The Disputes Of Performance Managing Contract

At present, the trend of recreational economy all over the world can not be neglected. The reform in economic and cultural systems have brought great potential for the mass's consumption in cultural recreation, and accordingly, recreational and cultural industry has gone into a new era of all-round development. Recreation law, though still vague as a legal term, plays an important role in developing cultural industry. In contents, recreation law at first only contained legal items on copyright and neighboring rights, and gradually covered all laws related to recreation. Recent years, with the emerging of software and internet recreation industry, legal regulation on internet bar, online games etc were also included in recreation law. Celebrities like Film and TV stars and singing stars serve as the pillar of the recreation industry. The generation of international super stars in Britain and America has much to do with the relatively complete legal system to maintain and balance the interest among the stars, managing company and the brokers. Without the good legal environment, there would be no international super stars, neither the sound development of the cultural industry. Recent years, developed countries are increasingly investing in the development of recreational and cultural industry, on the one hand to explore the tapping and protection of domestic recreation market, and on the other to open up and manage the market in performing art circles. They all have a good prospect of the Chinese culture industry and mean to capture the market with its strong economy. We should be aware of the promising prospect of Chinese culture industry with its profound cultural resources, great market potential and sound legal environment.The commercialization of recreational activities and the growing globalization have given birth to a number of legal problems, of which the most controversial one is the dispute over the performance managing contract. Celebrities, with their special identity, attract the attention of the mass more easily, and cases involving them more often than not will become the focus of the media and the mass. The performance managing market in China mainland just started but develops rapidly. The conflicts between agent companies and its actors often happened, which restrict the stability and development of the performance managing market. We enacted the Regulation on the Administration of Commercial Performances and the Detailed Rules for the Implementation of the regulation in 2005, but we still lack the corresponding operation rules at present. How to justly, immediately and legally handle the dispute over the performance managing contract has become the common concern of the workers in entertainment, cultural brokers, performing companies and the law researchers. The performance managing action is the lubricant and booster in developing culture industry. With the entry of WTO, the standardization and the scale in culture managing industry must be a general trend. This author tries to discuss the legal issues in relation to performance managing contract, for analyze relative legal relationship and prevention mechanism for legal risk and attempts to offer some suggestions on the performance managing contract by studying the theory of recreation law abroad and at home, combining the development of the performing art activities and drawing reference from foreign laws.