In brief
Minors can only work under an employment contract with express authorisation, ending the practice of self-employed child artists in private or family settings.
The Council of State ruled that limiting generative AI use affects fundamental rights and must be addressed via an organic law, so the article was removed from the final decree.
The decree introduces the obligation to have an intimacy coordinator on set for scenes of a sexual nature, a measure demanded by performers.
Rehearsals, pre-production, post-production and promotional work now count as working time, and rest rules are aligned with general labour law.
Employers must itemise salary, non-salary and copyright-related payments on payslips, responding to a long-standing industry demand.
The statute applies to performers, technicians and auxiliaries in the performing arts, audiovisual and music sectors, totalling approximately 800,000 people.
- 2018Spanish Congress first pushes for an Artist's Statute reform
- January 2026Draft royal decree published for public consultation, including AI limits
- 21 July 2026Council of Ministers approves final royal decree without AI regulation
What the decree changes
The royal decree, branded by Labour Minister Yolanda Díaz as "the labour reform for cultural workers", overhauls a 1985 regulation that governed the relationship with artists in performing arts, audiovisual and musical fields. The update, negotiated with dozens of industry associations, extends to roughly 800,000 people working in technical and auxiliary roles as well as performers. Díaz said the text ends "an old rule that includes references to the old regulations and ordinances of Francoism", calling the new framework appropriate for the 21st century.
“The labour reform for cultural workers that puts an end to an old rule that includes references to the old regulations and ordinances of Francoism.”
“Today Spain is better and we finally have a rule adapted to the 21st century.”
Protections for minors
For the first time, the statute bars minors from working as self-employed artists; they may only work as employees with express authorisation. The Ministry of Labour wants to break "the practice of work by minors that takes place in private or family settings". The decree limits maximum working hours, restricts night work and introduces health-and-safety provisions specifically for under-18s. Content creators and influencers are included, reflecting the broad scope of the new rules.
Working time and wage transparency
The concept of working time now covers rehearsals, pre-production, post-production and promotional tasks, not just final performances. Rest periods are aligned with general labour law. Employers must issue itemised payslips that separate salary elements from non-salary payments and, for the first time, show the amounts corresponding to copyright, a long-standing demand of the sector.
Intimacy coordinators and other measures
The statute makes intimacy coordinators mandatory for scenes of a sexual nature, a measure that had been widely requested by performers. The decree also formalises the rights and authorisation procedures for artistic work by minors and updates references that dated back to Franco-era ordinances.
AI regulation left out
The initial draft circulated for public consultation in January 2026 contained a specific article to protect artists' image, voice and performance rights against generative AI replicas and to limit AI use to contractually agreed purposes. However, the Council of State issued an unfavourable opinion, arguing the matter affects fundamental rights and therefore requires an organic law rather than a royal decree. In response, the Labour Ministry removed the AI chapter from the final text. Officials told El País that work is already underway to reintroduce the protections through a separate legislative initiative.