Employment law is the one that governs the relationship between the employer and the employee and it helps in laying down the procedural norms that are to be followed by both the parties for completion of the work. Such a law is meant to safeguard the rights related to employability of the people. It helps in determining that what working conditions the people need, what social practices are prohibited like child labour, what should be the terms of employment and minimum wages for a job, the working hours and must have facilities for an employee, policies related to health and safety standards, matters related to trade unions and much more.
Employment law norms for artists
Talking about the employment law, it is different for each country and each State or even locality. For instance, an Alameda County employment attorney will not have the expertise to guide you through an employee law issue in New York City or Miami. when it comes to the question of employment law related to artists then things are a bit different. It is so because the nature of work of an artist is different from the other types of routine jobs. An artist is the one who earns a living by portraying creative work in different fields. An artist can belong to any domain like a music artist, painter, author, film producer, director, actor, performer, photographer etc. These are the people who eventually produce some kind of creative work with their abilities.
There can be 2 cases considering the employment law for artists:
- If the artist is working under an organization
If an artist is working under an organization then he or she has to abide by the terms which are laid down in the employment contract. And the organization also has to provide all the facilities and decided remuneration that they have promised along with proper working condition to the artists. In such cases the right to the creative work that is produced by the artist will be dependent on as per the terms laid down in the contract of employment. The artists can transfer the right to use the work created by them to the company or if they want they can ask for the credibility such as providing recognition for the work they have done.
In this case both the parties to contract have to abide by the conditions stated in the agreement. Failing to do so can result in legal consequences. But if any condition mentioned in the employment contract is not right as per the employment law of that country then it needs to be modified so that all things fall under the legislative norms.
- If the artist is working independently
If the artist is working independently then the employment law protects the rights of such workers in the form of copyright. For their artistic works the artists can obtain copyright which gives the sole right to them for using, distributing and selling such work for a fixed number of years. Thus the artists reap the benefits by having the sole right to their work and selling it in the way they want. In this case they will decide that who will distribute their work, what royalty they are going to charge, the resale value, etc.
However if an artist wants to distribute and sell the work to another country then he has to look that what are the laws for the protection of rights in such nation.