Artistic rights and precariousness

Apparently for Pole employment, being an artist is not being "creator" of activity. Yet many artists contribute to the activity of our Co-op, they are even essential, like the joint editions that have published the nine stories of hospitality of the North Hotel that we continue to share, to market and to use for the Creation of new activities such as heritage walks. Pole job claims 10,000 euros to Martine Derain, creator of the joint editions, for the allowances she received over the last three years when unemployed, she developed new activities. A creator or business owner can opt for the maintenance of his return to employment assistance (AER) allowances until the end of his rights. No artist. If the state speaks well of "activity creation", the accompanying measures concern the creation of "enterprise", terminology which is not the subject of a real legal definition and which, in fine, for Pole employment, is confined to "lucrative enterprises". Employment Pole therefore considers an artist as "volunteer" when he creates his activity and other creators of activities, non-artistic, as "entrepreneur", then granting them the maintenance of their allowances. Like many artists, for lack of a recognized status as Christine Breton described in the following text, Martine has been alternating for 30 years, copyrights, vacations in schools of art or architecture, formerly and sometimes jobs aided on trades where She needed to be trained, finally salaried from the general CDD regime on missions of artistic direction within artists ' associations – and unemployment when these management missions were completed. Between these salaried periods, that is, when she is unemployed, she conceives and proposes projects to a network of associations that employ her regularly, projects of which she is sometimes the artistic manager of the tutors. She also accepted a Treasurer's mandate after a big project for Marseille-Provence 2013 In one of these associations to pass on to the youngest his administrative skills. Employment Division refers to this investment as a "volunteer" and not to "creation of activity" and then based on a recent decision (May 2017) of the Court of Cassation concerning article L5425 of the Labour Code, which states that if any applicant for employment can exercise Volunteer activity, this activity cannot be done in a previous employer or substitute for salaried employment, and must remain compatible with the job search obligation. Artists are not recognized as "creators of activities" but as "volunteers", terminology as equally blurred legally as that of "entrepreneur". Christine Breton, also a member of the Northern Hotel, returns in the enclosed text on this "ill-posed case" while "the status of artists is still not clarified". Or if you consider that they do not create activity. As a cooperative, we can only testify to the contrary and worry about this situation which jeopardizes our own activity and weakens many of our members, already strongly insecure in recent years. We publish the text of Christine Breton to contribute to this debate and accompany Martine Derain in the legal battle that is ahead.  

The case of the artist-editor Martine Derain

Employment Division litigation. Testimony of Christine Breton, honorary curator of heritage. I would like to testify in the case cited in order to underline the collective stakes that it makes for artistic creation and for public cultural policy. To do so, I intend to rely on my professional experience as a public servant, which I summarize in the three grounds concerning the dispute:

  • From 1973 to 1986, curator at the Museum of Fine Arts of Grenoble and two regional funds for contemporary art (FRAC), I am responsible for the acquisitions and valorisation of French public collections, specialising in contemporary art, doctor in History
  • From 1987 to 1995, curator in charge of mission to the city of Marseille, I am responsible for cultural policy in the team of Dominique Wallon, namely creation, museum, research, art school and art market, I also teach at the university;
  • Finally, from 1995 to 2010, the date of my retirement, curator of a city-State Council of Europe Programme, I lead the first European experimental mission of Integrated heritage, in the context of the northern districts of Marseille.

1-Issues for public cultural policy. Above all, it seems to me that the case cited is ill-posed. The dispute it describes is an evolution of the public services of employment, economy and culture. Its regulation must be internal, between the administrations concerned. The artists that these services have the responsibility to accompany cannot be used as a pretext. That pole employment obliges Martine Derain to go before the court of great Instance can not be conceivable in the light of the history of public policies that I propose to re-contextuer. I met Martine Derain, a self-taught artist who arrived in Marseille in 1986, as part of the projects of the Casa Factorial Association which she had co-founded. In 1988 D. Wallon had decided to set in motion the cycle of art and I accompanied all the actors who were going to activate the famous "Movida" Marseille. Divided into 4 equal parts and dependent on each other, the movement of the art cycle has been made with few public means as its potential is rich: * A quarter of the museums fulfil the reference function. It is the body of symbols that makes us citizens of the French Republic. It is a decentralized, municipal institution created by terror and organized by Jules Ferry. * A quarter of the second public institution, municipal, art school, performs the transmission function. The artist of the past transmits his knowledge to the artist of the future. This happens in the knowledge and exemplary of the artists. * A quarter of the artists fills the production function. Self-taught or out of art school they lost their student status. No status awaits them on the other side of this passage. They do not benefit from that of intermittents of the show. They still have to monetize their diplomas in education. They can organize themselves in networks, workshops or galleries of artists with the Status of Associations Law 1901. They can declare themselves self-entrepreneurs to continue their research and artistic production. They can join the artists ' house or the AGESSA. * The last quarter is that of the art market which fulfills the function of diffusion: purchases, sales, exchanges of artistic production. It is governed by the law of the market. Contemporary art has become a refuge in the current financialisation. Setting in motion the four functions required, as a priority in Marseille, to accompany the most fragile quarter of which everything else depends: artists, producers. My mission was to be inventive and diversified: – with social services, to enable the exit of the Subproletariat and misery on a case-by-case basis; -With the services of pole employment to have their specificity recognised and to seek a statutory solution; – With Municipal services restore laws that promote public order to artists such as 1%; – With the services of the economy revive the art market through support for associative galleries, purchases at the restored communal fund and participations in international art fairs; – With the artists invent co-editions of catalogues or specialized books to make them known, co-commissions, co-installations of the work tool which is the workshop of artists; – With the cultural services supporting the network actions of artists; – with public landlords negotiate to integrate workshops-housing in their programmes, etc… I must confess a limit at the end of my mission in 1995: The status of artists was still not clarified. Weakness that would produce a perverse effect during the change of municipality. The clientelism awarded the grants instead of the theoretical and economical accompaniments. The subsidies were scarce creating even more misery and the need for artists to juggle even faster between the acquired statutes. The case of Martine Derain shows how in the legal framework the same person must pass from artist to artistic director to unemployed to associative agent to stay alive and in the movement of his own creation. The multiplication of collaborations between associations such as the multiplication of territorial scales is a sign of a profound transformation of artistic research. More holistic, it must find ways to transcend classifications and trades that have become obsolete. 2-stakes for artistic creation it will be possible to object that my testimony is not admissible because I am a judge and a part having been myself published in the publishing house animated by Martine Derain: "The Joint editions". I will actually rely on this experience at the border between my work as a researcher and that of curator to testify in his case of collective issues in artistic creation. In 2010, during my retirement, I was able to undertake the great project of "Tales of Hospitality". In nine books and three years of research, I attempted to write the history of the neighbourhoods that I shared for 15 years the heritage adventure. It was a double experimentation of the practice of integrated heritage and the writing of history in its context. So there was no question for me to choose a publishing house from my heritage environment too specialized. On the other hand I could not choose a public publishing house because too tempted by the "scoop" of the neighborhood put to the ban. I searched for a publishing house capable of formal and strategic creation. This is how I applied for the "Joint editions". A long intellectual partnership began. From 2013 the 9 books were published and sold in the specialized bookstores and in the unlikely places of the districts concerned. Some of them are already exhausted. This is what the artist-editor created, a new space for the diffusion of ideas and artistic creations. Unique Situation! I could never have found another space to restore my research. I then understood the coherence of the process of Martine Derain started with the collective wall newspaper created via the association "Casa Factorial". This is the best pragmatic school to approach the report to the public. And it is this school that job pole refutes. Yet as a public Service, we should all be proud to have participated in the development of this 30-year adventure. 30 years: The training time of a human being. 30 years of public spending such as an investment that is denied at the time of picking the fruit. As if we, the leaders of cultural policy, were mistaken in our collective diagnosis! The reversed reading of the truncated texts of the Law of 1901 and that of 1998 by pole employment empties their contents and thus the meaning. Conversely, article 103 of the Law N.O.T.Re of 2015 concerning the Cultural Rights of citizens and the law on freedom of Creation, Architecture and heritage of 7 July 2015, such as the European texts of which the Faro Convention , give reason to creative and citizen Martine Derain. In the hope that my testimony will contribute to the solution of this dispute. Christine Breton, honorary curator of heritage.

La Marseillaise: Marseille, from hospital to hospitality, the Hotel du Nord makes the step.

The newspaper La Marseillaise published on Monday 19 February an article by Myriam Guillaume on our commitment to the North Hospital and caregivers: Marseille: from hospital to hospitality, the Hotel du Nord makes the step.

Dedicated to the discovery of the heritage, the small cooperative of the Hotel du Nord opens its hospitable offer to the accompanying patients of the hospital Nord in Marseille. Residents of the Northern neighborhoods develop a link where the hotel offer is sick. Read more.

Integrate hospitality in social housing with the law "Equality and Citizenship"!

The "Equality and Citizenship" Bill should be considered this week by the Council of State, for a presentation in the Council of Ministers in March and then in Parliament before this summer. The text contains an important housing component, including social habitat in order to "prevent the inbetween". This bill could fully incorporate our proposal to be able to experience hospitality in social housing with all the people involved. Local legislative experimentation is the authorization given by a law to a territorial community to apply a public policy that is not part of its legal powers, for a given period of time. The purpose of legislative experimentation is to study the effects of a reform or a law on a sample of people and in a limited time. The co-operative of Northerners hotel and others like the association home suburbs in Seine Saint Denis successfully offer hospitality in guest rooms and urban walks in areas where the social habitat is very present. This helps to generate complementary income locally, to change the image of these neighbourhoods and to an active citizenship. To date, the law prohibits subletting in social housing with a few exceptions ready and thus the exercise of the House of hosts. Experiments in this limited framework seem inconclusive (intergenerational housing, etc.). A large part of the inhabitants, and members of the Northern Hotel in particular, cannot actually offer their hospitality, even occasionally, at the risk of being expelled and having a strong fine. In view of the Faro Convention, and since August 2015 of our law which guarantees cultural rights, they do not have the same right to welcome and share their histories and their heritage environment. There is, however, a local demand to accommodate parents, persons on probation in nearby businesses (notably in ZFU), stakeholders in the associative community or on the part of social donors (artistic residence, staff) in neighbourhoods Often lacking accommodation offerings. Moreover, social donors tolerate it at the time of major events and an offer emerges on the collaborative platforms. As there are stories, cultural heritages and hosts. Hospitality is not limited to lodging, we offer it through our heritage walks including the "strolls of the cities", in the Centipede, manufactures of stories of the cooperative, in our books such as the accounts of hospitality and in our CO Artistic productions. The activity of the guest house is particularly simple administratively (declaration in town Hall and insurer), economically interesting if it remains modest (not banned and without social charges), rich humanly because the meeting there is Obligatory (breakfast at the inhabitant) and favorable to the surrounding activities (catering, cultural activities, etc.). His authorization in social housing also raises questions of under-occupation, distortion of competition, assurentielles, responsibility of the social landlord, etc. In order to identify these brakes and benefits, we had in the year 2012 many Meetings with social donors, parliamentarians, residents, heritage communities, tenants ' friendlies and people involved in the neighbourhoods of social housing (neighbourhood authorities, Prefect's representative, etc). We also carried out pilot operations on the occasion of Marseille European Capital of Culture in 2013 and studied processes like the Albergo Diffuso in Italy which could serve as an example to an approach of hospitality not centered on the only host But on the whole of the city of social housing. We thus constitute a "comprehensive dossier" on what could be the subject of legislative experimentation. The ball is from the side of the state and our parliamentarians that we regularly question on this subject in Marseille and Seine-Saint Denis. Hopefully this time successfully. HdN D. Foal © Poster Bel at the ravine of the Viste  

of our interest to embark, or not, in the creation of a platform of cooperative hospitality on a large scale..

  On January 19, 2016, North Hotel celebrates its 5 years of existence as a "cooperative of inhabitants". Our cooperative process was born long before, with the integrated European Heritage mission between 1995 and 2013, the Heritage Commission 15/16 active from 2009 and a first pilot residence prototype launched in 2010 before adopting the status of cooperative. Five years later, our Co-op has more than 60 members and has contributed to the reception of around 10,000 passengers who came to Marseille by its north. A detailed review will be published as per year following our General Assembly in April 2015. At the economic level, North Hotel must face like so many others to the formidable new competition of the platforms of the collaborative economy, in our case AirBnB to name only the most visible with already a thousand beds available in the Northern Districts of Marseille (7th and 8th sectors). Hotel du Nord has embarked with others for a year in a process of creating a cooperative platform of hospitality on an international scale called for the moment "H2H": from Human to human, from history to stories, from host to hosts. Why embark on the creation of a new co-operative platform on an international scale? What would she be so innovative that would be worth the adventure? Is this not a leak in front coupled with a fascination for the Internet tool? The debate is open in our Co-op and with our partners. The positioning of these platforms is always the same: a direct exchange of person to person C2C, access to a low rate offer (central argument), a system of reputation of the hosts (notation, notice, certification, etc.) without forgetting a marketing speech Centered on the promise of a meeting of a "resident". A tour of the many "alternative" internet platforms in AirBnB makes it possible to understand that they essentially seek to differentiate themselves by specialising in a typology of users: professionals, gays, families with children, rich, etc, and in a Lesser extent on a timid widening of the proposed ancillary services: good places nearby, training offers or visits with its host, etc. in fine, the main value is that of earning the agent easily for the host that hosts ("Change Living, earning money by welcoming ") and the cheapest fare for the Traveller (" twice as much as a hotel "). The hosting services offered via the C2C platforms seem to be the most competitive, as on the C2C platforms positioned on transport, visits, home catering, etc. This competitive rate is achieved by an optimized competition between hosts thanks to an individualisation of hosts which accentuates free competition; A minimum reduction of their solidarity contributions and their rights: minimizing common rights (Labour Code, etc.), social contributions (taxation, social charges, etc.), collective organizations (unions, etc.) with in Fine a majority of hosts without status or self-contractor. Then an exponential expansion of the offer thanks to the possibility offered to all to exercise without being professional: it would suffice to have a sofa to accommodate, a kitchen to cook, a car to transport, etc. (the end of the trades). In fine an optimized competition thanks to the web with an instantaneous and efficient comparison of rates, location, reputation and service. Only the platforms themselves are excluded from this competition through the acquisition of a quasi-monopoly position to impose large margins (and attract the interest of pension funds), to be able to exclude their undesirable members (criticism of the Platform, bad reputation), create a favorable power relationship with the public authorities, optimise their taxation and change the regulations in their favour (lobbying). This logic meets its own limits with today for example 20% of the Parisian accommodation of AirBnB which are the offer of professionals going up to propose a hundred apartments, see hoteliers as in Switzerland. This information, not provided by AirBnB, see contradictions, is the result of increasingly numerous activists to set up systems of vigilance and information vis-à-vis these platforms. In Barcelona, where the new mayor campaigned against mass tourism in his city, the city just launched in December disciplinary proceedings against the two platforms AirBnB and HomeAway for proposing "tourist apartments not "Have not responded to the requests of the administration". AirBnB has already announced its intention to appeal. For all that, AirBnB arrives to impose its choices by spending for example 8 million million last year in the city of San Francisco only to fail, successfully, a referendum that proposed to the inhabitants to frame much more strictly its Activity in the face of increased rents and evictions. Its ambition is to become the first global player in tourism from 2017 and it gives the means. In the United States, where these platforms are more active and established, the debate is becoming very lively. The start up of Silicon Valley is called the "star of Death platform" so they are formidable at all levels, going so far as to declare the state out of play (only the users count) and that no economic sector will be spared! "The Alliance" in the face of the "sharing economy" is organized with the end of 2015 a thousand people who met in New York to launch the foundations of a credible alternative through the "cooperatives platforms". At European level, the European Committee of the Regions has submitted to the European Commission and submits to each Member State a report dated 5 December 2015 on "the local and regional dimension of the sharing economy". This report, rich in its analysis of the context, its findings and its proposals, particularly encourages the European Commission and the Member States to put in place incentives for the collaborative economy in order to support and apply the Principles of the social economy (in particular with regard to the principles of solidarity, democracy and participation, as well as cooperation with the local community). Europe seems to want to not get caught up in speed again by the giants of the Web. Following these findings and in this context, is it possible to develop a credible cooperative alternative? How would our H2H proposal be different and more relevant than the existing platforms? Is it worth the effort to invest time and money in such an adventure? Does it only better frame these giants and do with it? Is it possible to exist economically in the face of the economic logic of the low price imposed by these platforms? Are we doomed to a niche strategy? Faced with this formidable economic logic and its proven effectiveness, we decided to make what would be a priori our weaknesses, our strengths! Where they put the individual alone, we put the common in the plural and at the centre of our activity. We are an offer of hospitality. It is the "heritage communities" within the meaning of Faro, which welcome. Communities that take care of the common, of themselves and of others. We do not offer C2C-consumer to consumer-but H2H-host to hosts, human to human, history to stories. We confirm our commitment to human rights as to democracy and the rule of law as well as to cooperative principles. The Declaration of the International Cooperative Alliance remains our economic reference and the Faro Convention on the right to cultural heritage our European framework. Who are these communities within H2H? They are plural, small and large, self-organized and self-established, producers of general interest and composed of hosts. It is today a network of hotels in rural areas that take care of villages and their communities, a cooperative of host inhabitants who defends its heritage environment in a changing metropolis, a network of hostels, a Cooperative of artisans concerned with the work well done and to pass on its know-how, a travel agency defending the "holidays for all" and a national network of entrepreneurs "producers of general interest". Not to mention the other communities in Europe, the Mediterranean and recently in America who follow us and will certainly join us if we pass the national Cape. Why would a passenger use this platform? Will it be confidential and reserved for the only savvy? The platform we want to put in place aims in the first place to offer the same quality of use as the current ones, see better as the Internet allows. We propose to move from a "one to one" reception with a host who shares with his community only the same platform to a reception by a local "community" existing well before the platform and owner of it. The question of the "reputation" of the host and its "notation" logics increasingly diverted is no longer necessary. The host is a welcoming party of a community that recognizes the quality of its commitment and its offer of hospitality as common know-how (trades). This will not prevent the collection and publication of the opinion of the passengers as on the North Hotel. The host, alone or in a group, has common interests to share with its passengers as their common history, their knowledge and know-how, etc. From 2016, the North Hotel will set up on its pilot platform an experience of taguage of these offers of hospitality and cultural contents so that for example a person sharing our interest in the industrial history of the north of Marseille can Quickly identify how to share this interest through the meeting of hosts, places, works, products, images, archives, artistic creations. Some host communities pay special attention to particular passengers such as commuting workers, migrants, students, families, etc. and offer them specific hospitality offers such as the already Hotel du North in cooperation with the North Hospital (accommodation of relatives of hospitalized persons), businesses and hikers of the GR2013. The community is also an opportunity to benefit from a diverse offer of hospitality and heritage discovery in terms of accommodation, strolls, local products and works as is already the case with Hotel du Nord but which via the founders of H2H Already widens to the know-how (learned with) and the sharing of cultural data. Finally they pool what makes their quality of life and their living environment through the sharing of "good places" where the community goes, the cultural activities it recommends or the spaces it frequents. By putting the common in the centre of the H2H project, we return to the basis of our respective approaches while being positively marked for our passengers of the classic C2C offers. This is the economic bet we want to take by launching H2H. The reading of the media also shows that for some the cooperative status of its democratic and non-profit nature (moderate capital remuneration) would not be compatible with the development of a C2C platform which requires a significant lifting of Financial funds, except may be to entrust the task to "social entrepreneurs" ignoring the cooperative principles. It is first of all to make few cases of the "cooperative giants" present in all economic sectors and which have been highlighted during the International Year of cooperatives. It is also forgetting the plasticity of the cooperative principles that have enabled them to adapt this status to social challenges (cooperatives of sinners, activities, etc.). The paradox seems to us more on the side of the C2C platforms which think that they can in the long term combine collaboration and individualism, sharing and refusal of the Commons, hospitality and surveillance, reciprocity and competition (we are both producer and Consumer). After launching a first prototype platform in Marseille in 2010 with Hoteldunord.coop, having contributed to the emergence of a second prototype with the application "hidden City" in Pilsen in 2015, we launch our third prototype this year with the Version Poitou Charente of HôtelduNord. Coop and create in January the cooperative structure that will carry H2H. Our goal is to launch the National cooperative platform in 2017 and the international one in 2018. The discussion on this article is open through the comments;