Legal Analysis Of The Performing Arts Contract Disputes

In recent years, the consumption strength of the world's entertainment industry can not be ignored any more. The annual entertainment consumption in the United States simply has reached as much as 25 billion U.S. dollars. With the rapid development of national economy, the consumption demand on entertainment is growing stronger in China. Many Hong Kong and Taiwan original artists have broken the area restrictions and went to the mainland to seek a broader space for development. We can say that the mainland market has a big potential for entertainment. Conflicted with this, the Mainland established the entertainment broker market initially, without complete legal rules to regulate the market, but only the "broker management approach" and " Detailed Rules for the Implementation of business actor management". The lack of effective protection to brokerage firm and can not safeguard the artists'interests, which lead to the frequent outbreaks of entertainment contract dispute, from the combination of the young beauty to Hu Bing's rescission, and to the increasingly fierce contract dispute between TianYu entertainment and the Happy Boy & Happy Girl. In these protracted disputes, it's difficult to say which side is winning. It will severely restrict our culture healthy and orderly development of the entertainment industry if this situation continues.In this paper, the author analyzes that the outbreak of performing contract dispute is based on in several areas, include that our current legal system of entertainment market is not perfect, the performing brokerage operations are not standardized, the professionalism of agent is in a low level, the artists and brokers do not have a effective communication and the conflict intensified. By contact that most contract disputes outbreak of the entertainment market are connected to rescission, the author put forward proposals by analyze and compare relevant foreign legislation focused on several focal issues involved in contract dispute:The Identify of the contract, the contract period is too long, the lack of legal preservation, and whether the high price penalty is reasonable. From the viewpoint of the government, the industry, the artists and the performing arts management company, the authors indicated that the government should pay attention to their role and play their part in the market, establish normative contracts model, make clear declaration on the performing contract, put the agent into the legal norms. Performance trade associations should utilize its advantages to the establishment of performing arts brokerage business credit files, check the brokerage firms contracts regularly. When the artist is making contracts with brokers, they should design the term of contract effectively, make a specific agreement on the term of the contract, liquidated damages and other matters, both sides should be honest and credit to the contract performance. Brokers should try to promote their professional quality to learn more comprehensive knowledge about market, relevant law and policy and public relations skills. In the proceedings, prohibit artists to supply relevant services to any third party other than the plaintiff under the contract, drawing to the United States "ban" remedies. Only by the cooperation together, the performing arts brokerage market will have a healthy development; performing contract dispute will gradually decrease.