Article L7121-11 of the French Labour Code
November 6, 2023
The activity of an artistic agent is commercial in nature within the meaning of the Commercial Code.
The activity of an artistic agent is commercial in nature within the meaning of the Commercial Code.
Subject to compliance with the incompatibility set out in article L. 7121-9, an artistic agent may produce a live performance within the meaning of Chapter II, if he holds a live performance entrepreneur’s licence. In this case, he may not receive any commission on all the artists making up the cast of the show.
The sums that artistic agents may receive as remuneration for their services, in particular placement, are calculated as a percentage of the artist’s total remuneration. A decree sets the nature of the remuneration taken into account to calculate the remuneration of the artistic agent as well as the ceiling and the terms of payment of the remuneration. These sums may, by agreement between the artistic agent and the performing artist…
The mayor supervises art agencies, their branches and ancillary offices to ensure that order is maintained and that hygiene regulations are complied with.
For an artistic agent to produce a live performance without holding a live performance entrepreneur’s licence, in breach of the provisions of article L. 7121-12, is punishable, in the event of a repeat offence, by six months’ imprisonment and a fine of €3,750.
For an artistic agent holding a live performance contractor’s licence and producing a live performance to receive a commission from all the artists making up the cast of the performance, in breach of the provisions of article L. 7121-12, is punishable, in the event of a repeat offence, by six months’ imprisonment and a fine of €3,750.
If an artistic agent established in France fails to comply with the first paragraph of article L. 7121-13, he or she will be liable to six months’ imprisonment and a fine of €3,750 in the event of a repeat offence.
The provisions of this section apply to entrepreneurs of live performances who, with a view to the public performance of a work of the mind, ensure the physical presence of at least one performing artist receiving remuneration.
An entrepreneur of live performances is any person who operates venues or produces or broadcasts performances, alone or under contracts with other entrepreneurs of live performances, regardless of whether these activities are managed publicly or privately, for profit or not. The different categories of live performance promoter are determined by regulation.
Any person established on national territory who falls into one or more of the categories mentioned in article L. 7122-2 may engage in the activity of entrepreneur of live performances subject to : 1° Fulfilling the conditions set out in article L. 7122-4 ; 2° Declaring their activity to the competent administrative authority. This declaration gives rise to the issue of a “récépissé de déclaration d’entrepreneur de spectacles vivants”, equivalent…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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