What are the elements of Artist-Agent Agreement?
An Artist-Agent agreement may have following pointers:
藝人經紀契約囊括以下之重點：
- Details of the Agent and his work: Name of the artist, the field of work ( a painter, dramatic performer, singer, actor, author etc), geographical extent and limitations, if any,
經紀人之工作範圍、工作所及之地域及限制。 - Details of the Agent: Name and Address of operation it is an individual, Legal name, and Registered Address if is a corporation/ firm
經紀人之姓名或名稱，及主營業所或事務所所在地。 - Date of execution of the Agreement, from which date it shall become effective.
契約履行日，何日是契約生效日。 - The consideration as agreed upon by the parties mutually: may be a fixed payor on a commission basis; period of accounting and the mode of payment; provision of revision of the consideration.
契約雙方所合意之報酬：由固定付款者以傭金為基礎方式給付；結算期間及給付方式；報酬更易條款。 - The extent of the Agent’s authority: for a particular line of work, in some prescribed geographical area, with particular types of third parties etc
經紀人權限範圍：針對特別工作界線，一些規定好之地理區域，附隨特別第三人態樣等。 - 經紀人之義務Duties of the Agent
- To manage communications and negotiations with the promoters, distributors, producers etc.與促銷商及經銷商、製造商等溝通與協商。
- To manage finances relating to the work (eg. fee, invoices, bills, refunds etc)管理財務相關工作，例如：費用、收據、帳單及基金等。
- To manage promotions on individual levels促銷藝人。
- To deal with the legal affairs relating to the work (eg. IPR)處理有關智慧財產權相關之法律事務。
- If the agency is for a specific term period or shall continue unless terminated by a separate legal agreement.藝人經紀約約定契約存續期間，除另有書面約定，否則藝人經紀約則續存。
- The conditions of the termination of the agreement; the notice period is to be supplied by either party to the other; days within which complete payment to be made; any fee or penalty to be paid if terms not abided by.契約終止之情況，預先通知契約他方之期間將由契約予以補充；於何時給付費用一併於契約敘明；任何費用或罰款若契約未言明，即不受拘束。
- In even of a dispute between the parties, what course may be taken: traditional litigation or arbitration. If arbitration, then an elaborate clause to be inserted.即契約雙方因本約發生爭議，可於契約載明以訟爭或仲裁方式解決；若擬以仲裁解決，則相關仲裁條款需精心策畫並以契約明定之。
- Terms of examination of books and records relating to the transactions.交易相關簿冊及紀錄須待檢視之條款。
- If conflicting interests arise to the agent, the course to be taken then and notice if to be served.倘經紀人發生利害衝突，則欲採取之程序及通知，須於契約明訂之。
- The manner in which modification can be made to the Agreement.契約修改之方式亦須於契約中載明。
- Address of both parties where notices mentioned in the agreement require being supplied.為求本契約所定應通知之事項為便，契約雙方之聯絡地址應予載明。
- Governing Law and jurisdiction準據法及管轄權
- Statements that
- The Artist shall be legally bound by the actions of the Agent with respect to the provisions of the said agreement雙方均受上開契約條款之拘束
- The agent shall act with reasonable care and bonafide intentions, keeping in mind the best interests of the Artist.經紀人處理事務事均須出於合理之注意，凡事均以藝人之最大權益為考量。
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The Artist-Agent agreements are not solely business agreements. They are for the purpose of encouraging the artists to flourish by reaching out to the appropriate markets and audience. Agents act as such channels so as to let the Artist focus on their skills, performances, and quality of the work instead of struggling with the business, finance and legal affairs and letting an expert provide the proper services. The agent must serve the best interest of the Artist, so as to help him reach its full potential.
Thus, the element of trust and confidence is key in such agreements.
There may even be a confidentiality clause in the Artist-Agent agreement which does not allow the agent to use any information acquired in the course of the agency with any person or to Principal’s detriment. This clause shall hold even after the primary agreement stands terminated and attracts heavy penalties in many jurisdictions.
Thus, it is apparent that Artist-Agent agreements are quite a necessity in these fierce times and artist obtaining help from the experts in exchange for consideration is beneficial to their careers.
