Participants:
Anne-Mette Wehmüller, Head of Secretariat, the Council of Danish Artists
Anthony Dexter Giannelli, Artist, writer, board member of UKK
Carsten B. Kristensen, Chair of Danish Designers for Stage and Screen (Danske scenografer)
Elin Ferm, Co-Founder and Equality Consultant at NORM
Elvira Mormino, Editor, Wilhelm Hansen Music Publishing
Frederik Rørmann, Art historian, member of the UKK board
Gitte Wahl Folmann, Filmography, producer
Gro Sarauw, Visual artist, organiser
Julienne Doko, Dancer, performer, choreographer
Kai Merke, Dancer, choreographer
Kevin Malcolm, Artist
Lars Kynde, Composer, sound artist
Line Tjørnhøj, Composer, deputy chair of the board of the Danish Composers’ Society
Maj Horn, Visual artist, organiser
Marie Wengler, Artist, PhD fellow
Mark Solborg, Musician
Mette Riise, Visual artist
Michelle Demant, communication and projects, the Danish Composers’ Society
Oskar Kurtzweil, Architect
Pernille Rask Jensen, Head of Secretariat, Danish Designers for Stage and Screen (Danske scenografer)
Peter Folkmar, Graphic designer, co-founder Post Design Festival
Rasmus Nielsen, Visual artist
Rikke Bank, Art mediator, curator, student on the Master’s programme Leadership for Sustainability
Sine Tofte Hannibal, General manager of the Danish Composers’ Society
Sofie Westh, Co-Founder and project manager Another Life Community
SØS Gunver Ryberg, Electronic composer
Xenia Pallesen, PhD student in Art History at the University of Copenhagen
DECEMBER 2023:
Conversations with Anne Zacho Søgaard, performer based between Copenhagen and Berlin. She and others from the performing arts sector are working to develop a fair practice code in Germany.
JANUARY 2024:
Meeting with Rikke Bank, MA Leadership in Sustainability at Malmö University
Meeting with Marie Thams, visual artist and chair of Danish Visual Artists (Billedkunstnernes Forbund – BKF) & Karen
Mette Fog Pedersen, course and project manager BKF
FEBRUARY 2024:
Discussion meeting with Christine Bruun, head of the Central Library and programme manager of Culture for All & Melanie Holst, project employee at Culture for All
Meeting with Jacob Teglgaard, co-founder and leader of Sustainable Cultural Life NOW
MARCH
2023:
Meeting with Rasmus Steenberger, Green Left (SF) politician in the City of Copenhagen
Participation in ECSA network meeting in Brussels (European Composer and Songwriter Alliance)
Meeting with Jacob Teglgaard, special consultant and communicator – green sustainability in culture at the Culture Analysis Institute (Kulturens Analyseinstitut) & Esben
KILDER
Bille, T. et al. (2018). Billedkunstens økonomiske rum –Danske billedkunstneres
Cultuur+Ondernemen, (2019). The Cultural Governance Code
Dansk Kunstnerråd, (2024). Kunstnere i tal
Danmarks Statistik, (2022). Afrapportering af Covid-19 pandemiens indvirkning på kunstnernes indtjening og beskæftigelse
European Commission, (2023). The status and working conditions of artists and cultural and creative professionals – Report of the OMC (Open Method of Coordination) group of EU Member States; experts
Danielsen, Director, the Culture Analysis Institute (Kulturens Analyseinstitut)
MAY 2024:
Meeting with Hende Dogan & Rikke Bank, MA Leadership in Sustainability at Malmö University
Meeting with Søren Bang Jensen, chair of the Council of Danish Artists
JUNE 2024:
Participation in a panel debate at Scenekunsten’s Annual Meeting. Moderated by Naja Lee Jensen, artistic director HAUT
Europarådet, (1950). Den Europæiske Menneskerettighedskonvention.
Fair Practice Code, (2019).
Gleerup, J. et al. (2018). Prekarisering – og akademisk arbejde. Frydenlund Academic
Fair Practice Culture – A study of a code of practice for art and culture
Published August 2024 by the Danish Composers’ Society & UKK –Organisation for Artists, Curators and Art Mediators
Project leaders and authors: Sine Tofte Hannibal, General manager of the Danish Composers’ Society and chair of the Fair Practice working group in the European network ECSA & Maj Horn, artist and former chair of UKK
Text contributions: Cecilie Ullerup Schmidt, Signe Klejs, Another Life Community, Christian Gade Bjerrum, Rikke Bank & Hande Dogan, Finn Schumacker
Translation from Danish into English: eTranslate
Graphic design and layout: Hanna Bergman
Typeface: HW Cigars Regular
Photography: Sine Nielsen, Zuhal Kocan, Eduardo Abrantes, Michelle Demant
Collaboration on content: Marie Thams, artist and chair of BKF, Jacob Teglgaard, project manager – green sustainability at The Culture Research Institute (Kulturens Analyseinstitut) and the boards of the Danish Composers’ Society & UKK
Proofreading: Tina Schelle, Sine Tofte Hannibal
Print: Lasertryk
Languages: Danish (digital and print) and English (digital)
The physical version can be ordered for DKK 0 at: The Danish Composers’ Society/Sine Tofte Hannibal Lautrupsgade 9, 2100 Copenhagen, Denmark Email: dkf@komponistforeningen.dk
The initiative and the report are supported by the Bikuben Foundation, Augustinus Foundation, the Danish Composers’ Society/Koda Kultur and UKK
The organisations behind it:
The Danish Composers’ Society (DKF) is a membership association and interest organisation for professional composers and sound artists with 320 members. Working conditions and economic conditions are a central part of the society’s work and are realised through a number of different initiatives and collaborations across the culture sector. DKF is a member of a working group in ECSA, the European Composers and Songwriters Alliance, which works with Fair Practice at a European level.
UKK – Organisation for Artists, Curators and Art Mediators work for a visual arts field with greater diversity, new forms of practice and mission-oriented development. We see a need for a comprehensive cultural change that values artistic and curatorial work more highly and creates an economic framework and working conditions that enable development and experimentation for the field.
The project is generously supported by the Bikuben Foundation, Augustinus Foundation, the Danish Composers’ Society/Koda Kultur and UKK. Thank you to the Danish Art Workshops (Statens Værksteder) and Til Vægs for hosting the workshops.
