A/HRC/23/34
vast advertising budgets at their disposal, enormous sales forces, and an extremely efficient
network of press contacts”, is worrisome. Financial and marketing strategies often drive the
decision to publish a specific book or not.49
76.
A current tendency is for States to co-fund with corporate sponsors. While some
artists and arts organizations call for legislation enabling private (and corporate)
sponsorship of the arts, others fear a reduced scope for contemporary, experimental and
provocative artistic expressions. States should ensure that, in the process, the arts and artists
do not become mere advertisers of corporate interests. 50
77.
Artists’ autonomy can only be guaranteed through diversity of funding and a good
balance between public and private sponsorship, both of which may open space for artistic
creation. States should not monopolize funding of the arts but cannot leave sponsorship
entirely to corporations. Corporations tend to show little interest in funding alternative
cultural spaces or institutions and prioritize funding high-profile programmes such as
blockbuster exhibitions.51
78.
These issues are complex and need to be urgently addressed. While it is important to
ensure producers and distributors are free to select what to support or promote, strategies
are needed to ensure that artists not fitting market strategies may still make their voices
heard. This underscores the importance of the 2005 UNESCO Convention, which affirmed
the right of Parties to introduce cultural policies and measures to support the creation,
production and distribution of local cultural goods and services. Some stress, however, that
support provided to local productions sometimes does not enable a clear added value, and
that what is actually subsidized does not really differ from what the private market may
offer.
(c)
The protection of the moral and material interests of artists and authors
79.
One way of silencing artists is to impede their livelihood options as professionals in
a career devoted to artistic creations. According to article 27 of the UDHR and 15 of
ICESCR, all individuals have the right to benefit from the protection of the moral and
material interests resulting from any scientific, literary or artistic production of which s/he
is the author. As stressed by the Committee on Economic, Social and Cultural Rights in its
General Comment 17, the protection of these interests is not to be equated with legal
entitlements recognized in intellectual property systems.
80.
While the Special Rapporteur understands the concern that piracy and file sharing
may threaten the potential of artists to earn their living, she also stresses the need to
acknowledge the percentage of royalties that go to publishing houses/copyright holders
rather than to the artists themselves. Concern has been expressed about coercive contracts
that authors and artists identify as a primary obstacle to fair remuneration. Under such
contracts, which are frequent, creators sign away all their rights to their creation in order to
gain a commission for creating a work. Consequently, they lose control over their creation,
which can be used in contradiction to their own vision.
49
50
51
Robert Atkins, “Money talks…”, pp. 3–9; and André Schiffrin, “Market censorship”, pp. 67–79, in
Censoring Culture, op. cit. On these issues, see also submission from Argentina.
On these issues, see submissions from Denmark, Monaco, Austrian Ombudsman Board, Jordi Baltà
Prof. Shugurov, OSAAEE.
Hans Haacke, “Revisiting Free Exchange: The art world after the culture wars”, pp. 51-57, and
Robert Atkins, “Money talks: The economic foundations of censorship”, pp. 3-9, in Censoring
culture, op. cit. See also submission from Equity.
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