Can we define
art? Leo Tolstoy called it “a means of union among men, joining them together
in the same feelings, and indispensable for the life and progress toward
well-being of individuals and of humanity”. Oscar Wilde identified art as “the
most intense mode of individualism the world has known.” So, in other words,
no. But, can we define who is a professional artist?
When Labels
Matter
The need to identify
who is or isn’t a professional artist arises all the time. It can be required
to qualify for studio or residential space reserved for artists. It’s needed
when artists are counted in a census, required to pay income taxes, or applying
for funds. And there are surveys by various researchers to track items such
as trends in artists’ employment, or the economic benefits of creative
communities. However, compared to other occupations that require a license,
permits, or even reported income, the label “artist” can be subjective.
An Artist’s
Job is Art
People with
more than one source of income is counted in the job where they work the
greatest number of hours. Because the focus is on paid employment, rather than
the amount of time spent in the studio or a desire to sell art, many artists
are likely to be overlooked, and therefore not counted as artists. On an
individual basis, this doesn’t have an effect, but there is a national policy
downside. Legislators are less likely to appropriate money to the arts or to
create laws that benefit artists if this group is significantly undercounted.
Artists Turn
a Profit on Their Art
The Internal
Revenue Service takes a narrow view of who qualifies as an artist. There are
nine criteria that the IRS applies in order to separate professionals from
hobbyists. Professionals may deduct their expenses, and hobbyists may not:
Is the activity carried on in a businesslike manner?
Does the
artist intends to make the artistic activity profitable?
Does the
individual depend in full or in part from income generated by the artistic
work?
Are business
losses to be expected, or are they due to circumstances beyond the artist’s
control?
Do business
plans change to improve profitability?
Does the
artist have the knowledge to make the activity profitable?
Has the
artist been successful in previous professional activities?
Does the
activity generate a profit in some years and, if so, how much of one?
Will the
artist make a profit in the future?
An artist
doesn’t need to answer “yes” to every question in order to legitimately deduct
business-related expenses. These can include art supplies and equipment, studio
rental, travel, educational expenses, and promotional costs. But the IRS
demands proof that an artist makes an effort to earn a profit in three out of
five years.
Artistic
credentials, which don’t usually matter to collectors and critics, may help an
artist makes a case that he or she is a professional for tax purposes. These
include earning a bachelor’s or Master’s degree in fine arts, membership in an
artists’ society, experience teaching art, inclusion in an art directory, and
an exhibition history.
Professional
Artists Require a Studio
There are
several agencies that certify an artists’ eligibility to rent or buy live-work
loft apartments with residential and studio space. Artist certification
committees determine an applicant’s need for space and qualifications as a
serious, rather than the professional, artist. According to the artist
certification guidelines of the Boston Redevelopment Authority in
Massachusetts, “Any artist who can demonstrate to a committee of peers that
they have a recent body of work as an artist, and who requires loft-style space
to support that work, is eligible.” The definition these committees use is
quite flexible, focusing on subjective factors.
The Artist
Certification Committee of New York City’s Department of Cultural Affairs looks
at the “nature of the commitment of the artist to his or her art form as his or
her primary vocation”. This is used for evaluation rather than a set of hard
numbers — exhibitions, sales, awards, memberships — which would tend to
disqualify most applicants.
Artists as
Independent Contractors
Artists
generally are self-employed. They work in their own studios, set their own
hours, and create objects of their own making. But sometimes they do work for
someone else. For instance, they may act as a studio assistant or be
commissioned to produce an artwork. In these circumstances, the definition
matters a lot, principally because of the issue of copyright. An employee gets
a salary, works set hours, and is given explicit instructions on how to fulfill
tasks. Consequently, the creative work that the individual performs on the job
all belongs to the employer.
Artists Call
Themselves Artists
According to
Marcel Duchamp, the artist defines art. And it seems increasingly true that
nowadays artists also define who and what they are. Definitions by nature are
confining and restrictive, while art and its makers seek to be expansive and
inclusive. It may be simpler to state what makes an artist a professional than
what defines an artist. And part of an artist’s job is to understand how
artists are seen and what is expected of them.
Resourse
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