A Study On The Legal Issues Of Dealing With Performing Art Contracts

Performing arts industry in China started later than some other countries, but it’s developing in a quite fast speed. These regulations, such as “Methods of Agent Administration”, “the Regulations on the Administration of Commercial Performances” and its implementing rules, to administrate the performing arts industry, however, it is not enough to solve all the problems. “Contract law” is not clearly identified on the legal nature of performing contract, which increased the difficulty to the judicial trial. In recent years, the number of disputes become much more bigger than before, brokerage company claims for high penalty due to breach of contract. What is the legal nature of the Acting contract, how can the artists terminate the contract, and whether they shall pay a penalty due to breach of contract. Such legal problems need to be studied urgently.In this paper, the first part introduces the selected topic background and thinking of writing, etc.The second part demonstrates the connotation of performing contract, characteristics, combined with relevant theory analysis of the legal nature of performing contract, contract model reference for performing arts, making clear of rights and obligations of artists and the brokerage companies. The third part is the analysis of the effect of an artist terminates the performing contract. From the perspectives of artists, analyzing the two ways of putting an end to the performing contract: agreement termination and using the right of termination. Further analysis whether remove the entertainment contract have retrospective effect. The fourth part, analyzing the penalty due to breach of contract, analysis about whether the artists should pay a penalty due to breach of contract, when they intend to put an end to it.The fifth part intends to improve the relevant systems of the performing contract, by giving the one,who was “frozen” by the brokerage company, arbitrary termination right to safeguard their legal interests, building a second notification system, making sure of the calculation standard of penalty,hoping to be able to building an ideal blueprint of terminating the entertainment contract by the artists.