Form 4.2. What should I declare, according to my activity and legal status?
1. The main activity is the show: the activity must be declared online at least one month before the start of the activity - see the procedure in form 5.
A. The entertainment contractor is a legal person, that is to say an organization, whatever its status (association, public or mixed body, company, etc.).
He must declare:
- the nature of the activity of the legal entity (production, distribution, touring, operation of a performance venue) and the nature of the performances, as well as a provisional schedule of programming and a description of the project of the company’s performance;
- the elements identifying the legal entity and its legal representative(s);
- elements justifying the presence in the legal entity of one or more persons meeting the requirements of diplomas (higher education, field of study) or professional experience (at least six months of experience in the performing arts) or specific training or skills listed in the directory of the Joint Employment and Performance Commission https://www.cpnefsv.org.
- the applicable collective agreement;
- a commitment on the honour to respect obligations in terms of labour law, social law, intellectual property law, safety of venues;
- a certificate of honour certifying the absence of a conviction or sanction prohibiting the pursuit of a commercial activity of the legal representative or representatives;
and
- 1. if the organization has already organized shows in the past, evidence that the accounts are up-to-date or that outstanding debt laddering protocols regarding social contributions and copyright will be honoured (attach copy of the protocol(s)) a calendar of performances over the past three years;
- a. if the declaration concerns the operation of a venue, information on the conformity of the venue and the justification for safety training at the venue on the directory available on page https://www.cpnefsv.org/formations-agreees/formation-securite-licence-dentrepreneurs-exploitants-lieux.
B. I have a business in my own name (natural person), I must declare:
- the nature of my activity (production, distribution, touring, operation of a performance venue) and the nature of the performances, as well as a projected schedule of programming and artistic intent (company’s live performance project);
- the elements enabling me to identify myself and my company;
- evidence of my qualifications (higher education, field of study) or professional experience (at least six months of live performance experience) or specific training or skills listed in the directory of the Joint Employment and Performance Commission https://www.cpnefsv.org;
- the applicable collective agreement;
- a commitment on the honour to respect my obligations in terms of labour law, social law, intellectual property law, venue security;
- a certificate of honour certifying the absence of a conviction or sanction prohibiting the exercise of a commercial activity;
and
- if I have already organized shows in the past, evidence that the accounts are up to date or that outstanding debt laddering protocols for social contributions and copyright will be honoured (I enclose a copy of the protocol(s)) a calendar of performances over the past three years;
- if I declare the operation of a venue, information on the conformity of the venue and the justification for safety training at the venue on the directory available on page https://www.cpnefsv.org/formations-agreees/formation-securite-licence-dentrepreneurs-exploitants-lieux.
C. I am an individual employer:
The statement will include:
- the nature of my activity (production, distribution, touring, operation of a performance venue) and the nature of the performances, as well as a projected schedule of programming and an artistic intent (live performance project);
- the elements allowing to identify me;
- evidence of my qualifications (higher education, field of study) or professional experience (at least six months of live performance experience) or specific training or skills listed in the directory of the Joint Employment and Performance Commission https://www.cpnefsv.org;
- the applicable collective agreement;
- a commitment on the honour to respect my obligations in terms of labour law, social law, intellectual property law, venue security;
- a certificate of honour certifying the absence of a conviction or sanction prohibiting the exercise of a commercial activity;
and
- If I have previously hosted shows, Honour Certificates that the accounts are up to date, or Outstanding Debt Laddering Protocols for Social Contributions and Copyright will be honoured (I enclose the copy of the protocol(s)); a calendar of the representations of the last three years;
- if I declare the operation of a venue, information on the conformity of the venue and the justification for safety training at the venue on the directory available on page https://www.cpnefsv.org/formations-agreees/formation-securite-licence-dentrepreneurs-exploitants-lieux
2. The main activity is the show, but as an amateur: the obligations depend on the number of performances envisaged
If I organize more than six performances a year with the physical presence of one or more paid artists (for example, the conductor or orchestra accompanying the few annual concerts of an amateur choir; the pianist accompanying the end-of-year show of a dance association), a statement must be made, as a professional performance contractor.
Because of the absence of remuneration for artists, amateur shows (governed by the law on freedom of artistic creation and heritage) are by principle excluded from the scope of the regulation of the profession of entertainment entrepreneur. This is no longer the case when these amateur shows are supervised by paid professionals such as, for example, choir conductors, musical directors, directors. However, Articles L. 7122-19 and R. 7122-13 of the Labour Code provide that this activity may be carried out without a licence, up to a maximum of six performances per calendar year.
The notion of representation is understood in the strict sense of a performance in a place, at a time, and for a given performance. It is thus excluded that a series of shows given on the same day could be assimilated to a single performance.
Unlike live entertainment entrepreneurs in my main capacity, I have to declare the artists and the workers and technicians of the show via the single window of the live show (GUSO), www.guso.fr.
The Guso sends the prefect of the region the information needed to verify compliance with the annual ceiling (Article R. 7122-25).
3. My main activity is not entertainment (incidental entertainment contractor activity): my obligations depend on the number of performances envisaged
> Less than seven performances per year, there is no formality to be carried out with the Ministry of Culture.
Note, however, that the artists and technicians employed for the shows must be through the single window of the live show (GUSO), www.guso.fr.
> From seven performances per year, the activity must be reported, in the same way as the activity of live entertainment contractor on a principal basis.
In contrast to live entertainment companies, artists and show workers and technicians must be declared through the single window for live entertainment (GUSO), www.guso.fr.
The Guso sends the prefect of the region the information needed to verify compliance with the annual ceiling (Article R. 7122-25).
The notion of representation is understood in the strict sense of a performance in a place, at a time, and for a given performance. It is thus excluded that a series of shows given in the same day
can be assimilated to a single representation.
The principal activity of the contractor must be assessed on the basis of the company name or the object entered in the statutes of the undertakings or associations concerned and, where appropriate, on the basis of their actual activity.
Holiday committees, trade unions or local authorities which do not organise more than six shows on the occasion of annual festivities are not subject to reporting requirements. Multipurpose rooms or holiday rooms managed by the municipalities must be considered as not having as their main activity the representation of live performances. They are allowed to organise performances without a licence within the limits of six performances per year. However, the managers of multipurpose halls that regularly host (more than six performances per year) performances (even if they have produced or broadcast by “entertainment contractors for incidental purposes”) will need to hold a valid 1st category license receipt.
Trade show executives fall into this category of entertainment entrepreneurs as a side item if they do not produce or broadcast more than six performances per year. In excess of this number, the operator of the venue, the tour producer or contractor and the presenter of the performances must hold valid licence receipts corresponding to these activities.
Read more
- How to count representations?
A representation is defined by its unity and its audience.
Examples: a show with a first part only counts for a performance.
On the other hand, during a festival where several groups succeed each other on stage, each group is considered to be performing (the audience changes largely between two performances, each going to see the group that interests it).
Thus, a festival organized by a city hall over two days with more than six groups will have to be the subject of a declaration, as well as a concert activity in a café every two months, or the activity of a multipurpose hall in municipal governance that organizes more than six performances per year.
- How do I know what my main activity is?
The main activity is determined mainly by the turnover and the object of the natural or legal person. The NAF-APE code (French classification of activity, main activity performed) assigned by the INSEE at the time of the creation of an enterprise or an association normally indicates what the main activity is.
It is sometimes erroneous or insufficiently detailed – indeed the attribution is based on the first words of the object of the organism: if these words are for example "the association aims to...", the naf code will be the generic code of the associations.
This is why the administration asks, in addition to the NAF code, the object of the activity and the statutes of the natural or legal person. It may be necessary to verify the reality of the activity.
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