We write to provide you an update on the CREATE Art Act,
a bill that Rep. Maxwell Frost (D-FL) intends to introduce this fall.
CREATE Art Act Overview
Establishes a series of DOL-administered grant programs for eligible “emerging artists”:
Progress grants: Provides grants of up to $2,000 to cover allowable costs to support one year of artist activities “such as recording, touring, showcasing, video production, and marketing.”
Project grants: Provides grants of up to $100,000 per proposed project covering allowable costs incurred within 24 months after the date of initial grant application.
Live performance grants: Provides grants of up to $35,000 for live performances with the following requirements:
Not more than $20,000 per grant can be used for live performance domestic touring
Emerging artist must have a current release or an upcoming release
Development fund: Provides grants of up to $10,000 to emerging artists to pay for working and living expenses while “researching, writing, or cultivating stories and projects”
Establishes a Development Committee for Emerging Artist Grant Program to “provide consultation to the Secretary of Labor on the development and implementation of the grant programs… including to evaluate grant applications.”
The Development Committee consists of 12 members, and four members must be “labor representatives in the arts industry.” Other Development Committee members are four representatives of the arts industry and four emerging artists.
Development Committee members would serve six year terms and will not be compensated for their service on the committee.
Eligibility:
An “emerging artist” is someone who:
Has individually earned less than $50,000 in the previous five years and not more than $400,000 in the previous 20 years from their art;
Has evidence of regular creative practice;
Produces or presents projects that are relevant to the community and accessible to the public; and
Meets any other requirements of the Secretary of Labor for purposes of this Act.
Applicants under the age of 18 shall submit a signed parent or legal guardian consent form with application.
Record labels are ineligible for grants. (Artists signed by record labels may apply, but the artist must incur the costs directly. Costs incurred by a record label may not be charged back to the artist.)
Artist managers, producers, and publishers may fill out the grant application on behalf of an emerging artist under this Act, but the artist shall be the named applicant and shall incur the related costs directly. Such costs may not be incurred by the manager, producer, or publisher and then charged back to the artist.
Labor protections
Grant recipients may not utilize grant awards to subsidize paid or unpaid work for professional performers and related or supporting professional personnel employed on projects or productions which are financed in whole or in part by the grant.
NEA/NEH prevailing wage and workplace safety requirements apply to projects or performances funded in whole or in part by the grant program.
Non abrogation of collective bargaining agreements for the term of the grant and two years after such term ends.
Employers who receive money in whole or in part from the grant program cannot engage in anti-union persuasion activity that is subject to LMRDA reporting requirements.for the term of the grant, tour, or project (whichever is longer.)
Allowable costs
Defined as “any costs associated with developing, producing, and performing art, including costs associated with reserving space, studio time, third party personnel costs, third party production costs, and marketing.
Allowable costs must be for “goods and services received in the United States by the grantee that are provided by citizens of the United States or by entities owned or controlled by citizens of the United States.”
