ARTISTIC AGENT
LexInter | February 27, 2011 | 0 Comments

ARTISTIC AGENT

Artistic agent

Activity that can be exercised under various names such as impresario or manager

The activity consists of receiving a mandate for payment from one or more performing artists (in particular lyrical, dramatic, choreographic, variety artists, musicians, chansonniers, conductors, additional artists, arrangers-orchestrators, directors, for the material execution of their artistic conception) to ensure their placement and the representation of their professional interests. The artistic agent manages the career of a beginner or recognized artist.

He prospects, negotiates and monitors employment contracts (artistic, technical, economic and legal conditions). The artistic agent negotiates, in agreement with the artist, the conditions of engagement (amount and mode of remuneration, material conditions, technical conditions), of promotion of the artist, and of exploitation of works (media and rights of diffusion). He monitors the application of contracts.

The artistic agent can also advise an artist in his professional choices.


Obligation to receive a mandate
A decree in the Council of State will soon specify the terms of the written mandate and the respective obligations to be borne by the parties.
Article L7121-9 of the Labor Code

 An artistic agent can produce a live performance when he holds a license as a live performance entrepreneur. However, in this case, he cannot perceive any commission on all the artists composing the distribution of the show.

Article L7121-12 of the Labor Code

Remuneration of the artistic agent
The sums that the artistic agent can receive in remuneration of his placement services may not exceed 10% of the artist’s fee or monthly salary, with the exception of travel expenses or any other professional expenses.
Exceptionally, at the very request of interested artists and on the basis of supporting documents, the costs incurred by the artistic agent may be reimbursed.
These sums may, by agreement between the agent and the artist, be wholly or partially charged to the artist. In this case, a receipt must be submitted.
Order of 22 October 1973

Thearticle L7121-13 of the labor code amended by article 21 of law n ° 2010-853 of July 23, 2010  provides that the sums that artistic agents can receive in remuneration for their services are calculated as a percentage over all remunerations of the artist. However, a decree should soon set:
– the nature of the remuneration taken into account for the calculation of the artistic agent’s remuneration,
– the ceiling and the terms of payment of his remuneration.
Until the publication of this decree in the Official Journal, the terms and the remuneration ceiling in force previously remain applicable.

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 The Article 21 of Law No. 2010-853 of 23 July 2010 abolished the license of artistic agent. From now on, artistic agents must register on a national register. However, this registration will only be possible once the Council of State decree specifying the conditions and modalities of this registration has been published in the Official Journal.

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