LAW NO. 2004/001 OF APRIL 21, 2004, CONCERNING THE REGULATION OF ENTERTAINMENT
The National Assembly deliberated and adopted, and the President of the Republic promulgates the following law:
CHAPTER I: GENERAL PROVISIONS
Article 1. – This law applies to professional and amateur live entertainment.
Article 2. – For this law and the regulations issued for its implementation, the following definitions apply:
– “artistic agent”: any natural or legal person who, particularly under the title of impresario or manager, provides engagements to an artist or group of performing artists;
– “performing artists”: musicians, songwriters, choreographers, actors, any other person performing or presenting a literary or artistic work;
– “Live performance promoter”: any person operating, alone or under contracts with other live performance promoters, an activity involving the operation of performance venues, the production or distribution of performances, regardless of whether these activities are managed publicly or privately, for profit or not;
– “Amateur live performance”: a performance involving the physical presence of at least one performing artist who does not receive remuneration for the public performance of a literary or artistic work;
– “Professional live performance”: a performance involving the physical presence of at least one performing artist who receives remuneration for the public performance of a literary or artistic work.
Article 3. Live performance promoters are classified into three categories:
– those who operate performance venues equipped for public performances;
– those who produce performances or undertake tours, and are responsible for a performance, including the responsibility of employing an artistic team;
– those who promote live entertainment, notably by providing, under contract, services such as reception, ticketing, and advertising, as well as tour promoters who do not have employer responsibilities towards the performing artists.
CHAPTER II:
CONDITIONS FOR CARRYING OUT THE ACTIVITIES OF ENTERTAINMENT PRODUCERS AND ARTISTIC AGENTS
Article 4.- (1) No one may engage in the activities of a professional live entertainment promoter in any of the categories mentioned in Article 3 above without obtaining a license issued by the competent administrative authority, according to the procedures specified by regulation.
(2) When the professional live entertainment promoter is established in Cameroon, a license is issued for a renewable period of two (2) years.
(3) A professional live performance promoter not established in Cameroon and who does not hold a qualification deemed equivalent under international conventions must:
– either apply for a license for the duration of the planned public performances;
– or submit a declaration to the competent authority one month before the scheduled date of said performances. In this second case, the performance is subject to a contract with a licensed live performance promoter.
Article 5.- (1) No one may act as an artist’s agent without obtaining a license issued by the competent administrative authority, in accordance with the procedures specified by regulation.
(2) The license issued for the practice of the activity of artist agent is valid for a period of one (1) year, renewable under the conditions and procedures specified by regulation. (3) Unless a reciprocal agreement exists between Cameroon and the State of which the foreign artist agent is a national, a foreign artist agent, to place artists in Cameroon, must use a Cameroonian agent holding the license referred to in paragraphs (1) and (2) above.
Article 6. (1) The granting of the license is subject to conditions relating to the professional competence of the applicant and to insurance covering risks related to performances.
(2) No license may be issued to a person who has been convicted by a court of law prohibiting them from engaging in commercial activity.
(3) No one may simultaneously practice the activities of artist agent and show promoter. This incompatibility applies even to the employees of agents and promoters.
(4) In the event of a violation of the provisions of this law and of the laws relating to the employer’s obligations concerning social security and the protection of copyright and related rights, the license may be withdrawn.
(5) For the purpose of issuing the license, the relevant administrations and bodies shall provide the competent authority with all information relating to the situation of entertainment promoters concerning their obligations and to the Tax Administration.
(6) The conditions and procedures for the application of the provisions of this article shall be specified by regulation.
Article 7.- (1) The license of an artist’s agent or entertainment promoter is strictly personal and non-transferable.
(2) It is granted for a single agency or a single specific company.
(3) When the activity of artist’s agent or entertainment promoter is carried out by a natural person, the license shall be granted to that person upon proof of their registration in the commercial and personal property register.
(4) When the aforementioned activity is carried out by a legal entity, the license is granted in the name of that entity.
Article 8. – The activity of an amateur live performance promoter is unrestricted.
Article 9. – Each performance promoter or artistic agent contributes, according to the procedures established by regulation, to the Special Allocation Account for the Support of Cultural Policy.
Article 10. – The placement of performing artists may be free of charge or for a fee.
Article 11. – Every artistic agent shall submit quarterly to the Administration responsible for cultural affairs a report on the placements made for the period.
Article 12. – To ensure the payment of artists’ salaries or fees, the revenue generated by performances may, at the request of the artists or the Administration, be subject to seizure during the performance, or to seizure authorized by an order of the Court ruling in summary proceedings.
Article 13. – The remuneration of performing artists involved in professional live performances, that of artistic agents and show promoters, and the reimbursement of expenses incurred by them are determined by regulation.
CHAPTER III:
PROTECTION OF PERFORMANCE VENUES AND VENUES
Article 14. – Without prejudice to the provisions of current legislation, the construction of a performance venue or hall is subject to prior notification to the Ministry responsible for cultural affairs.
Article 15. – No owner or user of a performance venue specifically designed for public performances may modify it or change its designated use without the authorization of the Minister responsible for cultural affairs.
Article 16. Anyone who violates the provisions of Article 15 above shall restore the premises to their previous condition, under penalty of a fine imposed by the Minister in charge of cultural affairs. Article 17. The security of venues and live performance spaces is ensured according to the procedures determined by regulation.
CHAPTER IV: PENAL PROVISIONS
Article 18. Anyone who engages in the activity of an artistic agent or live performance promoter without holding the license provided for by this law shall be punished by imprisonment for six (6) months to two (2) years and a fine of 200,000 to 5,000,000 CFA francs, or by one of these two penalties only.
Article 19.- Natural persons found guilty of the offence referred to in Article 18 above shall also be liable to the following additional penalties:
– prohibition from carrying out the activities governed by this law for a maximum period of five (05) years;
– Closure for a maximum period of five (5) years of the establishment(s) used to commit the offense;
– Publication of the conviction.
Article 20. The penalties incurred by legal entities are:
– a fine of 400,000 to 10,000,000 CFA francs;
– closure of the company’s establishment(s) used to commit the offense;
– publication of the conviction.
CHAPTER V: FINAL PROVISION
Article 21. All prior provisions contrary to this law are hereby repealed. This law shall be registered and published according to the emergency procedure, and then inserted in the Official Gazette in French and English.
Yaoundé, April 21, 2004
The President of the Republic, Paul Biya
DECREE No. 2012/3053/PM OF 09 OCTOBER 2012 ESTABLISHING THE PROCEDURES FOR THE IMPLEMENTATION OF CERTAIN PROVISIONS OF LAW No. 2004/001 OF 21 APRIL 2004 CONCERNING THE REGULATION OF ENTERTAINMENT
The Prime Minister, Head of Government,
Having regard to the Constitution;
Having regard to Law No. 2004/001 of 21 April 2004 concerning the regulations governing entertainment;
Having regard to Decree No. 92/089 of 4 May 1992 specifying the powers of the Prime Minister, Head of Government, as amended and supplemented by Decree No. 95/145-bis of 4 August 1995;
Having regard to Decree No. 2011/408 of 9 December 2011 concerning the organization of the
Government;
Having regard to Decree No. 2011/409 of 9 December 2011 appointing a Prime
Minister, Head of Government;
Having regard to Decree No. 2012/382 of 14 September 2012 concerning the organization of the Ministry of Arts and Culture,
it is hereby decreed:
CHAPTER I: GENERAL PROVISIONS
Article 1. This decree establishes the implementing procedures for certain provisions of Law No. 2004/001 of 21 April 2004 concerning the regulation of live performances.
Article 2. (1) The Minister in charge of culture is responsible for the organization of live performances.
(2) Notwithstanding the provisions of paragraph (1) above, any natural or legal person fulfilling the conditions stipulated in this decree may be authorized to organize a live performance.
(3) The authorization referred to in paragraph (2) above is issued by the Minister in charge of culture under the conditions stipulated in this decree. Article 3. Live performances shall take place in venues open to the public, including in vehicle spaces specifically designed for this purpose, as well as in designated areas.
Article 4. The construction of a performance hall is subject, in addition to the conditions stipulated by applicable laws and regulations, to a special declaration to the Minister responsible for culture.
Article 5. No public performance hall specifically and permanently equipped for concerts, variety shows, or dramatic, operatic, or choreographic performances may be repurposed or demolished without the owner or user having obtained authorization from the Minister responsible for culture.
Article 6. Any request for the demolition or decommissioning of protected venues must be expressly authorized by the Minister responsible for culture.
Article 7. Decentralized local authorities may make available equipped venues for the organization of performances under conditions they freely define.
Article 8. – Subject to compliance with the provisions of applicable laws and regulations, activities related to the organization of shows may only be carried out by persons who have reached at least the age of majority.
CHAPTER II:
ON OBTAINING A LICENSE TO CARRY OUT THE ACTIVITIES OF AN ENTERTAINMENT PRODUCER OR ARTISTIC AGENT
Article 9.- The activity of a professional live entertainment producer in one of the categories provided for by law, as well as that of an artistic agent, is subject to obtaining a license issued by order of the Minister in charge of arts and culture.
Article 10.- (1) The application for a license to operate as a professional live entertainment producer or artistic agent must include the following documents:
– a stamped application form at the current rate indicating the applicant’s full name or company name, address, and the activity concerned;
– a certified copy of the birth certificate dated less than three months prior;
– an extract from the criminal record, bulletin No. 3, dated less than three (3) months prior;
– a certificate of nationality;
– a certificate of residence;
– A document attesting to at least five years of professional experience or at least three hundred hours of professional training completed by the applicant in the performing arts;
– A certificate of registration with the Trade and Personal Property Credit Register for those engaged in commercial activity;
– A certified copy of a valid taxpayer identification card.
(2) The application is submitted, against receipt, to the territorially competent department of the Ministry of Culture, which forwards it, through the proper channels, within fifteen days to the Minister of Arts and Culture, along with their opinion.
Article 11.- (1) The Minister of Culture has a maximum of ninety days from the date of transmission of the application to issue the requested license.
(2) Upon expiry of this period, the license is deemed granted if the application has not been formally rejected.
Article 12. (1) A professional live performance promoter’s license is issued to any person established in Cameroon for a renewable period of two years.
(2) Renewal is carried out in the same manner as the initial application, for the same duration, based on the regularity of the activity.
Article 13. (1) When a foreign professional live performance promoter does not hold a qualification deemed equivalent under international conventions duly ratified by Cameroon, they may apply, in the same manner as Cameroonian nationals, for a license which will be issued only for the duration of the planned public performances.
(2) In this case, they are not required to comply with certain conditions specific to nationals, including residency and registration in the trade register.
Article 14. Associations recognized by law, public authorities, and individuals who organize cultural events on an occasional basis for philanthropic, socio-educational, sporting, or religious purposes are exempt from this license.
CHAPTER III:
ORGANIZATION OF PERFORMANCES
Article 15. A professional live performance promoter holding a valid license is authorized to organize performances throughout the national territory.
Article 16. The organization of any performance is subject to prior authorization and must be carried out in strict compliance with regulations concerning safety and public freedoms.
Article 17. Notwithstanding the provisions of Article 2 above, the territorially competent administrative authority may authorize the organization of a performance within its jurisdiction, after receiving a technical opinion from the decentralized services of the Ministry responsible for culture.
Article 18. The application for authorization to organize a performance professionally must include the following documents:
– a stamped application form;
– a certified copy of the cultural performance promoter’s license;
– proof of availability of a venue or space to host the performance;
– a receipt for payment of copyright royalties issued by the accredited copyright society in the relevant performance sector;
– proof of insurance coverage for performance-related risks with an accredited company;
– a receipt for payment of the fixed contribution to the Cultural Promotion Fund issued by the administration responsible for cultural affairs.
– A commitment to repair any damage in the event of deterioration of public property or the public establishment where the performance takes place;
– A copy of the duly signed contract(s) with the artist(s) scheduled to perform in the performance.
Article 19.- (1) All applications for authorization to present live performances on a professional basis must be submitted to the territorially competent administrative authority at least two weeks before the proposed date of the performance.
(2) The said administrative authority has a maximum of seven days to issue a decision. Failing this, the authorization is deemed granted.
Article 20. Foreign live performance promoters not residing in Cameroon who intend to organize a performance may elect domicile with a national live performance promoter holding a valid license.
Article 21. (1) Foreign live performance promoters not residing in Cameroon who intend to organize a performance must enter into a contract with a licensed promoter.
(2) This contract must clearly state:
– the address of the company representative in Cameroon for the duration of the performance;
– the trade name, name or corporate name and address of the legal entity established abroad, the identity of the legal or statutory representative, the legal form and, where applicable, its registration number in a professional register;
– The identity and address of the entertainment promoter established in Cameroon, holding a license as an operator, distributor, or tour promoter, with whom the service contract is concluded; – The address of the venue(s) where the performance is to take place, the start date of the performance, and its expected duration.
Article 22. (1) Authorization to organize a live performance professionally is valid only for the duration of the performance for which it was granted.
(2) No advertising may be organized for this purpose before obtaining said authorization, which must be requested before any broadcast of commercials or advertisements in the media.
Article 23. The responsibility for any canceled live performance lies entirely with the entertainment promoter, who, if tickets have been sold for the performance, must issue a refund and compensate for any other damages related to the cancellation.
Article 24. Every entertainment promoter is required to pay the sum of ten thousand FCFA to the Public Treasury for the Cultural Policy Promotion Fund.
Article 25. Professional live entertainment promoters are subject to the following obligations:
– pay taxes and duties where applicable;
– pay copyright royalties;
– contribute to the Cultural Promotion Fund;
– respect the number of seats available for ticket sales;
– adhere to the advertised program;
– establish a contract with the artist(s);
– avoid any misleading advertising;
– hold the performance in a venue or location authorized to receive the public;
– comply with public safety regulations.
Article 26. (1) Associations recognized by law, public authorities, and individuals planning to organize cultural events on an occasional basis for philanthropic, socio-educational, sporting, or religious purposes are exempt from authorization. However, they are required to submit a prior declaration.
(2) The declaration must be submitted at least fifteen days before the event and must specify the location, date, nature, and duration of the event.
Article 27. (1) In the event of damage to public equipment and property during a performance organized by a performance promoter who has been granted the use of such equipment and property, the promoter is required to repair the damage.
(2) The damage is documented in a report drawn up by law enforcement at the expense of the performance promoter in question.
Article 28. The organizer of any performance must indicate in their application for authorization or in their declaration whether or not pyrotechnics will be used and the security measures planned.
Article 29. The participation or involvement of any minor child in a performance is subject to the written permission of their parents or guardian before the rehearsal or performance.
Article 30. In the event of total or partial non-payment of salaries and other remuneration due to performing artists, and at the request of the latter, the Minister in charge of culture may seize revenue generated by the performances in the manner authorized by law.
Article 31. Professional live performance promoters and artistic agents are required, within a maximum of thirty days after their performance, to provide the Ministry in charge of culture with a report on the performance, indicating the amounts of fees paid to the various stakeholders, including artists, technicians, and administrators.
CHAPTER III:
SAFETY IN PERFORMANCE VENUES AND VENUES
Article 32.- (1) All structures intended to house the organization of a performance must be erected on a stable surface to ensure their stability and prevent the movement of the performers. (2) These structures include, among other things: tents, scaffolding, portable grids, and electrical power supply equipment.
Article 33.- During the construction of said structures, care must be taken to ensure that they can withstand the weights and loads imposed upon them, taking into account the effects of rain, lightning, and wind when erecting, dismantling, or working on scaffolding or other elevated work surfaces or structures.
Article 34. (1) When using suspended scenery elements, any moving parts that could entangle or unbalance the aerial scenery should be secured with a safety fastener before each element is suspended.
(2) All metal parts that bear or are likely to bear a load should be bolted or welded to the scenery.
Article 35. (1) The stage surface, ramps, platforms, and trapdoors must meet safety standards for all types of performances. Backstage areas, including dressing rooms and access routes between the facilities and the stage, must be closed to the public and equipped with a mutual monitoring system.
(2) Entrance and exit routes must be clearly marked, properly lit, and free of obstructions.
Article 36. Cabling and wiring must be routed securely, away from areas frequented by the public. If this is not possible, the wiring and cabling must be adequately protected to prevent damage and any other risks.
Article 37. (1) Each platform on which musicians sit to perform must be equipped with protective edges of sufficient height and strength to prevent chairs or music stands from sliding off the platform.
(2) It must also be protected against contamination by dust, fumes, smoke, and emissions of condensation or hazardous gases.
Article 38. (1) The lighting must be sufficient, before and during the performance, to allow those concerned to enter and exit the stage safely.
(2) The power supply must be sufficient to provide lighting for all music stands and to meet any other electrical requirements.
(3) All electrical wires used must be of adequate length and must not be positioned in such a way as to obstruct normal movement on the stage.
Article 39. – In the event of deteriorating weather conditions, including the possibility of thunderstorms or windstorms, or even unexpected temperature changes, all available equipment, including emergency lighting, heaters, fans, and shelters, must be accessible and ready for use to improve conditions.
Article 40. – (1) Halls and spaces intended for the organization of performances must be equipped with a sufficient number of appropriate fire extinguishers, placed at reasonable distances in strategic locations.
(2) Any obstruction of the ceiling, including fire extinguisher nozzles, lighting equipment, and cameras in use, must be protected and clearly marked.
Article 41. When fog or smoke products are used during a performance, they must be used and maintained in good condition in accordance with the manufacturer’s instructions and recommendations, without being modified or having any other substances or chemicals added.
Article 42. Any vehicle or motorized equipment, stationary or moving, used for a performance, must be driven by a qualified person on terrain that presents no danger to the performers or the public.
CHAPTER IV:
MISCELLANEOUS TRANSITIONAL AND FINAL PROVISIONS
Article 43. Venues and spaces intended for stage performances, installations, as well as technical and safety equipment, must be subject to systematic inspection by the Ministry in charge of culture in collaboration with law enforcement and any other expert appointed for this purpose.
Article 44. Any violation of the provisions of this decree shall be punished in accordance with Law No. 2004/001 of April 21, 2004, concerning the regulation of live entertainment, without prejudice to the disciplinary measures provided for by the regulations in force.
Article 45. Live entertainment promoters who were not previously required to hold a license or file a declaration to conduct their business shall have a period of three months to submit a license application or to send a declaration to the Minister of Culture in the jurisdiction where the company’s headquarters are located.
Article 46. Specific texts from the Minister of Culture shall, as needed, detail the implementing procedures for this decree.
Article 47. The Minister of Culture is responsible for the implementation of this decree, which shall be registered and published according to the emergency procedure, and then inserted in the Official Gazette in French and English.
Yaoundé, October 9, 2012
The Prime Minister, Head of Government, Philemon Yang