An agent can be appointed for a specific transaction, such as negotiating a commission of a new artwork with a particular buyer, or on an ongoing basis to represent the artist.
經紀人可被指定為特定之交易，例如與特別買家就新的藝術作品來為佣金之議價；隨時間的變化來為藝人之代表。
An agent’s main role is usually to find, negotiate and conclude contracts for its artists. Remember, though, that your agent only has the power to negotiate and enter into agreements on your behalf if, and to the extent, that you authorise them to do so. In other words, an agent’s authority can be specifically created and limited by the terms of the agency agreement. This means, for instance, that
經紀人主要的角色通常˙在為其藝人謀求，協商與完成契約。
An agent may also have additional implied authority, which supplements any rights expressly granted. For example, by giving your agent the power to book interviews, it may reasonably be implied that they can make a commitment for you to turn up at a particular time and date. If there is any evidence, however, that you have expressly prohibited this, then the authority cannot be implied.
經紀人可有額外默示權限，任何明示授外之補充。舉例：授權經紀人可預約面晤；其可合理地以默示來認定經紀人可為藝人來為特定時間行程。倘若有其他證明顯示明示被禁止此舉的話，則無默示授權之推定。
An agent can be appointed for a specific transaction, such as negotiating a commission of a new artwork with a particular buyer, or on an ongoing basis to represent the artist.經紀人可被指定為特定之交易，例如與特別買家就新的藝術作品來為佣金之議價；隨時間的變化來為藝人之代表。
An agent’s main role is usually to find, negotiate and conclude contracts for its artists. Remember, though, that your agent only has the power to negotiate and enter into agreements on your behalf if, and to the extent, that you authorise them to do so. In other words, an agent’s authority can be specifically created and limited by the terms of the agency agreement. This means, for instance, that
經紀人主要的角色通常˙在為其藝人謀求，協商與完成契約。
you can retain the final right of contract approval so that you know of any deals being arranged by the agent before a binding commitment is made;
藝人可保有契約最終決定權，以便使藝人於訂立拘束雙方契約前知悉任何由經紀人安排的交易
you can limit the scope of the agency to certain activities – for example, a musician could limit their agent to getting gigs, or to marketing or promotion tasks but specifically exclude signing record deals; or
藝人可限制經紀業務範圍於某些活動；舉例來說音樂人可限制其經紀人為其謀求公演機會或行銷宣傳等，特別排除簽訂唱片約。
you can limit the amount of money the agent can spend on your behalf.
藝人亦可限制經紀人作為代理人的開銷成本。
An agent may also have additional implied authority, which supplements any rights expressly granted. For example, by giving your agent the power to book interviews, it may reasonably be implied that they can make a commitment for you to turn up at a particular time and date. If there is any evidence, however, that you have expressly prohibited this, then the authority cannot be implied.
經紀人可有額外默示權限，任何明示授權所補充。舉例：授權經紀人可預約面晤；其可合理地以默示來認定藝人委付經紀人為藝人預定特定時間之約定。
The really sticky area is where an agent acts with apparent (ostensible) authority. This is where an agent appears to others to be acting within the scope of the authority granted by you, but is in fact acting outside of it (or is no longer your agent at all). In this situation:
真正棘手的是經紀人取得明顯授權區塊是那。此乃經紀人外觀彰顯由你所授權所及，但實際上經紀人已逾越授權，此情況為：
表見代理；從代理人外觀推知代理人有本人授權，事實上則否，為保護交易安全而信賴之第三人，本任要負授權責任。
Some of the activities associated with agents that work with writers, artists and performers include:
A legally recognised (correctly established) agent has legal obligations to their principal that impose a high level of trust and responsibility on the agent. In legal terms this is called a ‘fiduciary relationship’ and this places certain obligations on the agent regardless of any contractual obligations that may be imposed on them. The main obligations of an agent are to act in the principal’s best interests and to act honestly. The duties of an agent include:
Duty to fulfil agency
An agent must carry out instructions. If an agent goes beyond or acts contrary to these instructions, and then causes loss, they are normally liable to cover that loss.
Duty to act in person
Unless otherwise agreed, or in an emergency situation, an agent must perform the agency in person, and not delegate their work to someone else. In other words, if the agent is allowed to appoint sub-agents, it should be made clear in the agency agreement.
Duty of care, skill and diligence
An agent that is paid for their work is required to exercise the degree of care, skill and diligence that is reasonably necessary for the proper performance of their obligations.
Duty to promote the principal’s interests
The agent is not permitted to further their own interests, or those of any other person, in conflict with your interests. That is, an agent has to avoid any conflicts of interest, and fully disclose any conflicts to the principal. An agent must not, except where the principal consents, make seek to take financial advantage of their activities that are carried out on behalf of the principal; such as, by taking secret commissions in transactions. These duties are also known as the ‘fiduciary duties’ of the agent, which exist where there is a relationship of trust and confidence.
Confidentiality
An agent must keep any information provided by the principal in confidence, completely confidential. Even after the end of the agency relationship, an agent is not permitted to use any confidential information acquired in the course of the agency in competition with the principal, or to the principal’s detriment.
Duty not to profit secretly from the agency
For example, an agent isn’t allowed to make their own, undisclosed commission (a secret profit) for sealing a deal (that is, apart from any usual and customary commission when the principal knows that the agent will receive something (but not necessarily the amount) from a third party).
An agent breaches their duty if they receive a bribe, and can be liable to the principal for the amount of the bribe and for any commission payable in relation to the transaction for which the bribe was given.
There is also legislation in all States and Territories of Australia dealing with secret commissions, much of it in Crimes Acts, or their equivalents.
Proper management
An agent must keep proper accounts of all agency transactions for you, including of money and property held on behalf of the principal, and provide the principal with a copy of accounting records and statements when requested.
In NSW it is compulsory for an agent to keep any money handled on your behalf separate in a trust account and not mix it with the agency’s funds. It is standard and best practice to abide by this in all States and Territories and your agency agreement should clearly specify this.
