What is a "commercial performance"?
A commercial performance is an artistic performance aimed at making profit in various forms, including (1) the payment of remuneration to a performing group or individual; (2) the public sale of tickets or the charging of fees; and (3) the sale of goods or advertising during the course of the performance. In other words, all legitimate profit-making artistic performances could be categorized as commercial performances.
For example, if a circus comes to Wangjia Village and sells tickets to villagers who watch the performance, it counts as a commercial performance. If Granny Zhang and Granny Wang perform a square dance in public just for the fun of it, however, it is not commercial performance.
Entity and establishment requirements for commercial performances
- Performer: An artistic performance group is required to have full-time performers and facilities appropriate to its business, and it must register with the cultural authorities of the county-level government. Individual performers who conduct commercial performances as their profession are required by law to register with the AIC and obtain a business license.
- Place of performance: The operating entity is required to register with the AIC and obtain a business license. It is also required to complete fire safety and public health reviews.
- Managers: A performance management institution is required to include at least three full-time performance managers as well as adequate capital for its business. It must register with the cultural authorities of the provincial, autonomous region or municipal government. Individual performance managers whose profession consists of conducting intermediary or agency activities for commercial performances are required to register with the AIC and obtain a business license.
If you are considering taking to the stage, you must register with the AIC and obtain a stage work license. Of course, performing at your company annual party and receiving 100 RMB from the company as a gratuity does not count as a "commercial performance".
What formalities are needed for commercial performances?
Before putting on a commercial performance, the performer is required to petition the cultural authority of the city or county government. If the performance is a circus, the performer is normally expected to apply with the local cultural station and prepare all necessary materials. The performer must then submit the application to the approval department of the county-level Culture and Publications Bureau, which will make the final decision.
Are commercial performances subject to censorship?
The cultural department will review the commercial performances proposed in the petitions it receives. These performances are expected to be positive and high-spirited. Nevertheless, cultural departments in various locations apply different standards of review, and commercial performances enjoy relatively relaxed requirements to the extent permitted by law. A depiction of animals turning into humans, for example, that would be rejected on the grounds of "advocacy of superstition" is allowed for commercial performances. The programs actually performed should be the same as the programs described in the petition, and audience reaction is not considered a valid reason to arbitrarily change or add programs.
What is the penalty for an unlicensed commercial performance?
Conducting a commercial performance without a license is punished based on the seriousness of the circumstances. Illegal profits earned by the performance group will be confiscated and an additional fine will be assessed. In serious circumstances, the commercial performance license can be revoked by the authority that issued it.
(Original article: FAQs on Commercial Performances by Lou Yun)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
