Il tempo di lavoro dell'artista è incommensurabile?

The essay investigates the possibility of effectively measuring the work performance of a particular category of artists, the interpreters or performers. The analysis begins by examining the legal nature of contracts between performers and artistic entrepreneurs, which leads to the conclusion that subordination is fully compatible with the features of artists’ work. Since the performer is normally required to play a part or perform a specific piece of music, the object of the contract is a work performance consisting of all the conduct that makes the artist progressively capable of interpreting the part assigned to him. It is therefore possible to extend the legal technique of definition of work time to all activities of an interpretative nature performed by the employee (from individual study, to rehearsal, to performance on the stage). Accordingly, not even the special connection between the artist's talents and aptitudes and the qualitative characteristics of the work performance can compress or deny the protection of non-working time.