| 2018 is called"the first year of idols"."Internet +,opens a new channel for Internet star making.Young trainee become famous overnight and the unknown anchor stepped onto the stage from the studio.Idol industry and anchor industry are gradually developing and maturing.The generalization of the concept of performers makes the brokerage model of performers more and more diversified.Meanwhile,2018 has also been a turbulent year for the entertainment industry.The problem of high salary for performers has been criticized,and the contract tax evasion has caused a big scandal.Tax bureau and SARFT have begun to rectify the disorder in the Performing Arts industry.Even so,the development prospects of the entertainment brokerage industry are still favored by many people.Netease,Tencent and other major Internet companies have entered the market,film and television production companies to start the layout of the entire industry chain.Under the strong impetus of fans’economy,entertainers,brokerage industry has shown great potential for development.For a long time,academic circles have paid little attention to the brokerage contract of entertainers.Its main discussion points are focused on the nature and dissolution right of performers’ brokerage contract,which is also the most controversial focus in practice.This paper innovatively puts the entertainer brokerage contract under the background of diversified entertainer brokerage model for discussion,combines the judicial precedents in different brokerage models,analyses the way of dismissal of entertainers and pays attention to the court’s decision focus,and finally puts forward some suggestions to standardize the entertainer brokerage contract.This paper can be divided into five parts.The first part is mainly from the legal point of view to analyze two kinds of brokerage modes and two special modes of brokerage contracts for performers.The former includes studios for performers and independent brokerage companies for performers.The latter includes brokerage contracts for talent shows and brokerage contracts for anchor.The first section focuses on the overview of the studio model of the performers,classifies the different studio models,analyses the reasons why the performers are keen to set up individual studios,summarizes their respective advantages and disadvantages,and makes a legal analysis of their nature,characteristics and tax avoidance advantages.Since independent brokerage companies involve fewer legal disputes,the introduction of this model focuses mainly on its operation process.With the flourishing of talent show industry and anchor industry,brokerage contract disputes frequently occur.The second section mainly analyses the background and causes of the disputes.In order to learn from the advanced experience of other countries,the last section of the first part introduces the mature brokerage operation mode of Hollywood in the United States.The second part mainly analyses the nature of the brokerage contract for performers,determines the type of the contract,synthesizes the existing judicial precedents,summarizes the views of the people’s court on the nature of the brokerage contract,and summarizes the rules in stages.The third part mainly introduces two ways for performers to realize the purpose of breaking off an engagement,which include exercising the right of cancellation and exercising the right of termination.Exercising the right of termination includes exercising the right of statutory termination,exercising the agreed right of termination and exercising the arbitrary right of termination.In the process of analysis,this paper combines typical judicial precedents,summarizes the reasons for the parties to terminate the contract,and judges the focus of the people’s court on contract disputes.On the issue of the nature of the brokerage contract for performers and the right of discretionary dissolution,this paper holds that the brokerage contract for performers has the nature of entrusting but does not belong to the contract of entrusting.The parties concerned should not apply the system of discretionary dissolution.Although the people’s court has always been concerned about the basis of trust in brokerage contracts,from the point of view of existing judicial precedents,there have been opinions that emphasize the spirit of contract,attach importance to the long-term development of the industry,and believe that the basis of trust is too subjective to have legal significance.In the fourth part of this paper,from the perspective of judicial trial of the People’s Court,the author selected three key points to analyze,including the adjustment of "heavy price"liquidated damages,the fairness of format contracts,and the basis of trust of both parties.These three parts are the common focus issues in the judgment of brokerage contract cases.The fifth part summarizes the reasons for the frequent disputes between artists and brokers in China.The brokerage industry not only needs to standardize the brokerage contract,but also needs to improve the operation concept,improve the relevant laws and regulations,strengthen industry self-discipline and improve professional level.Although China’s entertainment brokerage industry is profitable and promising,it still has a long way to go if it wants to achieve legitimate,healthy and long-term development. |
