▲蘇狀師談娛樂法(藝人經紀合約之基本條款)

蘇思鴻 律師
發表時間:2019/07/15 00:25 1508 次瀏覽

What are the elements of Artist-Agent Agreement?

An Artist-Agent agreement may have following pointers:

藝人經紀合約至少要有如下條款:

  1. 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:藝人之姓名及其業務屬性例如:畫家、戲劇演員、歌者、演員,作者等與業務區域所及
  2. Details of the Agent: Name and Address of operation it is an individual, Legal name, and Registered Address if is a corporation/ firm經紀人細節:如係個人,其姓名及辦公處所地址;如係公司,其法定名稱及營業處所地址。
  3. Date of execution of the Agreement, from which date it shall become effective.契約履行日,何日生效須載明於契約。
  4. 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.:
    契約雙方同意之報酬:以給付方基於固定佣金之準繩;會計期間與給付方式;報酬修改條款:
  5. 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
  6. Duties of the Agent
    • To manage communications and negotiations with the promoters, distributors, producers etc.
    • To manage finances relating to the work (eg. fee, invoices, bills, refunds etc)
    • To manage promotions on individual levels
    • To deal with the legal affairs relating to the work (eg. IPR)
  7. If the agency is for a specific term period or shall continue unless terminated by a separate legal agreement.
  8. 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.
  9. 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.
  10. Terms of examination of books and records relating to the transactions
  11. If conflicting interests arise to the agent, the course to be taken then and notice if to be served.
  12. The manner in which modification can be made to the Agreement
  13. Address of both parties where notices mentioned in the agreement require being supplied
  14. Governing Law and jurisdiction準據法及管轄權
  15. Statements that
    • The Artist shall be legally bound by the actions of the Agent with respect to the provisions of the said agreement
    • The agent shall act with reasonable care and bonafide intentions, keeping in mind the best interests of the Artist.

蘇思鴻 律師

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