A New Federal Government (Finally!) – Big Challenges Ahead for Performing Artists

March 11 2025

With over 22,000 members and €33 million in rights collected in 2024, PlayRight is the second-largest collective management organization in Belgium.

In the lead-up to the regional and federal elections last year, PlayRight released a political memorandum outlining the key policy priorities that need to be addressed in the upcoming legislative term for our community of actors, musicians, dancers, comedians, and performers.

Following the appointment of regional governments earlier in 2024, N-VA, MR, Vooruit, CD&V, and Les Engagés reached a coalition agreement on the evening of January 31. PlayRight closely reviewed the agreement, which was circulating online over the weekend. While culture and media fall under community-level responsibilities, the federal government still holds significant power over key aspects of artists’ careers, particularly in the areas of taxation and social security.

These issues are precisely what we highlighted in our political memorandum. It emphasizes the importance of the artist’s certificate and the fiscal regime for authors’ and neighboring rights, key achievements from previous governments.

On taxation, we read on page 45 of the Dutch version of the coalition agreement: “The fiscal regime for copyright will be expanded to end the existing discrimination between digital professions (who currently cannot benefit from this regime according to the tax authorities) and other professions. Works protected under Book XI, Title 6 of the Economic Law Code will qualify for the copyright fiscal regime.”

This is a major win for rights holders! The entire regime had been at risk of being abolished by the previous government, but this new agreement secures its continuation and limits the expansion to the IT sector, specifically for software developers. This makes sense legally since they’ve been able to benefit from similar rights since 1994.

The agreement also addresses Artificial Intelligence: “We recognize the importance of exclusive (copyright) rights, including when used by artificial intelligence. We closely monitor collective management organizations, ensuring they maintain transparency and properly and timely distribute compensation to rights holders.” (p.62)

This declaration is a step forward, but regulatory follow-up is urgently needed. PlayRight will continue to monitor this closely with the relevant minister.

Lastly, and very important for many artists’ practices: the reform that resulted in the artist’s certificate and the establishment of the Arts Commission. Despite some criticism and growing pains, this reform stands firm. On page 28, we read: “We integrate active, passive, and adjusted availability into a uniform form of active availability for all job seekers, in line with the principle that every jobseeker, as a condition for receiving benefits, must actively seek work. The previous government’s exceptions for artists remain intact.”

PlayRight is grateful to the negotiators for considering our policy points in the final agreement. We remain vigilant, ensuring strict monitoring of political developments at the EU, Belgian, and regional levels. We are committed to constructive dialogue and working together to implement this agreement.

Who are your Ministers?

Jan Jambon (N-VA) – Vice Prime Minister and Minister of Finance and Pensions (Taxation)

Frank Vandenbroucke (Vooruit) – Vice Prime Minister and Minister of Social Affairs (Artist’s Status)

David Clarinval (MR) – Vice Prime Minister and Minister of Labor and Economy (Copyrights, Neighboring Rights, and Artificial Intelligence)

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