The Fair Practice Code (English version)

Considering that:

- The cultural and creative sector represents an indispensable value in Dutch society and serves a broad societal interest.

- The cultural and creative sector is the calling card of the Netherlands and contributes significantly to our international reputation as an innovative, entrepreneurial and creative country.

- The creativity and expressivity of artists and creatives are at the heart of the unique value this sector represents for society.

- The cultural and creative sector benefits from a wide variety of organisations, businesses and independent professionals in a wide range of fields.

- The economic value created by the cultural and creative sector often does not end up in the sector or with the maker.

- Everyone who carries out work has the right to fair and favourable remuneration, which assures him/her and his/her family of a dignified life, which remuneration will be supplemented, if necessary, by other means of social protection (Universal Human Rights, Article 23.3).

- Strengthening working relations and working conditions is in the interest of a forward-looking, innovative cultural and creative sector.

Users of the Fair Practice set themselves the following goal:

To, with due consideration of:

The Governance Code Culture The Cultural Diversity Code

Jointly promote Fair Pay, Fair Share and Fair Chain:

- A fair, sustainable and transparent operational management, and to take account of each other’s interests with respect, solidarity and trust, in the service of a strong sector that fully utilises and makes profitable the potential and opportunities of creative professionals and artists.

And to promote and uphold the following core values:

Solidarity

  • Performed work is matched by fair remuneration
  • Collective employment agreements (CAOs) and honorarium guidelines are applied as much as possible. Reasonable and fair payment is made to (freelance) professionals if a collective employment agreement does not apply. Agreements on fees and remunerations can be developed for each discipline, in the event of their absence. Parties will also agree together on fair copyright remuneration for exploitation agreements, based on Article 25c of the Copyright Act (Auteurswet).
  • Considering the importance of flexibility within the sector, close attention is paid to the ratio between paid and unpaid workers, to pseudo-independence, fringe benefits and equal treatment. Offering a volunteer or traineeship position therefore requires a clear description of the job, the employment conditions, and a suitable remuneration.
  • Clients (cultural institutes or artists) only work with (sub-) contractors who observe the Fair Practice Code.
  • For pitches and competition policies, the professional work performed by the participants is remunerated.
  • The cultural and creative sector must jointly build and maintain a strong professional field
  • For instance, by uniting and by sharing, and by financing the collective.
  • By contributing to the collective protection and promotion of interests, and by supporting education programmes and entrepreneurship.

Transparency

  • Organisations’ operational management (from funds to independent professionals and everything in between) is as transparent as possible
  • Information on operational management is shared and made publicly accessible as much as possible, giving insight into one another’s situation.
  • The Fair Practice Code is propagated and accounted for
  • Publicly and privately funded institutions accept the responsibility to apply the Code according to the ‘apply and explain’ principle.
  • Artists and institutions will discuss the Code in their project reports and annual reports.
  • The Governance Code Culture is propagated and observed.
  • Knowledge and expertise are shared if and when possible.
  • The Fair Practice Code is also observed by sub-contractors.

Sustainability

  • Work is produced with a view to quality and to the long term
  • This implies investing in the potential and further development of workers in the field, and that:

 Opportunities for further education and development are offered where possible

 Evaluation is part of any collaboration

 Employers and employees jointly take responsibility to prevent mental and physical overburdening

  • It means that the sector makes a collective effort to develop shared policy with respect to responsible market behaviour.
  • It means that workers in the field accept the responsibility to not offer their services at a price below the cost price.
  • It implies a constructive approach to all the material and immaterial assets in the sector, with respect for personal investments in the cultural products.

Diversity

  • All parties work towards enhancing inclusivity within the sector. This not only pertains to cultural or ethnic background, but also gender, sexual orientation, age, knowledge and skills, and socioeconomic background.
  • All parties accept responsibility for the implementation of the Cultural Diversity Code, by implementing it within their own organisation and in the field, and by addressing other parties’ responsibility in this respect.
  • All parties accept responsibility for diversity in terms of public, programme and personnel, and in representation forums and policy-making processes.
  • The structure of the internal organisation and the employment conditions are adapted accordingly, where necessary.

Trust

  • There needs to be scope for tailored approaches, for instance with regard to 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.
  • Quality is the basic premise.
  • Parties will treat representation and reference conscientiously by paying due attention to ownership, source acknowledgement and rights payment.
  • Parties provide for a low-threshold manner to settle disputes, for instance by registering with the copyright contracts disputes committee.
  • Parties attempt to settle disputes through mutual consultation. The copyright contracts disputes committee can assist in case of disputes relating to the exploitation agreement through mediation and binding advice.

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