foundation documents for teaching artists

 

 

The Conservatory Syndrome

By Arwen Lowbridge

(This article originally appeared in the July 2007 Fractured Atlas Newsletter www.fracturedatlas.org).

Conservatory programs provide artists with everything they need to make art: space, supplies, and a community of peers who learn and grow together. The study of an art form requires this uniquely supportive environment to develop the craft and skills an artist needs to work professionally. But there are critical subjects artists need to learn that are sorely lacking from most conservatory programs.

As a young performer entering college, I believed that a conservatory would offer me superior training and provide me with the real world advice and professional guidance to succeed in the performing arts. After graduating from a renowned program in New York City, I found myself ready to make theater, but unprepared to conduct any business related to my work. My degree is a decade old, but I hear a similar story from countless Fractured Atlas members who are fresh out of college. Given the exorbitant cost of their training, many artists are feeling bitter about what they didn't learn in college.

This epidemic of artists who were never taught about business or financial matters is a result of "The Conservatory Syndrome." The stereotype of the clueless artist is upheld by training programs that lack a basic business curriculum. Worse, it manifests in the minds of students who assume that learning about those things isn't important because "they're artists." This has created a culture of exploitation for artists.

Artists complete their degree and enter a drastically different environment from their conservatories. They may be expertly trained and produce work of the highest quality, but they lack the basic business and production skills necessary to realize their visions. Finding studio space, raising money, gathering supplies, and managing staff are daunting challenges which many well-educated artists are not prepared to face.

If professional training programs do not provide the knowledge needed to successfully navigate the professional landscape, then we artists must seek it out. If our mentors cannot teach us what we need to survive, we have to educate ourselves.

Regardless of discipline, every artist should learn basic information about taxes, contract negotiations, personal finance, fundraising, marketing & promotion and networking. In my experience working closely with independent and emerging companies, I've seen that the artists who learn about business are the ones who succeed in achieving their goals.

In the hopes of curing the conservatory syndrome and to help develop your career or company, I offer three professional pledges for the artist to consider:

I will be responsible for my own career and I will conduct myself as a business professional.

Many artists are understandably intimidated by business; but if you avoid learning about it you only hurt yourself. Understanding it will protect your professional interests and give you tools for success. Be proactive and learn whatever is necessary to help you achieve your goals - seek out the existing resources available to you. You may not consider art to be fundamentally aligned with making money but the two are bedfellows here in the U.S.

I will seek the help of experts when I'm in unfamiliar territory.

This extends to contract negotiations, business etiquette, grant applications, tax returns and marketing campaigns. If you need professional advice, find it and be prepared to pay for it. Usually a small investment from a qualified professional can save you a lot of money down the road. If you don't like the advice you receive, ask around to peers and colleagues for their experience and referrals.

I will value my work in a monetary and a social sense.

Art possesses powerful influence and energy - don't discount this. The work of artists benefits U.S. citizens both socially and economically. Your work should do the same for you: it should generate revenue to pay for your services and make something creatively rewarding for your audience. A simple way to serve both masters is to think locally as much as possible. This can develop your audience, increase your revenue, improve your fundraising potential, and quite possibly change the world. Join advocacy efforts to promote the arts in your area, contact the politicians that represent you and make your concerns as a voter known. Imagine what artists could do if properly organized to engage the civic leadership and create social change.

Art continues to play a bigger role in the economic health of our county. Americans for the Arts just released its newest Arts & Economic Prosperity Study which reports that between 2000 and 2005, the arts and cultural industry grew by 24%, provided 5.7 million jobs, and generated $166 billion in economic activity. Educating yourself about the basics of business is simply a requirement these days, and we artists are up to the challenge.

The Conservatory Syndrome exists because of a false stereotype that artists just don't "get it" and that understanding business isn't important. But artists have never been beholden to stereotypes. By learning some basic principles, we can take real ownership of our careers and our lives. It's our responsibility to do so.

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Copyright, Contract, and The Business Side Information

Books Available

Incorporating Your Business For Dummies. New York: Hungry Minds, Inc., 2001.

Arts and the Internet, A guide to the Revolution, V.A. Sjiva, Allworth Press, NY, 1996.

How to Survive and Prosper as an Artist: Selling Yourself Without Selling Your Soul, 3rd Edition, by Caroll Michels.

Business and Legal Forms for Fine Artists, by Ted Crawford, Allworth Press, NY.

The Artist's Tax Guide and Financial Planner, by Carla Messman, Lyons & Burford.

How to Register Your Own Copyright, 4th Ed. By Mark Warda, Sphinx Publishing, 2002.

Intellectual Property: The Law of Trademark, Copyrights, Patents, and Trade Secrets, by Deborah E. Bouchoux, West, 2000.

Other Resources
Volunteer Lawyers for the Arts, VLA
1 East 53rd St., NY, NY
 Free legal consultations and legal services at minimal administrative fees, to artists and nonprofit organizations; seminars, resource publications, such as An Artist's Guide to Small Claims Court and VLA Guide to Copyright for the Visual Arts. The VLA Art Law Line (212) 319-ARTS, Ext.1 is a free legal hotline staffed by law students and volunteer attorneys who respond to artist's and cultural organization's art-related legal questions. The hotline is staffed Monday to Friday, 10:00 a.m. to 4:00 p.m.
For more information, go to http://www.vlany.org/.

U.S. Copyright Office, The Library of Congress 
101 Independence Ave., S.E. Washington, D.C., 20559-6000.
Copyright Information Kit (ask for the one specifically pertaining to the visual arts).  Answers to many of your questions and a general overview  http://www.copyright.gov, Copies of application forms are free;  For  publications, call 202-707-3000; or go to http://www.copyright.gov/circs/.

Stanford University Libraries
Stanford, CA.  
Copyright and Fair Use Center
http://fairuse.stanford.edu/

U.S. Patent and Trademark Office. For more information, go to http://www.uspto.gov>.

Internal Revenue Service Publications  
IRS Publication #552, "Record Keeping for Individuals," and #583 "Taxpayers Starting a Business."  For more information or to order publications, go to http://www.irs.ustreas.gov/formspubs/

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Resources Suggested by Teaching Artists and Arts In Education Organizations

Information on an individual artist being an independent contractor and having liability insurance for teaching in public schools and after school programs.

Independent Contractor
David Marquis, Executive Director of Marquis Studios 
www.marquisstudios.org/

As an independent contractor you are certainly liable if "anything happens". Here in NYC whomever is sending you to the school (the agency who pays you) is required by law to carry Liability Insurance ($2 million) which protects you. But the fact of the matter is that lawyers sue everyone in sight and when you have insurance a big part of what you are paying for is the "free" lawyers you will be provided with by the insurance company (who want to protect themselves from paying out).

One thing to keep in mind is what are your assets? If you do not own a house etc. there is not much they can sue you for...this makes you an unattractive target to the lawyers. Insurance buys peace of mind and can be less expensive than you think. Talk to your broker. If you already have House or Apt. insurance you may be partly covered or at least this "extra" liability can be put on as a rider on your existing policy and be cheaper than you think.
 
Independent Contractor
from Maude Baum, Artistic Director, eba
 
Make sure you have a contract that spells out what you are responsible for and what the sponsor is responsible for.  You will get a 1099 from the sponsor if you make over $600.  You will need to pay the taxes, etc on this amount at year end.  Be sure you take this into consideration when you set your fee.  Employees have part of their federal taxes paid by their employer.  You will not.  Also, you will be responsible for any and all liability issues.  so, take your insurance and bookkeeping time into account when setting fees.  Let's not loose money on the deal. 
 
Incorporate As A Business
from Jennifer Noonan, Poetry is Power, Inc.
 
An incorporation will protect your personal assets. One can only sue the company then, and only for however much it is worth.  You have to be careful to cross all your I's and dot all your T's, keep your bookkeeping straight and keep things seperate, so they can't "pierce" the corporation and get to you, but it's worth looking into.  Purchasing business liability insurance on top of that is even an extra layer of protection.
 
It's not necessarily as difficult or expensive as you might think. Some good resources:  "Incorporating for Dummies," and The Corporation Company (www.corporate.com).  If you go this route, I'd definitely advise talking to an advisor at SCORE, www.score.org.  Score is part of the Small Business Administration, and is a volunteer organization of retired (mostly) business professionals who mentor new entrepreneurs -- FREE.  Repeat... FREE.  I can't even begin to describe how much they've helped me in starting my business.

The Company Corporation
http://www.corporate.com/

Score

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