Maison des artistes

THE ROLE OF THE MAISON DES ARTISTES

The Maison des Artistes is a voluntary association which received the approval of the relevant ministry to manage the social insurance of artists who create graphic and visual artwork. Its role is codified in the code of social security and falls within national jurisdiction. It acts in the capacity of an approved organisation and its purpose is:

- to permanently undertake a census of artists and their customers known as distributors,

- to collect artists' and distributors' contributions,

- to prepare affiliation files and transfer them to the local healthcare insurance which then provide the carte vitale and set out their entitlement to benefits. It guarantees the role of the employer in terms of affiliation.

CENSUS OF ARTISTS AND DISTRIBUTORS

In terms of labour laws and ministerial directives concerning illegal work, which are also applicable to artistic professions, those who create out of personal pleasure and who do not sell their artwork, given that this is a pastime, must be distinguished from those who market their artwork.

The former is not affected by any social duty, the latter is no longer considered an amateur in terms of social security regulations and, starting from the very first sale, must make a declaration at the administrative services of the Maison des Artistes. This is a very simple procedure which consists of completing a form or making a declaration concerning the commencement of activity on plain paper which is returned with acknowledgement of receipt and includes an identifying number called the order number.

This order number is the physical evidence of the registration of artists on the registers of the organisation and the conformity of their social situation in relation to the distributor who pays them a fee.

A joint letter from the minister responsible for social security and the minister for culture issued on 21 May 2001 to the regional prefects (préfets de région) is a reminder to those who organise expositions of their obligations arising from the sale of artwork. Regardless of the legal denomination of distributors, they are also affected by social insurance and contribute according to their turnover and commissions including taxes or the fee paid to artists or their assignees.

COLLECTION OF CONTRIBUTIONS

All contributions are paid to the Central Agency of Social Security Bodies (Agence centrale des organismes de sécurité sociale (ACOSS)).

Artists: artists who declare taxable income under their art activity contribute to social insurance based on this income plus 15% which represents the basic social contributions, general social contributions (CSG) and social debt repayment contribution (CRDS). This is the application of the income on which contributions are paid, unrelated to the principle of affiliation.

Distributors: any natural or legal person including the state and other public authorities who distributes or markets original artwork which is categorised under graphic and visual arts on a full-time or part-time basis is required to financially contribute to the scheme.

SOCIAL INSURANCE AFFILIATION

- This relates to artists. This is an administrative act which is undertaken by the local sickness insurance fund (CPAM): delivery of the carte vitale (health insurance card), entitlement conditions.

It is imposed ex officio if the taxable income plus 15% is at least equal to 900 times the daily average value of the growth-linked guaranteed minimum wage (SMIC) (see requirements for membership).

It may be imposed by way of exception if taxable income plus 15% is less than 9