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From the strict supervision of artists' remuneration to the centralized implementation of tax compensation policies, from the failure of various film and television intellectual property rights to the deletion of a large number of programs on various online platforms, under the dual pressure of fund withdrawal and strict policy control, some film and television projects have been stranded, a large number of producers have been canceled, the future of film and television personnel is uncertain, and the road to acting is increasingly challenged. However, with the launch and popularity of the show, many people are still looking forward to signing with an agency to fulfill their acting dreams. This article will start with the relationship between artists and agents, from how to maintain themselves, and take you through the matters that you should pay attention to when signing an artist agency contract, hoping to provide some help to "dreamers" who embark on the road of acting.
When it comes to artist agency, the first thing that comes to mind is definitely the controversy over the termination of the artist. This issue concerns the determination of the nature of the brokerage contract and the stipulation of rights such as the right to terminate the contract. In practice, the court generally interprets the artist's agency contract as a comprehensive contract that combines commission, discipline and characteristics.
The Contract Law stipulates that "a contract established in accordance with the law shall be legally binding on the parties. The parties may not change or terminate the contract without authorization.
Accordingly, the artist is not allowed to unilaterally terminate the contract. If they insist on terminating the contract, they will face the problem of paying huge liquidated damages. Therefore, before signing a contract, it is necessary to pay attention to whether the right of the artist to terminate the contract is stipulated in the contract to ensure that he can escape with dignity.
Of course, everything is not absolute. According to the Contract Law, "the principal or the trustee may terminate the entrustment contract at any time". If the rights and obligations of the parties can be simplified, the brokerage contract is concluded as a commission contract, and the artist has the right to terminate the contract in accordance with the law.
Finally, attention should be paid to whether the contract signed is full or partial, i.e. the parties are clearly cooperating in performing arts matters. Please note whether the signed contract is exclusive or non-exclusive, that is, whether it is possible to start carrying out the performing arts affairs agreed in this contract with another brokerage or other third party. It would be better to stipulate that artists have the right to start their own acting careers.
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I personally think it is very necessary for artists, the particularity of the artist's work is different from that of ordinary office workers, ordinary office workers have a fixed income as long as they are on the job, and the rest of the extra income depends on the overtime sales volume, while the artist's income is up and down, depending on how much benefit it brings to the company, including the length of time to sign the contract, it will affect the interests of the artist, and it can only be fair if it is spread out.
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I think it's very unnecessary, so the contract issue is a private issue between the artist and the signing company, and it shouldn't be fanfare and make a storm in the city!
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I don't think there's any need to make a big deal about it, just settle it in private.
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In fact, there is no need to make too much fanfare, there are many artists who also negotiate with the company privately, and the issue of the contract is relatively private and does not need to be dealt with in front of the public.
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Legal analysis: There are generally no clear provisions for the signing of artist contracts for several years, and the parties can agree on their own. Labor contracts are distributed as fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain work tasks.
Article 12 of the Labor Contract Law of the People's Republic of China provides that labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts and labor contracts with a term of completion of certain tasks.
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There are generally no clear provisions for the artist contract to be signed for several years, and the parties can agree on their own. Labor contracts are divided into fixed-term labor contracts, indefinite-term labor chain contracts, and labor contracts with a term of completion of certain work tasks.
1. The maximum number of years of the labor contract.
The Employment Contract Law does not stipulate an upper limit on the time it takes for an employment contract to be signed. It is agreed by both parties.
First of all, labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain work tasks.
Secondly, a fixed-term employment contract refers to an employment contract between the employer and the employee when the contract is terminated.
Thirdly, Yanwuchen's indefinite term labor contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time.
If an employee has worked for the same employer for more than 10 consecutive years and both parties agree to renew the labor contract, if the employee proposes to conclude an indefinite labor contract, an indefinite labor contract shall be concluded.
Finally, an employment contract with a term of completion of a certain task refers to an employment contract in which the employer and the employee agree that the completion of a certain work is the duration of the contract.
Second, now the company signs the contract for a few years.
The Labor Contract Law does not clearly stipulate the service period for signing an employment contract, and the labor period shall be determined by both the employee and the employer through negotiation.
However, according to the Labor Contract Law, there are three different types of employment contracts: employment contracts are divided into fixed-term employment contracts, indefinite-term employment contracts, and employment contracts with a term of completion of certain work tasks.
3. Labor contracts are signed for several years.
Implemented according to the company's regulations, there are no mandatory regulations. According to the Labor Law, the term of the labor contract signed between the employer and the employee can be divided into three categories: (1) there is a fixed term, that is, the validity period is clearly stipulated in the contract, and the term can be long or short, as long as several years, more than ten years, as short as one year or several months.
2) There is no fixed term, that is, only the start date is stipulated in the labor contract, and no specific termination date is stipulated. An indefinite-term labor contract may stipulate the conditions for termination of the labor contract in accordance with the law, and as long as the agreed termination conditions or the termination conditions prescribed by law do not appear during the performance, the labor relationship may generally not be dissolved or terminated, and the labor relationship may continue until the employee retires. (3) The time limit is to complete a certain work, that is, to complete a certain work or a certain project as the effective period, and once the work or project is completed, the labor contract will be terminated.
Article 12 of the Labor Contract Law of the People's Republic of China provides that labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain tasks.
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Legal analysis: The artist contract is generally signed for several years without clear regulations, and the parties can agree on their own. Hail labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain work tasks.
Legal basis: Article 12 of the Labor Contract Law of the People's Republic of China Labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts and labor contracts with a term of completion of certain tasks.
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Summary. Hello dear, happy to answer your <>
Artists signing contracts with relatives Artists signing contracts shall first state the names and addresses of each party, and then state what the content of the contract between the two parties is, as well as the price or remuneration brought about by the signing.
The artist signs a contract.
Hello dear, I'm glad to answer your <>
The contract signed by the artist in the hall shall first indicate the name or title of each party and the place of residence, and then indicate what the content of the contract between the two parties is, as well as the price or remuneration brought about by the contract.
Legal Analysis: An artist contract is not an employment contract. Although on the surface, the brokerage company hires artists to serve them, but in essence, the fees earned by the artist's performance are the income from his own labor, and the scope of application of the Labor Contract Law has also been clearly stipulated.
Legal basis: Article 4 of the Labor Law of the People's Republic of China shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill their obligations under the labor base.
I would like to ask if the working hours written on the artist's contract are protected by law.
Protected by law.
There is also the question of whether the above million liquidated damages are legal.
Pro: This one is legitimate.
What kind of law does the working hours protect?
If you do not complete the working hours, you are in breach of contract.
Is there a standard for this working hour?
Pro: Everything is in accordance with the standard of the contract, if you don't agree at the beginning, you can not sign the contract, and if you sign the contract, it will have legal effect.
The contract does not count 200 hours per month as a violation of the Labor Law, and the weekly working hours are more than 44 hours.
As long as you have signed a contract, it is not a violation of labor laws.
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Legal analysis: The artist signing a contract shall first state the name and address of each party, and then state what the content of the contract between the two parties is, as well as the price or remuneration brought about by the contract. Then specify the time limit, place and method of performance, as well as the terms and conditions of the breach of contract, such as liability and distribution.
[Legal basis].Article 470 of the Civil Code of the People's Republic of China stipulates that the content of a contract shall be agreed upon by the parties and generally include the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
The parties may conclude a contract with reference to the early model text of the various types of contracts.
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Summary. Hello dear, happy to answer your <>
Artists signing contracts shall first indicate the names and addresses of each party, and secondly, what the content of the contract between the two parties is, as well as the price or remuneration brought about by the contract.
The artist signs a contract.
Hello dear, happy to answer your <>
When an artist signs a contract, the first hall shall first state the surname or name and address of each party to the contract, and then state what the content of the contract between the two parties is, as well as the price or remuneration brought about by the contract.
Legal analysis: The artist signing the contract should first state the name or title and address of each person who is involved in the contract, and then state what the content of the contract between the two parties is, as well as the price or remuneration brought about by the signing. Then specify the period, place and method of performance, as well as the liability for breach of contract and the method of distribution.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and generally include the following clauses: (1) the name or title and address of Bi Qingyu of the person who is involved in the roll; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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HM's boycott of Xinjiang cotton has caused a lot of uproar, and major e-commerce platforms have removed HM-related stores. Netizens discussed it very vigorously on Weibo, and the international brands suspected of boycotting Xinjiang cotton are not only HM, but also well-known sports brands such as Adidas, Converse, Puma, and Nike. The celebrity spokespersons of these brands unilaterally terminated their contracts with them at the first time and issued an official statement in support of Chinese cotton.
Regarding the artists signing contracts, they are all international brands, what losses will unilateral termination cause to artists? I think there are the following main aspects. First of all, the artist unilaterally terminates the contract and needs to pay liquidated damages, which should be stated in the cooperation agreement, so they must compensate the brand.
Secondly, because the endorsed brands are all internationally renowned brands, unilateral termination will affect the international development of artists, which is actually harmful to their careers. Finally, the international image of the artists has been tarnished. Since there are still many foreign netizens who don't know the truth of the matter, they will attack these artists who have terminated their contracts, which has caused damage to the international image of the artists.
One: Cause huge economic losses.
Celebrities endorse the brand, all of which have to go through a cooperation agreement, and now because of the insulting incident, the celebrities unilaterally terminate the contract, and they must pay liquidated damages, which is no doubt.
2: Celebrities and brands have cooperated for a long time, and unilateral termination will affect their international development.
Every star wants to go to the world, and it is their opportunity to cooperate with international brands, but now they have terminated their contract because of the Xinjiang cotton incident, which will affect their star career and endorsement.
Three: Affect the international image of celebrities and the status of foreign netizens.
Because the brands involved are all well-known foreign sports brands, the truth has not been announced on the Internet, so at this time, many netizens who do not know the truth will attack the spokesperson.
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Unilateral termination will cause serious financial losses to the artist, and will also bear double the liquidated damages. It will also affect the career development of artists. It will also affect their cooperation opportunities with foreign brands.
Generally speaking, borrowing money is a normal thing that needs to calculate interest, because at the legal level, borrowing money is an economic activity, and this needs to calculate interest, and this interest is calculated according to the economic environment and economic fluctuations at that time. Because borrowing money is usually an IOU or a verbal agreement between each other, if you verbally agree that you don't need to calculate interest, you can also not calculate interest, but borrowing money between relatives and relatives is more complicated, because it contains family affection in it, and this kind of economic behavior will be more complicated, if you calculate interest, usually others will say, if you calculate interest, then others will say that your piecework is guaranteed, which will give people a bad feeling. But if you don't calculate the interest, then others lend you money, and other people's money is not blown by the wind, so that is to say, your family affection is equivalent to harming the economic interests of others, which also gives people a sense of taking advantage of others in the name of family affection, so no matter who this is more troublesome, this kind of problem is more complicated to deal with, you have to look at the so-called family relationship between you, whether it is a brother or a biological sister, or a loan between parents and children, Or the mood between cousins, it depends on what level of your relationship is. If there is only nominal affection for each other, but in fact, there is no contact with each other in real life, then it is not surprising to calculate this interest, because no one's money is blown by the wind. But if you have a very good relationship with each other, you often have mutual contacts or business dealings with each other or business cooperation, or there are other mutual assistance situations, then you can also do not calculate interest, because these money must be borrowed from you where it is needed, if you do not calculate interest, then others will repay you or thank you in other aspects, and it is not necessarily necessary to calculate interest. >>>More
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