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The Guide

Contracts - working (in Germany)

The employment status of artists, creatives and persons engaged in the cultural sector may vary by country. When it comes to international work, both individuals and any organizers who invite persons engaged in the cultural sector from abroad will quickly find themselves confronted with questions about the legal status. This is because the respective status is used to derive information about the right to social benefits, as well as answers to questions regarding work permits, compensation, taxes, etc.

There are different types of contracts for the various employment relationships in the cultural sector. Especially when the contracting parties engaging in collaborations, live performances, joint projects, sales, etc. are based in different countries, several points must be considered.

A theatre ensemble based in Germany is doing a tour of Portugal and France with five of its employed dancers. The self-employed stage designer also travels with them. How are the workers remunerated? Do the performances abroad affect the compensation of the dancers and the stage designer?
 

An eight-member band with musicians of various nationalities, organised as a private partnership (GbR) based in Germany and consisting of independent artists, is going on a European tour. What must the booking agency stipulate in contractual terms? How are the fees paid to artists for performances in Poland, Italy, Spain, and Norway? Who pays for and books hotels and travel? What about the merchandising revenue at the concerts?

Documents

Annotated loan
agreement - visual arts pdf

Annotated license
agreement - visual arts pdf

Annotated purchase
agreement - visual arts pdf

Annotated guest performance agreement - performing arts pdf

Annotated co-production
agreement - performing arts pdf

Annotated residence
agreement - performing arts pdf

Checklists

Checklist: Free drafting
of contracts pdf