Arts Group

The full report is here…this is what it has to say on “Interns and Internships”:

4.76 Evidence from stakeholders continues to indicate that labels such as

‘volunteer’, ‘intern’ or ‘work experience’ were sometimes applied to

activities that are clearly work and for which at least the minimum wage should be paid.

In its evidence, Equity said that there was an ongoing

problem of unpaid work, particularly with walk-on roles that offer no pay.

Interns Anonymous claimed that interns were being used by employers

to cut the cost of basic administration and entry level jobs. In his

evidence, Mark Watson submitted 140 adverts for unpaid interns and

work experience that appeared to break minimum wage rules. In its oral

evidence, the National Union of Journalists (NUJ) said that many people

who were undertaking work experience were actually doing jobs that

employers relied on, particularly in television and consumer magazines.

It said that there was an over-supply of people desperate to work in the

media industry and employers have built unpaid work placements into

their business model. In its oral evidence BECTU said that some well

established companies used the terms ‘volunteer’, ‘intern’, ‘trainee’ or

‘work experience’ in the entertainment industry to encourage people to

undertake unpaid roles which included basic office work, digitising

material and writing up transcripts.

4.77 It is becoming increasingly commonplace in certain sectors, particularly

the media, entertainment industry and in politics, for employers to

demand a period of unpaid work experience as a means of getting into

the industry. The Government’s Fair Access to the Professions report

highlighted the issue of unpaid internships and how they serve to limit

career choices to those who can afford to work unpaid and those who

live near London. We received evidence from several individuals and

organisations that confirmed this finding. Interns Anonymous claimed

that it was difficult to gain employment with MPs or political parties

without intern experience in parliament. In its oral evidence the NUJ said

that it was hard to get a job in journalism without having previous work

experience but despite people undertaking internships, there was often

no prospect of a permanent job for interns. It estimated that only 30 per

cent of unpaid journalist positions resulted in permanent jobs. In his

evidence Mark Watson said that a period of unpaid work was now

regarded as an unofficial price of entry into many industries, resulting in

large numbers of young people failing to be paid the minimum wage

where it was due. The TUC said it did not believe that employers should

be able to demand a toll of unpaid work before awarding jobs as this

puts those people without parental financial support at a disadvantage.

4.78 We recognise the benefit to young people undertaking work experience

and do not want to stop individuals undertaking genuine work experience placements or discourage employers from offering good quality opportunities. Our view has always been that unpaid work experience is an area where wider dissemination of guidance and more

effective enforcement is needed, rather than any change to the rules

themselves. However, we are concerned about the increasing number

of organisations that are relying on interns, often for several months, to

perform work for no pay. The evidence we received on unpaid work

experience indicates that there is systematic abuse of interns, with a

growing number of people undertaking ‘work’ but excluded from the

minimum wage.

4.79 We have expressed our concerns about unpaid internships to BIS

throughout the year and it has responded positively. In its evidence to

us, BIS said that it recognised the concern that was expressed in the

media about the inappropriate use of internships. It said that it would

consider whether there was anything further it could do to make its

guidance on work experience clearer for employers and interns and

increase awareness of the guidance. We further encourage BIS as part

of this work to engage directly with the sectors in which lengthy unpaid

internships have become the norm. We invite BIS to present its

proposed strategy to us by the summer.

4.80 We have also raised our concerns about unpaid internships and effective

enforcement with HMRC. HMRC responded that in none of the

complaint cases it had received in 2009 concerning interns was there

sufficient evidence to suggest that the individuals were ‘workers’. It

reported that it cannot get reliable figures on the number of interns who

complain because it does not record whether a worker regards

themselves as an intern when they ring the helpline. Stakeholders

confirmed that there was a reluctance on the part of some people

undertaking work experience, who believed they were a ‘worker’, to

report complaints to HMRC.

4.81 We understand that in some cases it is not clear or easy to define

whether a person is a ‘worker’ or on a period of unpaid work experience.

However, while it is not illegal to advertise jobs which do not pay at least

the minimum wage, we believe that HMRC should adopt a more proactive

approach to investigating cases and sectors where the term

‘intern’, ‘volunteer’ or ‘work experience’ is being applied, particularly

when work is clearly being advertised. HMRC has indicated that it may

be implementing a new enforcement approach in relation to interns.

We judge this is likely to be appropriate and have asked HMRC to keep

us aware of any developments. We will monitor these carefully.

________________________________________

Here’s what it says on actors and the creative sector in particular…

4.47 Equity highlighted the problem of work being offered for no pay, giving aspiring performers an opportunity to work in the industry. Our Secretariat also met two actors who raised the issue of the complex nature of the law in relation to the entertainment industry and of roles in TV and film being advertised as unpaid when they were clearly work. They wanted it to be made illegal to advertise work for no pay. The actors, along with Equity, had passed details of adverts offering work for no pay to HM Revenue & Customs (HMRC) and felt that some sort of sector specific guidance for employers and agencies in the entertainment industry would be beneficial.

4.48 During a visit to London we met a group of actors who told us of the problems those in the entertainment sector faced. These included: agencies taking their fees from a day’s pay, leaving the worker with less than the minimum wage, and offering no subsequent work to the actor; work being advertised for no pay (but sometimes with expenses); and the complex nature of the regulations in this sector. They told us that those in the industry were reluctant to report abuse for fear that they would subsequently find it difficult to obtain work.

4.49 In November 2009, an Employment Tribunal ruled that workers engaged on an expenses-only basis were entitled to payment at least in line with the National Minimum Wage. The case was brought by a department assistant against a film company and was supported by the Broadcasting Entertainment Cinematograph and Theatre Union (BECTU).

4.50 We have again heard this year about a number of problems faced by those working in the entertainment industry. We understand that the issues are not always as straightforward as they may appear and that two enforcement bodies, HMRC and the Employment Agencies Standards Inspectorate, have an involvement in this sector. While more may need to be done in relation to enforcement of existing regulations, we believe the production and publication of guidance specifically for the entertainment industry would go some way to highlighting the rights and obligations of employers, agencies and workers in the sector.

We therefore recommend that the Government produces, in conjunction with interested parties, sector specific guidance on the National Minimum Wage for the entertainment sector. We will monitor the situation with regard to this group of workers carefully and, following publication of the sector specific guidance, review the effect of its publication.

More information on the Low Pay Commission is available on their website at www.lowpay.gov.uk

The Liberal Democrats invited the Arts Group Chair, Kit Friend, to attend the launch of their new proposals entitled ‘The Power of Creativity’ . The celebrities were out in abundance with everyone from Imogen Heap to Rory Bremner milling around the tightly packed room at the Lords to hear an address by party leader, Nick Clegg.

Mr Clegg’s speech unfortunately seemed to plaguerise uncredited one of the best known speeches by Sir Ken Robinson but we’ll forgive him this one as it is very good. Perhaps more dubious was his claim the the Arts were ‘a duty’ for any government to support, which again probably had the right sentiments behind it, but could do with a little more work on if he wants to make it party mantra. For the record Nick we’d like to be seen as a strength, an opportunity, a vital contributor to society and at minimum a partner to Government and society – not something you’re obligated to look after.

The Arts team of Don Foster MP and Baronness Jane Bonham-Carter were on hand to introduce and speak to guests, and as usual did a fantastic job of raising the profile of creativity in government. Their approachability and willingness to except input from across the sector (including inviting the Arts Group to contribute to their policy discussions) should be welcomed, and even if we’re not going to see a Liberal government elected any time soon, it’s good to know people like them are on hand to put the pressure on with the other parties.

In terms of the actual content of the proposals, the Lib Dem press release has a capable summary of the highlights, including proposals to:

”

• Change the way the National Lottery is taxed to generate more money for arts and heritage as well as for the Treasury
• Provide support for new start-ups in the creative industries and enable more businesses to offer internships and apprenticeships
• Offer all our children a more creative education by freeing up the curriculum and increasing the amount of time trainee primary school teachers spend learning about the arts and creativity
• Make it easier for small venues to host live music events by reducing bureaucracy that restricts small venues
• Make sure the regions and cities outside London do not miss out by reviewing the Arts Council England’s funding structures and creating a new administrative status for national museums that will enable them to be more enterprising and independent
• Open up the Government Art Collection for greater public use “

The key points the Arts Group pushed in consultation were around our internships work and Further/Higher Education, which both have a mixed presence in the policy.

On internships…

“a new “Paid Internship” for the first year of the next parliament, enabling hundreds of thousands of young people to work for up to three months with any employer, without cost to the business. Each intern would be paid a new “Training Allowance” of £55 per week”

The Paid internship bit and supporting a scheme with little cost to employers is a good call, but £55 a week? Half of this would go on travel in London alone, and it falls dramatically short of National Minimum Wage. In fact, if the young people are ‘to work, and not in study, this is illegal even by current employment standards. Revise it to cover at least National Minimum Wage however, and this sounds like a great idea.

On further/higher education…

Development for either of these in a tangible sense is difficult to find from the policies, but there are some good statements…

“Creativity is undervalued in our education system. All too often cultural learning is seen as an ‘add-on’ while priority is given to what is measurable through exams and league tables. The Liberal Democrats will seek to change this perception and place creativity at the heart of our education system.

Similarly, creative skills have often been inadequately supported in our society. Government needs to offer more support to the creative industries to enable them to offer training opportunities through apprenticeships and internships and to foster greater levels of partnership working to share expertise.”

It’s nice to hear Skillset and other agencies also mentioned explicitly…

“We are fully supportive of the invaluable work being done by Skillset through their academies network and training programmes and advice. We will ensure that government structures and regulation don’t form a barrier to creative organisations working in partnership with higher education providers in setting up academies and training courses.”

FE & HE aren’t mentioned explicitly elsewhere, and our input to the policy to look at making Arts education at this level more accessable by making sure materials and associated costs of study were covered by student finance appear not to have made the cut. However we’ve invited the team to join us at the National Arts Student Summit so with any luck they can be challenged to make some pledges there.

More than 200 new arts jobs across London & Essex have been given the green light thanks to NDotM (New Deal of the Mind).

Working in partnership with a range of arts and cultural organisations including the British Library, Young Vic, Lyric Hammersmith, Notting Hill Mas and the Royal Court Theatre, NDotM successfully bid for funding through the government’s Future Jobs Fund which is aimed at helping find placements for young people who’ve been unemployed for six months or more.

167 people will be recruited through local Job Centres for the jobs in London. Meanwhile, 56 jobs have been created in association with Essex-based Theatre Resource which is one of the biggest disabled-led arts organisation in the UK.

Along with other placements announced previously, this latest announcement means that NDotM has helped identify and secure funding for over 300 jobs in the arts & creative sectors since its launch last March. That’s more jobs than days NDotM has been in existence.

Martin Bright, NDotM’s founder and Chief Executive said, “This is a great start to 2010 and means that 200 young people will be starting work in theatres, libraries, design studios and arts organisations who would otherwise have been stuck on the dole , their creative potential wasted.”

The people who’ll fill the first 30 FJF funded placements at London’s Southbank Centre are expected to begin work in early March.

www.newdealofthemind.com

Two hundred years ago, the arts were seen as a diversion from productive capital. Today, creative industries have a strong role in the country’s economy and accounts for 7.3% of it. What steps do creative projects have to take to ensure the achievement of their final goal? And what obstacles will they meet along the way?

By Lemma Shehadi

These are questions that the Department for Culture, Media and Sport tried to tackle in 2007, with a commissioned report on the state of Creative Industries. This analysis made by the Work Foundation argues for creativity as a catalyst for running businesses. Creative products are assessed and gain popularity by their “expressive value”, a concept which I will explain subsequently.

Originality and creativity, the production of ideas rather than objects is what makes the Creative Industries a “pioneer” sector. Universities and high tech manufacturers, which are hot spots for new ideas, become central building blocks of the economy.  These two contribute to what is known as the knowledge economy. Similarly it is this basis in innovation that gives creative industries that lucrative potential. Furthermore, in the UK, knowledge and creativity fuelled industries thrive better than in other parts of Europe. On a tangent, the reports adds that cultural diversity, as is seen in the highly cosmopolitan cities like London, bring forth a tolerance and openness to new ideas from which the knowledge economy thrives. Creative industries function by commercialising expressive value. This is not limited to paintings and poems but new software, video games etc. “Essentially expressive value creates new insights, delights and experiences. It adds to our knowledge, stimulates our emotions and enhances our lives” (4.7) This commonality also makes creative industries unique in that their products are truly original. Playstations 2, 3 and Xbox for example, are technological enhancements of the original Playstation, however new games that emerge, with new narratives and new graphics are the marketed ‘expressive’ goods. Makers of creative products cannot predict how these will be received. As the report points out, fluctuating trends allow for some products to experience an unexpected vogue, though this is always temporary. But what such products have as a distinguishing quality is that once made obsolete, they can experience a revival. This is very true to the current fad for “vintage” clothing and accessories. A 1970’s kettle, for example, is made useless by newer, faster and more eco-friendly ones. However it is highly desirable as an antique or as a decorative object. The “expressive value” of the kettle comes into play even though its value as a technological product is nought. It becomes also difficult, with the uncertainty of reception, to predict what profits a creative product will make, and creative products cannot be sold until they are packaged and completed. It would be absurd to release half of a blockbuster in cinemas whilst the rest of the movie is still in the making. What happens then is that a lot of money is spent producing a good film with unpredictable revenue and shelf life. A man setting up a barber shop can compete with his peers by ensuring quality and value. He can hire the best hairdressers, give cheap haircuts and build on his reputation. On the other hand, an eminent film maker could ensure that the best actors, the best production team and the latest equipment be used for her film. However she cannot guarantee that the ‘expressive value’ of the film itself will appeal to contemporary audiences. The dissemination of products with expressive value involves many layers of work from various creative industries. At the core are the creative ideas, truly innovative products that earn the need of a copyright. These are disseminated and mass produced by cultural industries such as film or production companies, radio, television. If Don deLillo writes a novel, this is a product of “core expressive value”. It is awarded copyright which protects it’s expressive originality. deLillo’s publisher is the cultural industry that reproduces the book. Another sector in the creative industries, designers and marketers would get involved in producing a cover for the book and advertising such as banners and PR. Politicians and celebrities also make use of this latter sector to create a public image. It is finally important to note that this analysis explores the function of art within an economic framework. The commercial value of artistic expression is subjective to popular demand, though this changes radically and unexpectedly. Creative projects undertake a lot of risks in such an ambiguous market. However, as the report underlines, there is much demand for expressive value in almost every aspect of consumer experience, which allows creative industries to flourish and generate more ideas.

Please visit our Registration page here to sign up to attend our October meeting in Liverpool on 19th/20th! now in London on the 19th/20th October!

Report from the Chair of the Arts Group, Kit Friend:
Apologies for the delay in posting up – after much discussion with the committee and others around employment issues, the debate kicked off properly at the Roundtable discussion on Internships and Bursaries chaired by Munira Mirza, the Mayor’s Director of Policy for the Arts, Culture and Creative Industries.

Much interesting discussion was had, with particular emphasis from Dani Salvadori and myself on how to develop better standards of pay and reduce the exploitation of unpaid interns and emerging workers in the Creative Industries. I will continue to push for progress from the discussion in this area, and in particular to get more private sector representatives to the table to enable us to truly move forward in ensuring fair employment in the industries Arts students will enter after graduating, and to widen access to those from all backgrounds – not just those who can afford to live unpaid for months or years.

Other attendees of the discussion included:

Dani Salvadori, Central Saint Martins College of Art & Design
Fiona Davidson, London Museums Hub
Junna Begum, Culture Strategy, Mayor’s Office
Kit Friend, UAL Students Union Campaigns Officer
Libby Anson, Ravensbourne College of Design & Communication
Manick Govinda, Artsadmin
Mark Greco, Cultural and Creative Skills
Sandy Nairne, National Portrait Gallery
Sonya Dyer, Hackney Visual Arts Cluster
Tom Cambell, Culture Strategy, Mayor’s Office
Vilma Nikolaidou, Tate Gallery
Matthew Gansallo, British Museum

Arts Group Chair, Kit Friend, attended the Mayor’s “State of London” Discussion to query the leadership of our capital on what they planned to do to prevent the perpetuation of exploitation of underpaid creative graduates to fuel the cultural heritage of the city. There weren’t any great answers, other than upcoming work on internships detailed by Munira Mirza, Director of Arts and Culture Policy, Mayor’s Office, and the discussion got diverted onto apprenticeships and sports by Kate Hoey MP – but the topic’s out there, and we look forward to the internships roundtable discussion later this month due to be chaired by Munira.

Podcasts from the day should be available soon from www.lbc.co.uk

Courtesy of the Farnham Herald via the fantastic Ms Maria Pryor!:

STUDENTS at Farnham’s University for the Creative Arts held a protest last week over an “unfair” hike in tuition fees that has seen graduate debt double since 2006.
The protest, which involved the release of hundreds of helium filled balloons, was organised by the UCA Students’ Union to draw attention to the ever increasing debt faced by many upon graduation.
Protesters were encouraged to write down their debt onto tags that were attached to the balloons, but unlike the resulting spectacle in the sky, students say their debts wont just blow away in the wind.
Part of the problem, organisers explained, is that the amount of money on offer in the form of a university bursary is lower than that available at different institutions.
As most degree courses at UCA require students to pay large amounts towards materials, many feel as though they are being left severely out of pocket with inadequate help.
Kaylie Nugent, currently in the second year of her studies for a degree in film, explained how she would be in £24,000 of debt when she graduates.
“Living in Farnham is so expensive – you get all of the London prices but without any of the financial support that London students are entitled to,” she said.
“Other universities will offer up to £1000 in bursaries but the maximum we can get, if we are lucky enough, is £300. In the third year we are expected to spend up to £6,000 of our own money creating a film. The whole point of this protest is to try to make the university realise just how expensive it is to come here. In this time of recession I think it’s outrageous that there is so little help on offer.”
Another student on the film degree course, who wished to remain anonymous, said: “Usually the university pay for our film stock but in the final year it is up to us to fund everything. I don’t have any money and I’m overdrawn so to fund this I’ve had to get credit cards. This means that I’ve put myself in even more debt just so I can finish my degree.”
She went on to say that she has so little money that she can’t afford to shoot her final project on film but is having to use digital instead.
“I’m not happy about that, it’s not what I really want to do and as such it’s compromising my entire degree but I simply can’t afford to do anything else.”
Maria Ann Pryor, vice president of the Students’ Union, said that when she graduated in 2006 average debt was around £12,000 now it is more than £24,000.
“We want people to realise how bad this situation is for our students and how it is only going to get continually worse. People are now coming out of university with the same amount in debt that you would need to put down as a deposit on a house, it’s crazy. We want to make sure that these unfair tuition fees don’t get any higher because we now have students who are leaving because they can’t afford it. We have a lot more students now who choose to remain living at home and who commute here just to study.
“I’ve had so many students come to me and complain that they can’t afford to look after themselves properly because of their course costs. It’s quite frightening that for most it is a choice between eating or finishing their projects.”
She called on the university to consider increasing the amount of money available in bursaries and means-testing students to ensure that the truly impoverished receive the most financial help.
“Other universities means-test those eligible for bursaries and offer them up to £1000, which UCA could and should do for its students. At present they offer the absolute minimum.”
A spokesman for the University for the Creative Arts said: “It is regrettable that fees have had to increase so much over the past three to four years. However, in order to maintain the high standards of course provision and investment in the student experience, this increase in fees has been unavoidable.
“Research has demonstrated that higher education is an excellent investment in future earning potential. The creative industries in particular have outstripped growth in the economy as a whole in recent years and are in a much stronger position to weather the current recession.”

Carly Aslett of SUARTS delivers the summation of our motion “NUS Arts Representation and support for small and specialist students’ unions”

The Arts Group landed with a bang at NUS Annual conference as both our motions sailed through. You can look at pictures of the conference and find out about all the resolves by clicking here

Amongst other things our motions passing included mandates for the NUS around:

- Formal recognition of the Arts Group
- Responsibility for the Arts, and Small and Specialist Institutions to be allocated to members of the National Executive Committee (NEC)
- Support to work on our campaigns on Hidden Course Costs and Foundation Diplomas

The Arts Group Official Launch Party was well attended, with Aaron Porter (re-elected VPHE) delivering a stirring address, and liquid refreshment courtesy of the Art, Design, Media Subject Centre. We were please to see so many new potential members attend, and look forward to seeing more fresh faces at the next meeting.

Thanks to all for the hard work, and especially our speakers at Conference: Danny McNeice from Loughborough, Chris Griffin from the Courtauld Institute, and Carly Aslett from Arts London.

More updates on what we’re doing with our new support soon!

Photo: Kit Friend, Chair of the Arts Group, Outside No.11 with staff from University of the Arts London’s Innovation Centre, Credit: Robert McColgan

Fresh back (relatively) from Whitehall and it appears the future of the Arts in the UK might not be so grim after all… though Mr Darling himself was absent, the great and the good (and 2 secretaries of state!) turned up on Tuesday morning to discuss the “New Deal of the Mind”, and collection of ideas on how the creative industries can innovate their way out of recession proposed by journalist Martin Bright in the New Statesman.

The guest list was truly stunning, and though there was little conclusive planning of action, funds were tabled by various attendees (and a good deal of thinking on where more money should come from to fund development).

On behalf of the Arts Group, the Chair (Kit Friend) emphasised the relevance of the students of the Arts mobilising to form representation during these tough times, called for an end to the (even pre-recession) exploitation of arts students and graduates as free labour, and for an appreciation of the full breadth of disciplines in the Creative Industries (much of the discussion was concentrated around writing and fine arts). The concept of a national database of case studies to inform workers in the Arts about the value of their work was also introduced, a project currently entering the planning stages as a collaboration between ECCA and SUARTS.

More info on the :New Deal of the Mind” is at www.newdealofthemind.com

Lynne Featherstone MP’s less abridged account of the event is here