Sheet 2.2. Category 2: Show producers or tour entrepreneurs, who are responsible for a show, bear the cost, and are employers of the artistic stage.
Definition: I am a category 2 entertainment contractor when I am responsible for the show and am an employer of the artistic set (the artistic stage is understood as the artists of the show and, if applicable, the technicians attached to this show – see article D. 7122-1 of the labour code).
If I’m just funding or co-funding a show (just funding), I am not a producer of shows within the meaning of the labour code regulations. I am not required to report this activity as such.
If I’m a payroll carrier, I can’t be a live entertainment entrepreneur. Article L. 1254-24 of the Labour Code arranging “The employee carrier shall carry out exclusively the activity of employee carrier.”. Therefore, she cannot engage in any other activity.
If I am an artist and have incorporated my company ((I have a SIREN number) to perform but I do not employ other artists: I am not subject to the licensing requirement if I do not employ performing artists. : Attention: a performance artist is presumed to be an employee, you must be able to prove that you are truly independent. If it is proven that the artist is not independent (according to a bundle of indices allowing the verification of the link of subordination) then, in case of control, the possible contract of service to others can be requalified as contract of employment: which gives the artist the quality of an employee.
ATTENTION:
- I am a company that has made a statement as a show contractor, I have no right to "troubleshoot" another company that does not have the criteria to have a valid declaration by signing employment contracts in its place for its artists when I am not responsible for the show.
- I am an individual: I do not have the right to "do a service" to a friend artist by signing an artist’s work contract for a one man show that he decided to organize in a café.
- I am a provider of administrative services, I do not have the right to propose to a legal or natural person to sign the employment contracts in his place.
In all these cases, although I have (wrongly) signed the contract of employment, I am not an entrepreneur of live performances, I am not entitled to the validation of my declaration, which is therefore not valid.
Read more :
The producer of the show or tour contractor is the contractor who is responsible for the show. In this capacity, he selects a work, seeks permission to perform it, designs and mounts the shows, coordinates the necessary human, financial, technical and artistic resources and assumes the financial risk of its commercialization.
The tour entrepreneur takes over a show already created, pays the artists and runs the show in different places. Tour entrepreneurs whose activity would be limited to a show show activity fall into the third category (sheet 2.3).
“Tour” means travel by artists, technical and administrative staff for the purpose of public representation given by any entrepreneur, producing or broadcasting one or more shows, in France, in the overseas departments; andsea and abroad, whatever the duration of the stay and the place of representation, as long as they concern an artist at least.
Shows are considered on tour when the trips are made for the purpose of isolated and/or successive public performances given in different venues by a show contractor, creating, producing or broadcasting the show and forcing employees to stay outside their homes.
In addition to the responsibility for the performance, the producer and tour contractor, unless they are simply broadcasters, have the responsibility of employers for the artistic set. This concept of artistic stage refers to the performers and, where appropriate, the technical staff directly involved in the production.