Employment relationships in the media and culture industries (PDF)

Sectoral Activities Department International Labour Office (ILO) 4, route des Morillons CH-1211 Genève 22 Switzerland Employment relationships in the media and culture industries This Issues paper on employment relationships in the media and culture industries (excluding the graphical subsector) was pre- pared by the Office for discussion at the Global Dialogue Forum on Employment Relationships in the Media and Culture Sector, Geneva, 14 to 15 May 2014. During the Forum, the tripartite constituents (participants from Governments, Employers and Workers) will discuss employment relationships in this sector, with a view to adopting points of con- sensus that would encourage future programme development and inform policy-making on this sector at the international, regional and national levels. Sectoral Activities Department GDFMCS/2014 Employment relationships in the media and culture industries  GDFMCS/2014 INTERNATIONAL LABOUR ORGANIZATION Sectoral Activities Department Employment relationships in the media and culture industries Issues paper for the Global Dialogue Forum on employment relationships in the media and culture sector (14 and 15 May 2014) Geneva, 2014 INTERNATIONAL LABOUR OFFICE, GENEVA  Copyright © International Labour Organization 2014 First edition 2014 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. Employment relationships in the media and culture industries: Issues paper for the Global Dialogue Forum on Employment Relationships in the Media and Culture Sector (Geneva, 14 and 15 May 2014), International Labour Office, Sectoral Activities Department, Geneva, 2014 ISBN 978-92-2-128482-6 (print) ISBN 978-92-2-128483-3 (Web pdf) Also available in French: Les relations d’emploi dans les industries des médias et de la culture: Forum de dialogue mondial sur les relations d’emploi dans le secteur des médias et de la culture 978-92-2-228482-5 (print), 978-92-2- 228483-2 (Web pdf): and in Spanish: Las relaciones de trabajo en las industrias de los medios de comunicación y la cultura: Foro de diálogo mundial sobre las relaciones de trabajo en el sector de los medios de comunicación y la cultura 978-92-2-328482-4 (print), 978-92-2-328483-1 (Web pdf) employment / labour relations / social dialogue / work organization / journalist / author / performer / mass media / film industry / entertainment industry 13.01.3 ILO Cataloguing in Publication Data Front cover photographs – Top left: Preparations for filming on a movie set in Moscow, Photographer: M. Crozet, © ILO, 2006; Bottom left: 101st Session of the International Labour Conference. Geneva, 14 June 2012, © ILO, 2012; Right: Ballet performance, Paris, (Public Domain Dedication), 2011 Back cover photograph: Street musicians, Amsterdam, Netherlands. Photographer: M. Crozet, © ILO 2007 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications and electronic products can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected]. Printed by the International Labour Office, Geneva, Switzerland  GDFMCS-R-[SECTO-140121-1]-En.docx iii Preface This paper is intended to serve as a basis for discussion at the Global Dialogue Forum on employment relationships in the media and culture sector. At its 319th Session (October 2013), the ILO’s Governing Body decided that the forum would be held on 14 and 15 May 2014, would be composed of six Worker and six Employer participants, selected after consultations with the respective groups of the Governing Body, and would be open to all interested governments; and that representatives of certain intergovernmental and international non-governmental organizations would be invited to attend. 1 Its purpose is to discuss employment relationships in the media and culture sector (excluding the graphical subsector), 2 with a view to adopting points of consensus that would encourage future programme development and inform policy-making on the selected topic at the international, regional and national levels. Previous meetings relating to this sector were held in 2000 and 2004. 3 This paper, published under the International Labour Office’s authority, includes information from sources including ILO publications, academic studies and statistical databases. It was prepared by John Myers (Sectoral Activities Department (SECTOR)), with contributions by Gijsbert van Liemt, Andrew Bibby and Lucie Servoz, as well as several ILO departments, and was reviewed by Oliver Liang and John Sendanyoye. 1 ILO: Sectoral Activities Programme 2012–13 and 2014–15, Governing Body, 319th Session, Geneva, Oct. 2013, GB.319/POL/4. 2 This issues paper refers to the media and culture “industries”, as the term “sector” is used to refer to the broader media, culture, graphical sector. 3 Symposium on Information Technologies in the Media and Entertainment Industries: Their Impact on Employment, Working Conditions and Labour-Management Relations, Geneva, 28 February– 3 March 2000; and Tripartite Meeting on the Future of Work and Quality in the Information Society: The Media, Culture, Graphical Sector, Geneva, 18–22 October 2004.   GDFMCS-R-[SECTO-140121-1]-En.docx v Contents Page Preface............................................................................................................................................... iii 1. Introduction .............................................................................................................................. 1 2. Employment trends in the media and culture industries........................................................... 2 2.1. General issues ............................................................................................................... 2 (a) Training................................................................................................................ 3 (b) Children and young people .................................................................................. 4 (c) Gender aspects ..................................................................................................... 5 2.2. Newspapers and magazines .......................................................................................... 6 2.3. The film industry........................................................................................................... 7 2.4. Broadcasting ................................................................................................................. 8 2.5. Performing arts.............................................................................................................. 8 3. Employment relationships in the media and culture industries................................................ 10 3.1. General aspects ............................................................................................................. 10 3.2. New technologies and new forms of work organization............................................... 12 3.3. The motivation behind freelancing ............................................................................... 13 4. Trends in work, work organization and employment relationships in the media and culture industries........................................................................................... 14 5. Regulatory and intellectual property issues in the media and culture industries...................... 17 5.1. Freelancers’ legal status................................................................................................ 17 5.2. Competition law versus freelance remuneration rates .................................................. 18 5.3. Authors’ rights and intellectual property rights ............................................................ 19 6. Social dialogue and employment relationships in the media and culture industries ................ 20 6.1. Collective bargaining in the media and culture industries............................................ 20 6.2. Social dialogue.............................................................................................................. 22 7. Concluding remarks.................................................................................................................. 24   GDFMCS-R-[SECTO-140121-1]-En.docx 1 1. Introduction 1. The media and culture industries have undergone significant change in the past two decades, marked by rapid growth in employment opportunities in the sector and dizzying shifts in the structure of the labour market and in work organization – both within employment relationships and through commercial contracts – and by the positive and negative consequences of information and communications technologies (ICTs) on employment relationships and on business and work. These industries play a crucial role in meeting society’s need for information, entertainment, communication and creativity, promoting the value of heritage, expression and diversity, and supporting democratic processes. Employment in these industries has grown, and draws on the creativity, skills, professionalism and dedication of businesses and workers; however, the sector has a long tradition of insecure work, characterized by unclear contractual arrangements and questions over the employment status of its workforce. The last ILO tripartite meeting for this sector concluded: There is a trend towards freelance, self-employed or informal economy work. This can mean that such [media and culture] workers can no longer depend on legislative provisions on social security, even in countries where social security has good coverage. The impact of globalization, ICTs, multimedia convergence and increased international labour mobility should encourage greater efforts by the social partners to bring together workers and employers from a wider variety of countries and industries in social dialogue in various forms. 1 This paper will focus on freelance and atypical work in these industries, rather than on standard employment relationships or agency work. 2. In many countries, the gradual or rapid liberalization and restructuring of these industries has been accompanied by: the growth of a whole range of small and large enterprises (and the disappearance of many others); new employment opportunities and ways of working; technological changes that affect the sector’s composition and employment relationships; the mushrooming of start-ups in social and other new media; significant changes in audience tastes; job cuts in publicly funded media and entertainment companies; and a shift towards more temporary employment arrangements with weaker worker protection. There has been an increase in work where – to quote the Preamble of the Employment Relationship Recommendation, 2006 (No. 198) – there are “difficulties of establishing whether or not an employment relationship exists” (see Chapter 3). 2 Paragraph 4 of Recommendation No. 198 provides that national policy on the employment relationship should include measures to: provide guidance on effectively establishing the existence of an employment relationship and on the distinction between employed and self-employed workers; combat disguised employment relationships; and ensure the general application of protective standards that make clear which party is responsible for labour protection obligations. 1 ILO: Conclusions on the future of work and quality in the information society, Tripartite Meeting on the Future of Work and Quality in the Information Society: The Media, Culture, Graphical Sector, Geneva, 18–22 October 2004, TMMCGS/2004/6, para. 24. 2 The quotation continues “in situations where the respective rights and obligations of the parties concerned are not clear, where there has been an attempt to disguise the employment relationship, or where inadequacies or limitations exist in the legal framework, or in its interpretation or application”.  2 GDFMCS-R-[SECTO-140121-1]-En.docx 3. A report for the 95th Session (2006) of the International Labour Conference notes that, in many countries, legislation contains a substantive definition of the employment contract, worded in such a way as to establish what factors constitute such a contract and hence what distinguishes it from other similar contracts; in other countries, however, legislation is less detailed and the task of determining the existence of an employment relationship or contract is largely left to case law. 3 Some legal systems describe certain potentially ambiguous or controversial situations as employment relationships, either in general or under certain conditions, or at least presume that they are employment relationships. 4 For example, in France, performing artists, models and professional journalists who might otherwise be regarded as self-employed were presumed to have an employment relationship under certain conditions; 5 in Spain, artists engaged in public performances who entered into a relationship with an organizer of public performances or a manager, on behalf of and under the organization and direction of the latter, were deemed to have a special employment relationship; 6 and in Panama, performers and musicians were considered employees. 7 Recent indications of a contrary trend include: an October 2010 amendment to the New Zealand Employment Relations Act 2000, to exclude from the statutory definition of “employee” all those engaged in film production work, thereby removing employment-based rights and protections; 8 and France’s Act No. 2008-776 of 4 August 2008, which appears to limit presumption of employee status, inserting in the Labour Code an article establishing that a person is presumed to be self-employed if his or her working conditions are defined exclusively by him or herself or are defined by the contract with the client company. 9 2. Employment trends in the media and culture industries 2.1. General issues 4. The media and culture industries cover many subsectors, including: mass media, such as the internet, television, newspapers, magazines, books, film and radio; publishing, producing and distributing audiovisual content; performing arts, such as theatre, dance, music concerts and music festivals, opera, comedy and circus; and music recording. The broader media, culture, graphical sector also includes video games, print and electronic publishing and the printing industries. The main occupations in the media and culture industries include: journalists, editors, writers, agents, designers and photographers; musicians, singers, actors and dancers; technicians, producers and directors of film, 3 ILO: The employment relationship, Report V(1), International Labour Conference, 95th Session, Geneva, 2006, para. 74. 4 ibid., para. 103. 5 ibid., para. 105. 6 ibid., para. 104 – Spain, Workers’ Charter, s. 2(1)(e), and Royal Decree 1435/1985 of 2 August, regulating the special employment relationship of performing artists. 7 ibid., footnote 45. 8 Employment Relations (Film Production Work) Amendment Act 2010. 9 Article L.8221-6-1 of the French Labour Code.  GDFMCS-R-[SECTO-140121-1]-En.docx 3 television and live performances; and costume, make-up, scenery, special effects and other staff. 5. In many countries, these subsectors employ more than 1 per cent of the workforce (see Chapter 4), providing entertainment and information services to the entire population. In the European Union (EU) alone, more than 2.3 million people are employed in publishing activities, video and television programme production activities and programming, broadcasting and information service activities, and approximately 1.2 million people work in printing and media reproduction. Although a majority of these are full-time employees, atypical forms of work continue to gain in importance. 10 Furthermore, the EU live performance sector employs almost 1 million people, up to half of whom have self- employed status. 11 According to one observer, apart from in Japan and a few countries in Latin America, “the majority of musicians in Africa, Asia and Latin America live in very precarious conditions. Because the employment status of musicians is frequently insecure and ‘independent’, they are often not covered by social security schemes ... many musicians need to do other jobs in order to earn a living.” 12 6. The structure of media and culture industries has changed, with less government funding, greater emphasis on enterprise development, more independent production and less emphasis on large studios. Over recent decades, technological developments have strongly affected work in this sector, with labour-intensive work using many employees often giving way to technologically advanced work with fewer employees, and more part-time work and teleworking. Competition between media and culture enterprises, styles and formats has influenced business prospects and has had an impact on the numbers of jobs created or cut. The pace of change should be just as rapid in the next few years, as further developments in digital technology are adopted. On-demand or downloaded films and music will increasingly replace scheduled transmissions, cinema and DVD releases and compact disc sales. News, books and other print media will increasingly be accessed electronically, the internet will become ever faster, and the boom in social media further promotes user-generated content competing with or complementing professionally produced material. (a) Training 7. Given the changes that technology is bringing to the media and culture industries, lifelong training approaches are increasingly important, thus employers and workers have a direct interest in ensuring that adequate training is available. The success of an enterprise depends on the skills and knowledge of its workers. While freelance media and culture workers are largely responsible for ensuring that they have the training and skills they need, some examples exist of unions helping freelance members obtain professional training. 8. An Organisation for Economic Co-operation and Development (OECD) report noted that: “Fostering the skills of journalists who increasingly have to be multimedia journalists is central to maintaining a high-quality news environment ... . News organisations have to invest heavily in the creation of a versatile workforce. The role of the universities (and the 10 European Commission: European Sectoral Social Dialogue: Recent developments (Luxembourg, 2010), p. 19. 11 ibid., p. 53. 12 J. Vincent: The social situation of musical performers in Africa, Asia and Latin America (Geneva, ILO, Sectoral Activities Programme, Working Paper No. 172, 2001), p. iii.  4 GDFMCS-R-[SECTO-140121-1]-En.docx teaching of journalism, namely entrepreneurial journalism) in the new media ecosystem is also large and growing.” 13 The National Union of Journalists (NUJ) of the United Kingdom (UK) and Ireland has claimed that “there is a real gap between what journalists are expected to do and the training they are receiving for carrying it out”. 14 The European Commission’s sectoral social dialogue committees for the live performance and audiovisual sectors (see Chapter 6) are currently undertaking a feasibility study to develop a sectoral skills council. (b) Children and young people 9. A unique aspect of this sector is the issues that it raises relating to the employment relationships and conditions of child performers, when employed for short or long periods to work in television series, films and entertainment. 15 In accordance with Article 8 of the Minimum Age Convention, 1973 (No. 138), children may, after consultation with the organizations of employers and workers concerned, be employed for purposes of “participation in artistic performances”, subject to minimum levels of protection regarding the working conditions and hours of work and the safety, health and morals of the young persons concerned. Article 3 of the Worst Forms of Child Labour Convention, 1999 (No. 182), cautions against child labour in “the production of pornography” and in “work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.” 10. Young people have been particularly affected by the weak and uneven recovery from the global financial and economic crisis. It is estimated that some 74.5 million young people – aged 15–24 – were unemployed in 2013; this was almost 1 million more than the figure for 2012. 16 Young people and graduates trying to obtain media and culture jobs often struggle to find a toe-hold, and may enrol in an unpaid work experience or internship scheme, which may involve months of work and might not lead to paid employment (especially given the project-based nature of these industries). There is an apparent imbalance between the large numbers of students undertaking courses related to media and culture and the ability of the industries to take on new workers. 11. In 2010, young people aged 15–24 represented 11.4 per cent of the workforce of the 27 Member States of the European Union (EU27) in motion picture, video and television programme production, sound recording and music publishing activities and 8.6 per cent of the EU27 workforce in programming and broadcasting activities. 17 13 OECD: The Evolution of news and the Internet (Paris, 2010), p. 72. 14 NUJ (UK and Ireland): Shaping the Future: Commission on Multi-Media Working (London, 2007), p. 18. 15 See K. Sand: Child performers working in the entertainment industry around the world: An analysis of the problems faced (Geneva, ILO, Sectoral Activities Programme, Working Paper No. 186, 2003). 16 ILO: Global employment trends 2014: Risk of a jobless recovery? Executive summary (Geneva, 2014), p. 3. 17 Eurofound (European Foundation for the Improvement of Living and Working Conditions): Representativeness of the European social partner organisations: Audiovisual sector (Dublin, 2013a), p. 4.  GDFMCS-R-[SECTO-140121-1]-En.docx 5 12. A report by the International Federation of Journalists (IFJ) and the European Federation of Journalists (EFJ) suggests that young people in France are accepting unpaid hours or unpaid internships as a way to enter journalism. 18 This problem exists in other subsectors and countries. For example, the NUJ (UK and Ireland) states: “The abuse of ‘work experience’ trainees is becoming a scandal, with large numbers of new jobless graduates offering themselves for free to publishers in the distant hope of getting, if not a job, then at least a line for the CV.” 19 However, internships can be mutually beneficial and lead to jobs. (c) Gender aspects 13. Women play an important role in the media and culture industries, although they still face discrimination and lower pay. Some audiovisual occupations remain largely the preserve of men while others (such as those relating to make-up, costumes and hair) are dominated by women. Women are often in “non-standard” employment relationships, while men are disproportionately represented in standard employment relationships. 14. In 2010, less than 40 per cent of audiovisual sector employees were women, a share that was lower than the average share of female employment in the whole EU27 (45.5 per cent). Women accounted for 39.9 per cent of the workforce in programming and broadcasting activities and 34.6 per cent in motion picture, video and television programme production, sound recording and music publishing activities. 20 15. The increase in the freelance membership of the NUJ (UK and Ireland) between 2005 and 2012 was primarily attributable to an increase in the number of women members. This could be an indication that more women than men are studying journalism, that more graduates are entering the profession as freelancers, or that women who lose their staff posts are more likely to go freelance while men would consider leaving the industry; or it could be due to other reasons. 16. The Framework of Actions on Gender Equality agreed on by the EU Audiovisual Sectoral Social Dialogue Committee in 2011 (and which also addresses issues such as gender portrayal in the media, gender roles at work, equal pay and equality in decision-making) states: It is critical when considering working arrangements which support the reconciliation of work and family life that these can be taken up on a voluntary basis by both women and men, and are designed in a way that does not undermine their long-term participation and position on the labour market. Some of the practices aiming at creating a better work–life balance may have adverse effects on the careers of women in particular. Indeed, surveys show that flexible working practices are more used by women than men. In many cases, this has resulted in, inter alia, career stagnation, a pay-gap and lower pensions. 21 18 IFJ–EFJ: Survey report on women in journalists’ unions in Europe (Brussels, 2012), p. 20. 19 NUJ (UK and Ireland): op. cit., p. 17. 20 Eurofound, 2013a: op. cit., p. 4. 21 European Union: Framework of Actions on Gender Equality, EU Audiovisual Sectoral Social Dialogue Committee, 2011, p. 20.  6 GDFMCS-R-[SECTO-140121-1]-En.docx 2.2. Newspapers and magazines 17. In most developed economies, sales of newspapers and magazines in paper format are falling, while the number of online readers has grown. Some publishers have responded to the decline in sales and subscriptions by raising prices (in the United States, for example, this has broadly led to revenue remaining stable, despite declining sales). 22 Traditionally, newspapers and magazines have depended on revenues from sales and advertising, which were estimated at US$164 billion globally in 2012, down from $187 billion in 2008. 23 In recent years, new sources of revenue have been sought by placing editorial content on the internet behind paywalls. In the early years of the internet, most publishers in developed economies made editorial material available to online users free of charge, which some major media groups still do. It remains unclear what the business models will be for free online publishing (including the role of advertising revenue based on the “pay-per-click” model), or how successful general interest publications will be in charging for content, although there are obvious opportunities for specialized publications. 18. In developed economies, the advertising revenue earned by media enterprises from their printed publications – which used to come from recruitment, property, car sales and small (classified) advertisements – is declining, and advertisers are increasingly using online media instead. However, as the World Association of Newspapers and News Publishers has pointed out, digital advertising revenues cannot compensate for the advertising revenues lost to print. 24 Online in-text display advertising has proved to be of limited value; advertising targeted to meet the interests of individual internet users (through the algorithmic analysis of internet usage) is seen as being more promising. 19. The traditional role of professional journalists has changed in recent decades as a result of the rapid diffusion of ICTs, especially smartphones and social networking services such as Twitter, which enable the public to contribute editorial material and photographs. 25 The importance of user-generated content has grown rapidly in recent years. According to the NUJ (UK and Ireland), professional photographers are particularly at risk because, using digital technology, everyone has the possibility to distribute their images. 26 22 See Pew Research Center: The State of the News Media 2013, Key Findings, at http://stateofthemedia.org/2013/overview-5/key-findings/ [accessed 10 Feb. 2014]. 23 See PwC: Global entertainment and media outlook 2013–17, at http://www.pwc.com/ gx/en/global-entertainment-media-outlook/segment-insights/newspaper-publishing.jhtml [accessed 10 Feb. 2014]. 24 World Association of Newspapers and News Publishers: World Press Trends: Newspapers Still Reach More than Internet, 12 Oct. 2011, http://www.wan-ifra.org/press-releases/2011/10/12/ world-press-trends-newspapers-still-reach-more-than-internet [accessed 10 Feb. 2014]. 25 See A. White: The Digital Labour Challenge: Work in the Age of New Media (Geneva, ILO, Sectoral Activities Programme, Working Paper No. 287, 2012). 26 NUJ (UK and Ireland): op. cit., p. 23.  GDFMCS-R-[SECTO-140121-1]-En.docx 7 2.3. The film industry 20. In 2005–09, the top five countries for major film production were India, Nigeria, United States, Japan and China. 27 There are also important film industries in other countries, including Argentina, Brazil, Chile, Egypt and Republic of Korea. The Indian film industry is highly developed and successful, with films often produced on multi-million dollar budgets. Major Californian studios such as Warner Bros, Sony Pictures and 20th Century Fox are among international investors in the industry. 28 China’s box office revenue has seen very rapid growth in recent years and its film industry is expected to double in size in the next four years. 21. The United States continues to be the heartland of the global film industry, with American funded and produced films enjoying worldwide distribution. The industry is significant for the country’s economy and is responsible, according to the Motion Picture Association of America, for providing 284,000 jobs in the core business of producing, marketing, manufacturing and distributing motion pictures and television shows. 29 There has been a small decline in the number of full-length feature films made in recent years by six major studios. 30 The fall in film production has been roughly matched by a rise in production for television, so the amount of work available is little changed. 31 22. In Europe, film financing has become more difficult, partly due to the austerity policies of many countries. There is a requirement under European Union rules to ensure that the amount of state support for film production does not exceed state aid limits. 23. The film industry’s standard business model saw films being released first in cinemas, and then subsequently being sold on video or DVD, and finally being shown on television. The secondary revenue streams have typically played a determining role in whether a film makes a profit or loss. Payments from these uses, known as “residuals”, are important sources of income for some workers in the industry. Indirectly, they also help fund collective pension and health-care schemes (overseen jointly by employer and union representatives). However, recent developments, such as online video on demand, are leading to a reduction in the number of video or DVD sales and potentially could reduce secondary income and residuals; other films are released directly on video or DVD without cinema release. Copyright piracy is also seen as a major problem and film production companies are working closely with trade unions to combat this risk to revenue. Nevertheless, the film industry is perhaps less affected than other parts of the media by challenges from new media. However, employment relationships in the film industry tend to be based on short-term contracts to “work for hire” on individual films on an “as needed” basis, and not on an ongoing relationship with one film studio or another. 27 United Nations Educational, Scientific and Cultural Organization: From international blockbusters to national hits: Analysis of the 2010 UIS survey on feature film statistics, UIS Information Bulletin No. 8, Feb. 2012, p. 8, http://www.uis.unesco.org/culture/Documents/ib8- analysis-cinema-production-2012-en2.pdf [accessed 10 Feb. 2014]. 28 See: http://newsonair.nic.in/100-YEARS-OF-INDIAN-CINEMA.asp [accessed 10 Feb. 2014]. 29 Motion Picture Association of America: The Economic Contribution of the Motion Picture & Television Industry to the United States, Washington, DC, 2012, http://www.mpaa.org/Resources/ 92be6469-1d3c-4955-b572-1d3f40f80787.pdf [accessed 10 Feb. 2014]. 30 The Walt Disney Studios, Paramount Pictures Corporation, Sony Pictures Entertainment, 20th Century Fox, Universal Studios and Warner Bros Entertainment. 31 A. Bibby: Employment relationships in the media industry (Geneva, ILO, 2014).  8 GDFMCS-R-[SECTO-140121-1]-En.docx 2.4. Broadcasting 24. There has been a trend away from in-house programme development towards the use of independent production houses. Programmes are increasingly being commissioned externally, with budget and staffing risks being transferred to the independent producer. This has a direct effect on staff working in television. Media unions have reported that many former employees of broadcasters are now working as freelancers or for independent producers. 25. Public sector broadcasting faces the threat of cuts to licence fees and public funding, and television advertising revenue has decreased, leading to financial instability, and all this is having a direct effect on employment and employment relationships in radio and television. Furthermore, the operating methods of traditional television and radio broadcasting (whether public or private sector) are being transformed by the internet. There is a significant shift from watching scheduled television programmes at set times towards on-demand accessing of programming, both through conventional television sets and via internet and mobile devices. Radio has been affected in different ways, with podcasting, internet radio and other developments. Employment and employment relationships in radio and television have also been touched by these trends, but to a lesser extent than by the changes relating to funding and advertising. 26. Technological developments such as these present a challenge in particular to pay television operators, which typically fund their business model through monthly viewer subscriptions. More generally, however, as viewers can now select what they watch and when, rather than watching scheduled programmes, television advertisements no longer have such a “captive” market or audience. Global revenues from the television advertising business were estimated at around $170 billion in 2013 32 and are crucial to the industry. 2.5. Performing arts 27. As regards live performance, the effects of the financial and economic crisis and ensuing austerity in many parts of the world – with differences by country and type of performance – could be characterized by a generalized tightening of government funding and private sponsorship on the one hand, and reduced spending by audiences on the other. State- subsidized entertainment has been hit harder than those more dependent on private funding. Reduced funding can have an almost direct impact on employment and working conditions – for example, orchestras and cultural institutions have been disbanded or forced to merge; repertoires have been changed; jobs have been cut; and aspirations of finding a steady job have sometimes given way to hopes of being rehired as a freelancer. Although this pattern started well before 2008, the crisis reinforced the trend towards more freelance activities and self-employment. 33 In the EU, short-term contracts have become the norm and contract duration for occasional workers in the entertainment industry has declined steadily since the 1980s. 34 32 See PwC: op. cit. 33 See Eurofound: Representativeness of the European social partner organisations: Live performance industry (Dublin, 2013b), pp. 6 and 7. 34 See European Institute for Comparative Cultural Research: The status of artists in Europe (Brussels, European Parliament, 2006).