Fine Artist Exemption: What does it mean?

On February 6, Assemblywoman Lorena Gonzalez, author of AB5(2019) and AB1850(2020) tweeted “This is just a piece of the clarifications you will see in AB1850 & additional resources and relief for small businesses that are complying with this new law. We plan to have a few more formal announcements next week.”

Due to the lobbying efforts of California Arts Advocates “Fine Artists” received a professional exemption from AB5. As "Fine artists" has been left undefined in the bill, it is subject to interpretation. On December 10, California Arts Advocates Executive Director Julie Baker and CAA’s lobbyist met with the author’s office. They confirmed it was left undefined on purpose. What we know is the traditional reading of “Fine Artists” is visual and craft artists but if you have an MFA in Theatre, are you also a “Fine Artist”?

Assemblymember Lorena Gonzalez, author of AB5, the bill that codified the Dynamex decision and determined exemptions such as “fine artists” has introduced clean up legislation AB1850. Over the last year, Californians for the Arts and California Arts Advocates (our partner lobbying organization) have worked to educate the legislature on the possible impacts of AB5 on the creative industries and to lobby for specific exemptions for the field.

Although our intention is to continue to educate legislators based on the data and information we receive from you as well as deliver workshops to provide resources and support for compliance, all of this points to the need for continued and increased investment in the arts. We can all agree, we want to see artists valued and uplifted and a paradigm shift from starving artists to thriving artist and we need public and private funding to make this happen. This is an exciting opportunity to galvanize the field to work together to build public will for the impact the arts make in our lives, our communities, and our economy. Join us in our campaign! Posted January 13, 2020