Polish draft law on professional artists explained

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A draft law focused on professional artists, introduced by Prime Minister Mateusz Morawiecki, was submitted to the Sejm. During parliamentary proceedings, the government position on the issue was to be expressed by the Minister of Culture and National Heritage, as the Prime Minister noted.

The project, prepared by the Ministry of Culture and National Heritage, emphasizes a plan to place artists within the general pension, disability, and health insurance system while providing a support mechanism to help with contribution payments. The framework defines who qualifies as a professional artist and outlines the activities that fall under this definition.

The intention is to grant professional artists certain rights independently of whether an individual holds copyright to the creator’s rights or neighboring rights in an artwork, regardless of the specific legal situation of the artwork in question.

Artist permissions

Among the provisions, the bill envisions the creation of the Polish Chamber of Artists. This body would handle matters such as confirming or updating professional qualifications, supplying subsidies to artists for social security and health insurance contributions, and providing social support. The chamber council would include fourteen representatives from artists’ organizations, five from the minister responsible for culture and national heritage, one from the minister responsible for social security, and one from the Social Insurance Institution.

The rules cover procedures for obtaining, certifying, and updating qualifications based on achievements verified by representative artistic organizations, as well as income from artistic activities. They also regulate how artists access the social and health insurance systems, aligning with the functioning of the insurance framework. Artistry without an additional title from business activity or employment would see contributions calculated on a basis up to the minimum wage.

It is proposed that the state budget will fund subsidies for social and health insurance for the lowest-earning artists, ensuring a safety net for those at the start of their careers. The approach aims to provide a stable path for artistic professionals to participate in public protection schemes.

Professional artist

The bill outlines that professional artists should pay pension, health, and disability insurance premiums aligned with their status as professionals. If a professional artist’s average monthly income from all activities falls below 80 percent of the previous year’s average national salary, a subsidy may be granted on request. This subsidy would cover a portion of mandatory social security and health insurance contributions, up to a ceiling tied to the minimum wage.

A Professional Artist Card is planned, resembling programs like the Large Family Card, to unlock packages, benefits, and discounts for this group. The new rules affirm that every artistic activity has a creative character, regardless of whether the artist holds property rights or related rights under copyright law. This recognition could lead to reduced costs on earnings from artistic activities for many professionals.

Notes: See discussion of broader contributions to protecting national heritage and related cultural protections linked to government patronage of historic sites and monuments. Attribution: wPolityce.

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