Morocco/ 5.3 Sector specific legislation  

5.3.2 Performing arts and music

A law [26] pertaining to artists and creative persons issued in 2003 defines the artist writ large, creative artist and contractor/artist.

This law also defines the individual contract, joint contract and the artistic services agency, and determines the contractual obligations between a contractor and an artist. It also establishes the general framework for creating an artistic services agency.

The executive decree [12] accompanying this law—issued in 2003—sets conditions for submitting the artist card (the Moroccan Labour Code obliges employers to submit job cards to the contracted person). This card allows its holder to benefit from various social security services (primary health care coverage and social insurance), grants discounts for using public transportation and helps obtain entry visas.

The advantages of this law:

  • Artists benefit from the provisions of the legislation pertaining to occupational accidents, social security and primary health care services.

  • It considers the contract linking artist and contractor to be an employment contract subject to the conditions of Moroccan labour law, in addition to setting rules for how artists’ must be paid.

  • Minors under 18 years of age are prohibited from acting and taking part in public performances without the permission of the labour inspector, subject to the approval of the minor's guardian.

  • Fees of artistic service agencies are specifically determined and agency officers are prohibited from receiving any deposit or guarantee from artists upon employment. The law obligates the contractor alone to pay the agency fees and determines the amount of fees collectable by the agency for contract work.

On 8 November, 2012, the government council approved a draft decree to specify the conditions and mechanisms for issuing an artist’s card. This draft came after five years of work on decree No. 2.05.1222, which specifies conditions and mechanisms for issuing an artist's card.  The practice highlighted some shortcomings, as well as a number of observations regarding it, especially by professionals and their representative organisations. These observations included the fact that the current decree does not allow for measures and timing for handing out and renewing cards. 

Following these recommendations, the MoC prepared this draft, which includes new requirements, the most important of which were that the MoC would hand over authority for the artist's card and that a technical card for technicians directly involved in producing artistic exhibitions would be developed. The card was given five-years’ validity and the necessary documents for applying for or renewing a card were laid out. 

The draft also stipulates that card carriers have priority in the creative sector and art exhibitions supported by the state. They can take advantage of legislation related to labour accidents, social security and health coverage, and can submit a request for card renewal three months before expiry. 

The draft also stipulates that the Artist Card Committee will examine the files presented to it throughout the year, and make a decision regarding them within three months of receiving the request.  Anyone whose request has been denied can challenge the decision within 30 days of the decision’s announcement. 

A decree [41] pertaining to MoC subsidies granted to support and promote theatrical works was issued in 2000. A decision [37] was jointly issued by Ministers of Culture and Economy and Finance in 2002, determining how subsidies for theatrical works would be distributed. The decision also formed a special committee to examine and select theatrical bands and troupes to fund according to specific conditions and standards. For example, in 2008, 32 theatre bands benefited from a total production support package of MD 3.7 million, and another 29 bands benefited from a MD 1.5 million package to organise and promote their works.

Chapter published: 05-05-2016