Sources: Articles L. 7121-9, L. 7121-10 and L. 7121-12 L. 7121-17 Labour Code.
Author: Alain PLANE, Lawyer, former Joint Commissioner to ASSEDIC the Southwest.
The profession of art has recently, as a result of the transposition of the EU Directive on Services " 1 , to undergo a significant change in the law that regulates its activity, share Article 21 of Law No. 2010-853 of 23 July 2010 " on consular networks, trade, crafts and services "
1 EU Directive 2006 / 123/CE of 12 December 2006 on services in the European internal market, known as Directive 'Services' .
A: A new definition of the profession
The new definition broadens activity of the agent to represent professional interests entertainers :
" activity artistic agent, she is exercised under the name of impresario, manager or any other name, is to receive mandate for consideration of one or more performers for Investment and representing their professional interests . Article L. 7121-9 of the Labour Code.
The contract between the agent and the artist he is now framed, the law provides that a decree forthcoming State Council shall fix the terms of this mandate wrote and respective obligations borne by the parties.
Previously, the activity of a talent agent or " manager or impresario or any other name "was to receive " during a single calendar year term of more than two entertainers of their purchase commitments . It was thus reduced to a single investment artists: purchase contracts. 2
2 placement was to provide as usual services for matching offers and job applications, without the structure that ensures that activity becomes part of employment relationships may arise therefrom: The talent agent was then an intermediary. In the new Act, may advise and defend the interests of the artist beyond the mere representation.
B: Remove the license
The talent agent license is deleted : a mandatory registration and law, in a national registry, replace now. This register is " intended to inform artists and the public and to facilitate cooperation between Member States of the European Union and other States Parties to the European Economic Area ."
An Order in Council of State will specify conditions for entry on the register, and the modalities of its held by the competent administrative authority. " Article L. 7121-10 Labour Code .
Previously, the exercise of professional talent agent was subject to prior administrative authorization : After filing a case to the Ministry of Employment, a license is granted agents artistic annually, through a decree of the Minister of Labour, on the advice of a commission including advisory members of the administration and representatives of unions talent agents, artists and entertainers. The Committee took into particular account the following criteria: activities incompatible with the profession of the minimum knowledge of regulation in the professions and entertainment needs investment in the region.
C: One inconsistency
Previously, the talent agent activity was incompatible with many activities:
entertainer,
Operator specially equipped venues for public performances,
film producer,
Programmer broadcasting or television,
director, art director or manager of a company producing films,
Director artistic or commercial publishing company and recording discs or other recording media,
Manufacturer of musical instruments,
Merchant of music or sound,
rental of equipment and performance spaces,
producer in a broadcasting or television,
Music publisher,
Publicist,
Operator specially equipped venues for public performances,
film producer,
Programmer broadcasting or television,
director, art director or manager of a company producing films,
Director artistic or commercial publishing company and recording discs or other recording media,
Manufacturer of musical instruments,
Merchant of music or sound,
rental of equipment and performance spaces,
producer in a broadcasting or television,
Music publisher,
Publicist,
This list incompatibilities was supplemented by an Act of January 18, 2005, with other professions
Hotel manager, landlord, restaurateur, drinking,
trader or broker or Representative of food or clothing or
articles of personal use,
business of buying and selling of municipal credit recognition.
In the new law still does only incompatibility with the exercise of professional talent agent: "No one can operate as a talent agent if, directly or through an intermediary activity producer of cinematographic or audiovisual . Article L. 7121-9 of the Labour Code.
4: Compensation of officers artistic
In the previous legal framework, the arts commission that agents could receive compensation for their placement services and reimbursement of expenses could not exceed 10% stamp of the artist.
Now "money that talent agents can receive compensation for their services including the investment is calculated on a percentage all compensation to the artist . A decree shall specify and determine the nature of earnings taken into account when calculating the compensation of the talent agent and the ceiling and the terms of payment of his salary. " Article L. 7121-13 Labour Code.
The threshold is modified, the 10% can now be calculated on the total compensation 3 of the artist.
It is also planned as before, that "these are may, by agreement between the agent and the entertainer recipient of investment, be wholly or partially charged to the artist. In this case, the talent agent gives a receipt to the artist of the payment made by him . "
3 The performer may receive in excess of its stamp and pocket costs, including salaries of its rights related to copyright.
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