The artist’s place in society
In general, except for the best-known among them, artists must turn to other occupations for survival. Most artists are indeed otherwise occupied, mainly in teaching, in addition to other private, non-artistic activities.

The international instruments in the field of culture ratified by or in effect in Argentina are as follows:

• Law No. 13.204: accepting the Constitution of the United Nations Educational, Scientific and Cultural Organization.
• Law No. 19.943: ratifying the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, UNESCO, Paris, 14 November 1970.
• Law No. 21.836: accepting the Convention for the Protection of the World Cultural and Natural Heritage, UNESCO, Paris, 16 November 1972.
• Law No. 23.921: accepting the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, adopted in Rome in 1961.
• Law No. 24.269: approving the Recommendation concerning the Status of the Artist, adopted by the General Conference of UNESCO, Belgrade, 1980.
• Law No. 24.425: final Act embodying the results of the Uruguay Round of Multilateral Trade Negotiations (Marrakesh, 1994).
• Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
• Law No. 25.140
• Berne Convention for the Protection of Literary and Artistic Works, 9 September 1986.
• Law No. 25.257: approving the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, Rome, 24 June 1995
• .Law No. 25.568: approving the Convention on the Protection of the Archaeological, Historical and Artistic Heritage of the American Nations (Convention of San Salvador), Organization of American States (OAS), 16 June 1976.
• Memorandum of Understanding, Buenos Aires, 1995. First MERCOSUR meeting on culture.
• Asunción Act. Second specialist meeting on culture. Act 02/95 and Reports Nos. 1 to 16 of the meetings of ministers of culture of MERCOSUR and associate countries.
• Law No. 24.993: approving the MERCOSUR Protocol of Cultural Integration, Fortaleza, 16 December 1996.
  

Government bodies in charge of culture in Argentina:

At national level
Secretariat of Culture of the Nation and bodies that are decentralized and autonomous in this field: National Library, National Institute of Cinema and Audiovisual Arts, National Arts Fund, National Theatre Institute.

At province level
Subsecretariats of Culture or equivalent bodies in the 23 provinces and in the Autonomous City of Buenos Aires.

At municipal level
Directorates of Culture or equivalent bodies.

Cultural policy-making
The Secretariat of Culture of Argentina is responsible for cultural policy, except for sectoral cultural policies of the autonomous bodies. Cultural policy-making at province level is entrusted to either provincial or municipal cultural bodies.

Training
Training is the responsibility of the national universities or specialized institutes belonging to either the national or the provincial system.

Research
Research in this field is carried out within the national Secretariat of Culture through the bodies under its authority, with thematic responsibility. Research is also carried out by the Consejo Nacional de Investigaciones Científicas y Técnicas and by the universities.

Percentage of the national budget allocated to culture
The percentage of the national budget allocated to culture is 0.38 (for the year 2001) and remains stable.

Policies to promote the arts

National Arts Fund (FNA)
Policies for arts promotion are implemented through the National Arts Fund, which grants short- or long-term loans to individuals or legal entities for any artistic activity. It finances contests, competitions, exhibitions and fairs involving artistic activity. It subsidizes libraries, museums, archives and other public and private institutions concerned with artistic activity. It finances cultural missions within the country and abroad for the purpose of disseminating Argentine art and literature. It grants fellowships for artistic creation, advanced training or research, which may be used within or outside the country. It awards prizes and other distinctions.

National prizes and shows
The Secretariat of Culture also promotes art by means of national prizes and shows, competitions and the acquisition of works of art from the different artistic domains. Cultural bodies at province level also promote art through prizes, competitions, shows and subsidies.

Cultural indicators
There are no official indicators for evaluating cultural policies.
Participation of artists in cultural policy-making
Each artistic field has associations and trade unions able to influence legislation for that particular sector. There are, however, no official structures through which artists may be involved in cultural policy-making locally and nationally.
Improvement of cultural infrastructures
There is a plan to transform unused public buildings into museums and other exhibition spaces.

Disabled artists
Argentina has already taken steps to integrate disabled artists through the creation of the Banda Sinfónica de Ciegos (Orchestra for the blind) and the Coro Polifónico de Ciegos (Choir for the blind).

Legal framework

Legal framework regulating the working conditions of artists

There are similarities between the work done by artists and that of any subordinate worker which, because of its specific features, justifies the inclusion by some authors in the category of “special work contract”, which would therefore need to be covered by a professional status or “special legal regime”, as mentioned in Articles 1(b) and 2 of the Work Contract Law (LCT No. 20.744, as mandated by Decree 390/76 and in accordance with Laws Nos. 25.013 and 25.250 on labour reform and other related norms).
With the exception of “musical performer” status, authorized by Law No. 14.597 (Official Bulletin 29/10/58), there are no official regulations governing the other artistic fields (actors, variety artists, etc.) since these workers, belonging to legally recognized unions, are usually party to collective work agreements in their field (cinema, theatre, television, advertising, radio, dubbing, etc.). Such agreements govern the different kinds of services provided by the workers and are important sources for the adaptation of general standards to the distinctive features of each artistic field. Customs and traditions (Article 1(e), LCT) are also a major reference with respect to the regulation of artistic activity and fulfil a significant integrative and interpretative function with regard to agreements between the parties, since customs exist that are relevant not only to artistic activity in general but to each of its branches.
In contrast, there are very few government regulations concerning artistic activity. Of those that exist, most are based on international standards. For example, Law No. 24.269, approved on 3 November 1993 and published in the Official Bulletin of 15 December 1993, approved the UNESCO Recommendation concerning the Status of the Artist. Like any recommendation, it is not binding; nevertheless, its clauses, with their frequent references to ILO international conventions applicable to all workers and, accordingly, to artists, may serve as a rich source of inspiration for future binding norms and for the interpretation of existing provisions.
Another international standard is the ILO C138 Minimum Age Convention, 1973, ratified by Law No. 24.650, Article 8 of which provides that minors under the minimum working age which, in Argentina, is 14 years, may participate in artistic events under certain provisos. Decree 433/94, approving Article 2 of Law No. 24.241, regarding the integrated retirement pension scheme (SIJP), refers to “artists and musicians”. Decree 433/94 (Official Bulletin, 28/03/94), approving Law No. 24.241 establishing SIJP, sets forth in reference to Article 2(a) of the Law, dealing with compulsory membership in SIJP, a provision the relevant part of which states that: “Those contributors who carry out the activities listed, provided they meet the requirements stipulated in each case, shall be regarded as independent and as being covered under paragraph (b) of the applicable article, without prejudice to their possible subordinate status in other activities. (a) Artists and musicians: Any individuals who play a leading or supporting role, any cast members or extras in a film, a work for theatre, television or radio, orchestra conductors, soloists or members of musical groups or orchestras, insofar as they assume the economic risk inherent in the exercise of their respective professions”.
The provision mentioned above is surprising since, by legislative means, it endeavours to subvert the normative principles that define the legal status of the artist as a worker who provides a service to another (Articles 21 and 37, LCT) and who, accordingly, benefits from the presumption under Article 23 of the LCT, unless otherwise shown to be the case. Moreover, according to that provision, there appears to be no mediation between the artist and the public (in which case, it might be considered a form of independent work), overlooking the fact that usually there is a producer who organizes the event, concludes contractual agreements with the artists and musicians involved and presents them to the public, profiting financially from this activity.

Case-law
Courts have taken the view mentioned in the text. When artistic work is incorporated in a business organization, the assumption is that a work contract exists and a different conclusion may be drawn only if the possibility of such a relationship has been excluded under the contractual arrangement (CNAT, Sala VI, 14/12/79, LT XXVIIII743, D.T. 1980355). Performances as a variety artist (magician) in cable television broadcasts are covered by Articles 23 and 115 of LCT, which assume that a work contract exists and that the work is not carried out free of charge (CNAT, Sala V, 29/7/94, DT 1994 B 2123).

Social welfare
Because there is no recognition of the workers’ subordinate business relationship, no specific legal protection exists in the area of social welfare. Nevertheless, it is important to recall what is mentioned in the paragraph and to bear in mind that artists are entitled to benefits under the general laws governing workers, for example with regard to industrial accidents. In such cases, however, the artists’ professional associations must file for the benefits.

Training
At national level, the Instituto Universitario de Arte (which has separate fields of study: dance, dramatic arts, painting, sculpture, engraving, music) grants bachelor’s degrees in those fields and also offers postgraduate courses. The City of Buenos Aires also has a municipal school of dramatic art and, in recent years, the Ministry of Education has granted some art institutes the right to award officially recognized degrees. There are also private schools throughout the country and workshops offering occasional courses. The General Education Law and the Higher Education Law govern officially recognized institutions and do not apply exclusively to artists.

Disabled artists
The Ministry of Labour is the body that approves the collective work agreements of actors and musicians, there being no special legislation in that regard for disabled artists. Very recently, work has been done with such groups, especially in the field of drama, giving rise to what has come to be known as the “integrated theatre”.

Working conditions

Work permit and “professional” status for artists
Argentina has no work permit, “professional” status for artists or “law governing artists”. Actors and musicians are protected by trade unions, which (whether or not they belong to a trade union since membership is not compulsory) negotiate for them the conditions in the collective work agreements and the conditions established by managing societies for artists and musicians.

Health care protection
Health care protection is provided under the Social Benefits Law and covers all workers in subordinate relations. Such protection does not apply automatically to artists inasmuch as they are not recognized as being in subordinate relationships. Protection is available only to unionised artists expressly requesting membership in the social benefits fund of their trade union or of another union.

Private health care protection
The social benefits funds of the trade unions for actors and musicians are subject to the general law governing all trade unions. However, the fact that the subordinate relationship between artist and producer is not recognized gives rise to an enormous contradiction. The social benefits funds run by the trade unions function like a special system within the overall system: those funds are sustained mainly by the contributions of their member artists who work; those contributions are very small in comparison with that contributed by producers affiliated with the ATA or CAPIT television networks or members of the Association of Theatre Producers for actors under contract to commercial theatres and advertising agencies, in addition to the reimbursements and contributions of the State to social benefits funds. With regard to private health care, known as “prepaid” care, only very well-paid artists, who are in the minority, can afford to purchase such protection. Playwrights, members of ARGENTORES, and composers, members of SADAIC, their respective managing societies, have health systems which function nearly like private systems because, being profit-making, they are much richer than the trade unions.

Disabled artists
There is no special regime for disabled artists.

Administrative inspection of working conditions
In this area, the collective work agreements are well ahead of state regulations in determining the conditions with regard to working hours, health and safety under which artistic work is carried out. Nevertheless, in the absence of special regulations, the general regulations applicable to any kind of subordinate labour apply, insofar as they are compatible with the conditions under which the artistic activity is carried out. Artists working within a subordinate relationship are automatically included in Law No. 24.557 (Work hazards) and producers and artistic workers are accordingly subject to the rights and obligations established under that Law (Article 2(b)), including those working for national, provincial or municipal theatres or television stations (Article 2(a)).

Aspects covered by the inspection
Inspections cover, in particular, compliance with the municipal provisions governing the authorization and operations of the premises where public events are held and any failure to comply with tax obligations on the part of the owners or contracting producers. They do not, however, cover compliance in respect of protection of artists even though, on many occasions, complaints about artists’ working conditions have been made to the Ministry of Labour. This has had very little impact, owing to staff shortages in some cases and to a lack of political will in others.

Remuneration

Minimum level of payment
Collective agreements for musicians and actors establish minimum pay levels, which vary according to the speciality and the field (radio, cinema, theatre, advertising, dubbing). In the case of actors, a regulation exists with regard to work in theatre cooperatives, which must be registered with the Actors’ Association and must comply with the requirements ensuring equity for all its members and between them and the theatre they rent or with which they share a percentage of the receipts.

Payment system
All actors, whether stars or beginners, have been paid through the trade union headquarters since 1960, when a general assembly of members took a decision to that effect, which was subsequently approved by the competent authorities. The legal status of the trade union, granted in 1919, is valid throughout Argentina. For musicians, the arrangements vary, but there is no obligation to deposit with trade union headquarters. The Sindicato de Artistas de Variedades ceased to exist in the 1990s and its members joined the Asociación Argentina de Actores or the Sindicato Argentino de Músicos (SADEM). In respect of intellectual property rights, the management societies ARGENTORES, SADAIC and AADICAPIF are responsible for collection and payment for theatre, cinema, radio and television authors, for composers and actors and musicians, in the case of AADICAPIF.

Unemployment

Unemployment insurance
There is no unemployment insurance. Recently, some artists have been able, under the government plan concerning heads of household, to work (for small amounts of remuneration as a palliative to unemployment) in hospitals, poor neighbourhoods, as mural painters, restorers and so forth.

Illegal work

Scale of illegal work
Undeclared work just cannot be quantified. Curiously, the National Theatre Law No. 24.800, which protects theatrical activity throughout Argentina, has made it possible for many subsidized theatre cooperatives to avoid complying with the provisions of that law that pertain to trade unions, under cover of a lack of political will in the management board and the corresponding fiscal authorities. Because of the infrastructure of the management societies and their financial resources, this situation does not occur in the case of authors and composers or in the case of the use of recordings within the country or during public festivals, dances and so forth.

Penalties
Authors and composers can withdraw their works since performance or use of their works is subject to prior authorization of the authors. There are no laws providing controls of that kind for artists, or even, in most cases, for tax evasion by foreign artists who work in Argentina. Consequently, there are no penalties other than those applicable under the Criminal Law on Taxation or the shutting down of premises for non-compliance with municipal regulations.

International mobility of artists

Recognition of foreign diplomas
Official recognition of foreign diplomas is the responsibility of the Ministry of Education, Science and Technology.
Advanced training and research fellowships
FNA awards fellowships to artists for artistic creation, advanced training or research, which may be undertaken within the country or abroad, in various fields: plastic arts, music, folklore, audiovisual media and theatre. FNA also grants loans for artistic tours in Argentina or abroad, exhibitions and so forth.

International exchange programme for artists, technicians and culture professionals
The Secretary of Culture of Argentina, through the National Office of Cultural Policy and International Cooperation, runs an international exchange programme for artists, technicians and culture professionals in craftwork, digital arts, cinema, dance, sculpture, photography and cultural management.

Fellowships to promote the mobility of works
There are no fellowships specifically designed to promote mobility. However, it is possible to obtain financial aid for that purpose by requesting subsidies from FNA or the Secretariat of Culture of Argentina.

The MERCOSUR Cultural Seal
Noteworthy among the regulations aimed at facilitating the free circulation of works of art is a mechanism for the regional circulation of cultural goods, launched with the establishment of the MERCOSUR cultural seal under General Resolution No. 173/98 of the Federal Administration of Public Revenue and Resolution SC No. 2301/98 and the amendments thereto.
MERCOSUR: Towards the free circulation of cultural goods
The above mechanism makes it possible, through temporary import and export, to circulate between the States Parties of MERCOSUR cultural goods which have been approved by the competent bodies of each country. The circulation authorization, indicated by the MERCOSUR cultural seal, provides exemption from the obligation to provide guarantees and from other customs formalities.
Under the MERCOSUR cultural seal regime, customs inspections take place where the cultural goods are physically located, in the presence of a customs inspector. The cultural goods are then packed and marked with the MERCOSUR cultural seal, which protects them until they reach their destination, where they are inspected by customs and cultural officials of the importing country.
The seal permits carriage of the goods to any country in MERCOSUR without inspection at border customs posts. This cuts out inspections at places where the temperature and humidity may be such as to cause damage. The goods are transported directly from the point of origin to the destination, with a big saving in time. Curators of the exported goods are also able to monitor the works by being present at the customs inspections.
There is no exemption from customs duty under the MERCOSUR cultural seal regime because it was not established for that purpose.

Social welfare for artists working abroad
In the case of actors, the trade union requires producers to submit contracts concerning work abroad for artists who are nationals or residents of Argentina, ensuring the minimum conditions and providing guarantees to prevent the artist from being unable to re-enter the home country. With regard to health care, generally speaking, major producers contract for health services in the case of accidents, operations and so forth. There are reciprocal agreements between the Association of Actors and France and Uruguay and international organizations such as the Bloque Latinoamericano de Actores (BLADA) and the International Federation of Actors (FIA), which try to establish the granting of international passes to artists, but in some cases the precarious trade union status of the artists in many countries makes application impossible.
Reception and working conditions of foreign artists
Apart from national provisions concerning immigration, permanent residence, work and taxation contained in the basic legislation, there are no entry restrictions on foreign artists.
Provisions for the protection of local artists
In the case of actors, the regulations applicable to stage actors used to require the hiring of one local actor for every five foreign actors. Those regulations disappeared with the military regime. For musicians, there is a quota for hiring local artists, applicable to the playing of recordings as well. Nevertheless, in the absence of monitoring by the Ministry of Labour, such union gains are often ignored.

Legal framework
The international circulation of works of art is governed in the Argentine Republic by Law No. 24.633 and its regulatory Decree No. 1321/97, under which the definitive or temporary export or import of the works of art covered by the regulations are exempt from export and import duties, any surcharges or customs fees or port charges, statistical taxes, verification of destination, charges for storage and special services, including freight duties and consular charges (Articles 3 and 4 of the Law and Article 2 of the Decree).
The provisions of the legal regime are applicable solely to works of art of living artists or artists who have died in the preceding 50 years, whether Argentine or foreign, as specified in Article 1 of the Law.
The legal regime does not apply to copies, replicas or reproductions of works of art, carvings in coral, ivory or other luxury materials, or to artwork done by hand on industrially mass-produced items (Article 2 of the Law).
As stipulated in Law No. 24.633, responsibility for application rests with the Secretariat of Culture of Argentina, assisted by an honorary consultative board. Applications for permits are submitted to the Visual Arts Directorate of the Secretariat of Culture and, provided that the authorship of the work is certified, must be honoured except in cases where the work is declared by the Secretariat of Culture to belong to the historical and artistic heritage of the nation.

Collective representation

Legal provisions to protect trade-union freedom
The existing legal regime with regard to trade unions consists essentially of norms having constitutional status, including Article 14bis of the National Constitution and the norms contained in declarations (American Declaration of the Rights and Duties of Man, Universal Declaration of Human Rights), international conventions and covenants, granted constitutional status by Article 75(22) of the National Constitution and ILO Convention 87 on the freedom of association and protection of the right to organize (1948), which also has constitutional status by virtue of Article 8.3 of the International Covenant on Economic, Social and Cultural Rights and Article 22.3 of the International Covenant on Civil and Political Rights. In addition, there are the provisions of ILO Convention 98 on the right to organize and collective bargaining (1949), having a force superior to law by virtue of Article 75(22) of the National Constitution, the provisions of the Trade Union Law No. 23.551 in force, as authorized by Decree No. 467j88.
Main trade-union prerogatives recognized by law
The basic rights are set forth in Article 3(c) of Law No. 23.551, which includes under the exclusive rights of legally recognized trade unions the right to participate in collective bargaining, to represent workers in their field of employment, profession, trade or category and to participate on an equal footing with producers and the Ministry of Labour, in negotiations concerning contributions and other working conditions, to make determinations with regard to strikes, to approve their own statutes, election mechanisms, candidates, assets, mergers with other associations or membership in international organizations, while respecting the basic principles of the framework law.

State consultation with trade unions
Argentina has a long trade-union tradition. The unions have always been so influential politically that  the State systematically consults their leadership in the matter of reforms. Recently, during the 1990s, that trend reversed and reforms approved by the National Congress were implemented against the will of many trade unions, undermining labour victories won over many years.

Structures for negotiating collective agreements
The Ministry of Labour’s participation in the process of binding arbitration testifies to the State’s willingness to assist in the collective bargaining process. While the most recent collective work agreements for artists date from the 1970s, dialogue with producers has continued, out of a mutual need for adapting artistic work to changes in the ways that productions are put on and to the unquestionable impact of technological progress, making it nearly a dialogue among equals, above all with regard to working conditions, rather than remuneration.

Fostering social dialogue
The concept of social dialogue is relatively new in union circles. While it is promoted primarily by international artists’ organizations such as FIA, BLADA and FIM (International Federation of Musicians), the Coalition for Cultural Diversity has organized meetings designed to foster social dialogue. With regard to ILO, with the exception of a seminar on the new information technologies and artists, Argentina has not been considered for the theme of social dialogue.

Mediation or appeals bodies
The Ministry of Labour is the chief mediator in disputes, supported by the corresponding legal mechanisms. Once trade-union remedies have been exhausted, disputes may be brought before the courts and before the appropriate international organizations and NGOs.

Education for artists

Arts education
Arts education is provided by the Instituto Nacional Universitario de Artes, in the following fields:
Dramatic Arts: acting, directing, lighting design, stage design;
Movement Arts: choreography, with specialization in dance or corporal expression;
Musical and Vocal Arts: composition, song, orchestra conducting, choral directing, instrument;
Visual Arts: painting, drawing, sculpture, engraving and printmaking, metalworking, glass, ceramics, etc.;
Folklore with specialization in folk dancing and tango or traditional instruments.
In the field of cinema and audiovisual arts: courses of study at Buenos Aires University; an image and sound design programme at the Faculty of Architecture, Design and Town Planning; the National Cinema School, under the authority of the National Institute of Cinema and Audiovisual Art; the Cinema School of the Avellaneda municipality and other national universities with programmes in the arts.
With regard to literature, the Faculty of Philosophy and Literature of Buenos Aires University offers a bachelor’s degree programme in literature, which can also be followed at other national and private universities.

Retraining and continuing education for artists
In general, all the art universities offer postgraduate training and advanced training seminars for the continuing education of artists. There are policies and legal regulations governing the postgraduate training and seminars offered by each university.
Internships
Under the Secretariat of Culture of Argentina, the National Office for Cultural Policy and International Cooperation administers an internship programme to give local artists the opportunity to work in institutions abroad.

Training in administration, administrative management and career management
Official bodies do not provide training for artists in administration, administrative management and career management. Courses and postgraduate courses are offered at the national universities and private training institutions.

Promotion of copyright
The Secretariat of Culture of Argentina has organized on various occasions courses and seminars for the promotion of copyright and neighbouring rights, with the cooperation of the Regional Centre for Book Development in Latin America and the Caribbean (CERLALC/UNESCO).
The National Copyright Directorate, under the Ministry of Justice, Security and Human Rights, is in charge of copyright and neighbouring rights. Although the Directorate has no specific budget provision for training in that area, its staff members are available to give courses on copyright and neighbouring rights at the National University of Buenos Aires and similar institutions.

Source: Secretariat of Culture of Argentina, October 2003.