What is an employment contract for artists?

The employment contract for artists is an agreement that an agreement that regulates the employment relationship between a show organizer or businessman, and a person who provides an activity in said public shows (actress, dancer, etc).

In this way, this contract contemplates special aspects of the artistic sector that differentiate it from ordinary employment contracts (duration, shift or transfer of rights), since it takes into account the particularities of the provision of the service and the flexibility required by both parties.

When to use this contract?

This model is used when the following conditions occur:

• That the worker provides an artistic activity, that is, that they have the status of artists in public shows.
• That the artistic activity takes place before the public or its recording of any kind is used for its dissemination among the public.
• That said activity is carried out under the organization and direction of the entrepreneur, promoter or organizer of the public show.
• That the worker receives a compensation for his artistic activity.

-If these conditions are met, this contract must be formalized in writing and communicated to the Public Employment Services within 10 business days.

-If these conditions are not met, another type of employment relationship (common or autonomous) or non-employment (amateur) may be applied, according to each case.

For example, if the worker performs at a private party without an audience or if the worker is the owner of the show and assumes the business risk. In these cases, the rules applicable to each regime must be respected.

It must be taken into account that this contract is to regulate the special relationship of an artist in public shows. In case you are looking for more generic content, at LexDoka we have an employment contract.

Essential content

• Identification of the parties.
• Object of the contract.
• Compensation.
• Contract duration.
• Jurisdiction and applicable law.

Optional content

• Confidentiality clause.
• Exclusivity clause
• Non-compete clause
• Lock-in clause
• Clause for the transfer of intellectual property rights

Necessary information

The special employment relationship between an artist in public performances and a promoter is not commercial, but that of employment, so that artists will have the rights and obligations of an employee and those specific ones derived from their status as artists.

Note that:

• Technical and auxiliary personnel are also considered workers who perform an artistic activity, provided that their activity is subject to the same intermittency as that of artistic personnel.
• Included within the concept of artistic activity and public spectacle are the digital environment and new forms of dissemination (for example, streaming).

Applicable law

The law (or ”regulations”) applicable to this model are as follows:

• Royal Decree 1435/1985, of August 1, which regulates the special employment relationship of artists who carry out their activity in the performing, audiovisual and musical arts, as well as people who carry out technical or auxiliary activities necessary for the development of said activity.
• Royal Legislative Decree 2/2015, of October 23, which approves the revised text of the Workers’ Statute Law.

How much does it cost to make this contract with LexDoka?

Currently, we do not have an automated model for this contract. However, if you are interested, please let us know through this contact form, and we will take it into account to develop it and notify you when it is available.

If you need it urgently, LexDoka offers a personalized contract automation service where we will work together with you to see what your needs are and develop it exclusively for you in the shortest possible time. If you are interested, contact us.