A Study on Artist Managers' Contractual Rights and Obligations Pursuant to Exclusive Management Agreements
Date Issued
2012
Date
2012
Author(s)
Chen, Shu-Yu
Abstract
In light of the lack of administrative regulations for artists-management industry, the contents of artists'' exclusive management agreements are dominated by the principle of freedom of contract. The practice of the principle, however, sometimes hinders positive development. Notorious artist managers commit terms and conditions of
contracts which are disadvantageous for artists by exploiting their strong bargaining power. The common issues are excessively long contract periods and the high ratio of
commission. In reaction to the uncertainty of government intervention in the industry, I will discuss these issues from the judicial perspective in the thesis.
In common cases, the exclusive management agreements are legally binding for both artists and managers subject to freedom of contract. While the contractual relations
are unilateral beneficial to artist managers, the contractual rights should be adjusted or the terms of conditions of the agreements are supposed to be announced invalid via Art. 247-1 of Civil Code. On the other hand, the legal languages of written contractual obligations for artist managers are somewhat ambiguous. Through interpretation of contract context, legal principles and the reference of entertainment practice, the written and unwritten duties the artist managers undertake will be clarified. Eventually, the loopholes in the agreement will be eliminated, such as the conflict of interest and
the confidentiality. Since talents are business, whether artist managers breach the contracts should refer to entertainment management practice.
When it comes to the effects of breach by artist managers, artists are able to terminate the agreement only when the reliance relationships collapse. Otherwise talents are
only entitled to cure the managers'' performance. Only if artist managers breach the contract which collides with the purpose of contract, talents have right to rescission.
Also, artists are entitled to recover the damages caused by managers'' nonperformance, even the agreements are terminated or rescinded. Concerned about the benefits which managers acquire in violation of conflict of interest, artists are entitled to recover the benefits as well.
As a matter of fact, adjusting civil agreements via judicial activities is a worse solution to these contractual problems because of judicial restraint. To facilitate the sound development in entertainment management industry, legislation or administrative regulations are indeed the fundemantal and prodominent measures.
Subjects
artists
talents
artist managers
exclusive management agreement
mandate
conflict of interests
Type
thesis
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