The Right Of Terminate With No Reason Of The Talent Agency Contract

The talent agency contract,as one of basic contracts in the entertainment industry,is the main basis for coordinating the rights and obligations between artists and the talent agency companies.Based on the characteristics of entertainment industry,the talent agency contract usually has a term of 5 to 10 years.With the emergence of the trainee system,it is not rare to see the term of contract for more than 10 years.Under the long-term contract,some factors such as the artists' development,the company arrangement,the intention of artists and the discourse power inevitably cause conflicts and disputes between the two sides in the process of performing the talent agency contract,and finally lead to the dissolution dispute of the talent agency contract.In recent years,the entertainment industry has been booming,but the relevant laws and regulations are extremely lacking.The related research is also in the initial stage.At present,the Regulations on Brokers and the Regulations on Commercial Performance and the implementation details are used to regulate the entertainment industry,but the relevant regulations are not quite clear,and they are rarely involved in the contract.Besides,the Contract Law does not make a clear regulation on the talent agency contract.At the same time,the talent agency contract is a very complicated contract with its industry characteristic.In the face of the frequent dissolution disputes of talent agency contracts,there is not a consensus on how to determine the nature of the contract in the academic circle and judicial practice,and how to make sure what kind of contract to be applied by analogy,and whether or not we can give the parties the right to release the contract.Based on the actual contract text,the real condition of the industry and the basic theory of the relevant contract law,this paper analyzes whether the right of terminate the contract with no reason can be applied in the talent agency contract.And on this basis,this paper makes a rough idea of the special regulation on the exercise of the right of terminate the contract with no reason in the talent agency contract.The main body of the paper consists of four parts: chapter one and chapter two determine that the talent agency contract belongs to type-binding contract,and the legal application should be applicable to the provisions of the named contract of each part as an entry point for analysis through analyzing the connotation of performing arts brokering activities and the rights and obligations clauses of talent agency contract,combing with the analysis and summarization of the nature of the previous contracts.The third chapter determines the applicable basis and limitations of right of terminate contract with no reason by combing through basic theories and typical legislative examples.On the basis of the analysis of the first two chapters,the fourth chapter determines that the right of terminate contract with no reason can be applied in the talent agency contract by combining the characteristics of the contract with the reality of the industry.Considering the feasibility of applicability from the perspective of the service contract,the talent agency contract belongs to the type of contract that can be applied to right of terminate contract with no reason.Since the talent agency contract is a type-binding contract,the parties can exercise the right of terminate contract with no reason of the commission contract and the contract of hired work to terminate the corresponding part of the talent agency contract.And based on economic integrity of various payments in the contract,the effectiveness of the termination is applicable to the entire talent agency contract.The last chapter further considers the talent agency contract and industry specificity.Based on the theoretical and legislative examples in the third chapter,the author discusses the special regulations for the exercise of the right of terminate contract with no reason of the commission contract and the contract of hired work in the talent agency contract.The special regulations for the right of terminate contract with no reason of the commission contract mainly include five parts: the exercise subject is limited to the artist,the exercise requires notice in advance,prohibition of arbitrary abandon,elimination caused by artist's fault,and the damage compensation on reliance interest.As for the special regulations concerning the right of terminate contract with no reason of hired work,except for the part common to the entrustment contract regulation,the author mainly discusses that the duration of the right of terminate contract with no reason should not be exercised before the end of the work and the damage compensation is subject to the performance of benefits.