| With the improvement of the level of material life and spiritual civilization, culture and entertainment industry entered a new period of comprehensive development in our country, but at the same time, there are a large number of performance brokerage contract disputes. So to study the legal issues on the performance brokerage contract is very important. The lack of legislation on the performance brokerage contract which makes legal theorists and judicial practitioners fail to reach a consensus on the nature of the performance brokerage contract. At present, there are mainly four common academic theories about the nature of the performance brokerage contract, for example: the commission contract; the intermediation contract; the brokerage contract; the labor contract. For the professional and special nature of the performance brokerage industry, the performance brokerage contract show more characteristics compared with other types of contracts. The effective Performing brokerage contract includes three elements: the main body who has a appropriate capacity for civil conduct, the content which does not violate the law and social and public interests and the true meaning. In practice, the invalid performance brokerage contracts mainly are due to "violating laws and administrative regulations". The revocable performance brokerage contracts mainly are due to "obvious unfair to make the contract". The major duties of artists are: fulfillment of performance services; payment of commission; competition restriction; priority renewal. While the major duties of performance brokerage firms are: fulfillment of performance brokerage services; faith and diligence; timely reporting; protecting the privacy of artists. In the face of the performance brokerage contract disputes, the artists will cancel the performance brokerage contract with the performance brokerage firm by executing the statutory cancellation right; the unstatutory cancellation right and the liberal cancellation right. |
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