Introduction sheet: A live entertainment entrepreneur’s license for whom? Why?
Being an entrepreneur of live shows (see sheets 1 and 2 for the definition of live shows and the trades of entrepreneur of shows), it can be a pleasure, they are also duties. In any case, in France, this means working within a framework set by the Labour Code. It concerns:
- natural persons (individual employers, persons who have set up a business on their behalf);
- legal persons (all bodies, whether associations, public authorities, public or joint bodies, companies, etc.).
In France, the performing artists are presumed employees. Employers may make legal use of the fixed-term contract for employees of the show in jobs for which it is customary not to use the open-ended contract of employment because of the nature of the activity and the nature of the work temporary nature of these jobs (Article L1242-2 of the Labour Code). In view of the precariousness of the employment relationship, the employees of the show can claim a specific unemployment insurance scheme, said «intermittent employees of the show».
Furthermore, intellectual and artistic property law protects works and their creators.
There is also a special vigilance with regard to the safety of venues, following various accidents that have occurred in the past but also because the show is the place of specificities in relation to the common law of safety at work.
For these reasons, the legislator:
- Considers it essential to monitor the compliance of live entertainment entrepreneurs with obligations relating to social law, labour law, intellectual property law and the safety of live entertainment venues;
- subject live entertainment undertakings to the obligation to hold a licence.
To obtain it, the activity must be reported online. This declaration, which is equivalent to a licence application, is examined within 30 days by the regional cultural affairs directorates, for the prefect.
If the prefect finds that the file is complete and compliant, the receipt of declaration is valid as a license, one month after receipt by the administration. The prefect’s agreement is tacit (no issuance of a paper document or email).
If the prefect notices an anomaly in the file, he informs the person concerned during an adversarial procedure with a view to a possible refusal of licence by invalidation of the declaration. The activity is then prohibited.
A license is valid for five years – unless invalidated in the event of ignorance of social law, labour law, intellectual and artistic property law or security.
Thus the validity of the licence receipt is subject to compliance with the law (Article L.7122-7 of the Labour Code). It is also conditional on the performance contractor fulfilling the conditions of competence or professional experience and not having been the subject of a judicial decision prohibiting the pursuit of a commercial activity (Article L. 7122-4 of the Labour Code).
The practice of the profession of live entertainment entrepreneur without holding a valid declaration receipt may give rise to an administrative fine (up to 1500€ for a natural person, 7500€ for a legal person), accompanied by a periodic penalty payment in the event of non-performancepayment or closure of the establishment (Article L. 7122-16 of the Labour Code)
For the complete procedure, see sheet no. 5.