▲律師擔任藝人經紀人之優勢

蘇思鴻 律師
發表時間:2024/09/18 16:26 423 次瀏覽

Attorneys routinely represent clients in the entertainment industry in contract negotiations, litigation, and other matters. Many artists rely on attorneys to represent them in business issues, especially well-known talent who are inundated with offers from many sources due to established careers. For example, in these situations, attorneys sometimes help artists negotiate terms of a contract to obtain a percentage of the profits as part of the deal.
律師於娛樂產業依往例為藝人客戶之代理人,以處理契約協商、訴訟及其他事務。許多藝人委任律師處理生意上的事務,特別是大咖藝人因其生涯成就致排山倒海而來的各方要約。在這些情境下,律師有時協助藝人協商契約條款以獲取因契約成交額計算百分比之報酬。

What Type of Artists Need Representation?那一類型的藝人須委任代理人處理其經紀業務?

Actors (television, film, theater); Recording artists; Musicians; Dancers; Directors; Writers; and Producers.
演員;歌者;舞者;導演;作家及製片。

Some of the Potential Issues潛在議題

Copyright and trademark infringement; Branding; Contract drafting and negotiations; Breach of contract disputes; Merchandising and Licensing; Right of Publicity/ Right of Privacy issues; Underpayment of royalties; Syndication; Guild/Union contract disputes and arbitration; Collaboration agreements; Option agreements; Noncompete agreements; Sale of Rights; and Digital Millennium Copyright Act issues.

Also, an attorney can act as a “quasi-manager,” who assists in non-legal career making decisions, working closely with an artist’s agent or manager. In most cases, agents or managers have more knowledge of casting calls and established relations with casting directors, production companies or producers, but attorneys can perform related services.
律師可擔任「準經理人」,協助作成無涉法律事務的決定,與藝人經紀人或經理人密切合作。在多數的情境下經紀人或經理人就選擇劇本有其專業,並與導演、製作公司或製片有相當情誼;不過,律師有能提相關服務。

Talent agents and managers help with submitting talent to casting calls and also provide advice on the development of an artist’s career. Most jurisdictions require an agent to have a license. A manager can either be a personal manager (handling many aspects of an artist’s career) or a business manager (focusing on the financial aspect of an artist’s career). The agent or manager most likely deals with the personal affairs of an artist rather than the attorney, but with popular or “name talent,” an attorney may become more involved.

Also, an attorney can work closely with any labor union involved with regard to the terms of employment and the working conditions of the project. This entails collective bargaining agreements, arbitration clauses as well as litigation.

One important matter involved in representing talent is protecting the intellectual property rights of an artist. This can include publicity rights, copyright, trademark, and even privacy issues. With the wide variety of multi-media in the 21st century — including social media — protecting the intellectual property rights of an artist is a continuous legal task.

Further, an attorney can counsel talent who also want to be involved in the production of the project. This might include how to set up a business, including a corporation, joint venture, limited and general partnership, limited liability company, “loanout” company, or other business formats.

蘇思鴻 律師

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