试论演艺经纪合同纠纷

发布时间：2018-02-26 15:56

本文关键词： 演艺经纪合同禁令版税 ADR　出处：《山东大学》2008年硕士论文　论文类型：学位论文

【摘要】： 目前,世界娱乐经济发展的趋势不容忽视,随着我国经济和文化体制改革不断深入,广大民众对于文化娱乐的消费需求潜力极大,娱乐文化产业已经进入到一个全面发展的新阶段。娱乐法作为一个法律概念还不是很明晰,但是在发展文化产业中起到相当重要的作用。从娱乐法所包含的内容上看,早期主要是著作权和与邻接权有关的法律,后来涉及到与娱乐业相关的所有法律,近年来随着软件和网络娱乐产业的发展,像网吧、在线游戏等法律规范的内容也都纳入了娱乐法的范畴。影视明星、歌星等艺人是娱乐产业的主体,英美有很多超级巨星,他们之所以能够成为世界级明星,同这些国家有相对完备的法律来维护和平衡他们同演艺经纪公司、经纪人之间的利益有非常重要的关系。如果没有很好的法律环境,就无法产生国际巨星,也就不能健康的发展文化产业。近些年,发达国家纷纷投入巨资研究娱乐文化产业的发展,一方面是研究本国娱乐市场的开发和保护,另一方面就是开辟和经营其他国家的演艺经纪市场,它们也纷纷看好中国的文化产业开发,依靠其强大的经济实力来抢占市场。我们应当认识到中国丰厚的文化资源优势和广大的市场潜力,加之良好的法制环境,应当会有非常好的发展前景。娱乐活动的商业化和全球化的不断深入,导致大量相关法律问题的产生,其中争议数量最大的当属演艺经纪合同纠纷,演艺人员因其身份的特殊性,更加容易吸引人们的眼球,相关案件往往成为媒体和公众关注的焦点。中国内地演艺经纪市场刚刚起步,但却发展迅猛,虽在2005年颁布了《营业性演出管理条例》及其实施细则,但至今仍缺乏相应的配套操作规则,演艺经纪公司与签约艺人之间的经纪合同纠纷时有发生,制约了演艺经纪市场的稳定与发展。如何公正、及时、合法地解决演艺经纪合同纠纷成为娱乐业从业人员、文化经纪人以及演出公司和法学研究者所共同关注的问题。演艺经纪是文化产业发展的润滑剂、助推器,随着我国加入WTO,文化经纪事业的规范化、规模化发展是必然是大势所趋。本文拟对演艺经纪合同相关的法律问题进行探讨,以期分析与演艺经纪合同相关的法律关系及法律风险预防机制,通过对娱乐法学理论的研究,结合演艺活动的发展现状,并借鉴国外立法,为解决演艺经纪合同纠纷问题提出相关建议。
[Abstract]:At present, the trend of the development of the world entertainment economy cannot be ignored. With the deepening of the economic and cultural system reform in our country, the consumption demand for cultural entertainment by the general public has great potential. The entertainment culture industry has entered a new stage of all-round development. As a legal concept, the entertainment law is not very clear, but it plays a very important role in the development of the cultural industry. In the early years it was mainly copyrights and laws related to neighboring rights, and later all laws related to the entertainment industry were involved. In recent years, with the development of the software and network entertainment industries, such as Internet cafes, Online games and other legal norms are also included in the scope of entertainment law. Movie stars, singers and other entertainers are the mainstay of the entertainment industry. There are many superstars in the United States and the United States, and they are able to become world-class stars. Have relatively perfect laws with these countries to maintain and balance their interests with acting agencies and brokers. Without a good legal environment, there can be no international superstars. In recent years, developed countries have invested a lot of money in studying the development of entertainment cultural industries. On the one hand, they are studying the development and protection of their own entertainment markets. On the other hand, it is to open up and operate the performing arts brokerage markets of other countries. They are also optimistic about the development of cultural industries in China. Depending on its strong economic strength to seize the market, we should realize that China's rich cultural resources advantages and broad market potential, coupled with a good legal environment, should have a very good development prospects. The commercialization of entertainment activities and the deepening of globalization have led to a large number of related legal issues, among which the most controversial number is the dispute over the brokerage contract for the performing arts, and the special identity of the entertainers. Cases tend to be the focus of media and public attention. The mainland market for acting agents is just beginning, but it is growing rapidly. Although the regulations on the Management of Business performances were promulgated in 2005 and the detailed rules for their implementation, there is still a lack of corresponding supporting operational rules, and disputes over brokerage contracts between the performing arts brokerage companies and the signed artists occur from time to time. It has restricted the stability and development of the performing arts brokerage market. How to solve the disputes over the performing arts brokerage contracts fairly, promptly and legally has become a professional in the entertainment industry. Cultural brokers, performance companies and legal researchers are concerned about the issues. Acting brokerage is the lubricant and booster for the development of the cultural industry. With China's entry into WTO, the cultural brokerage industry becomes more standardized. It is inevitable that the large-scale development is the trend of the times. This paper intends to discuss the legal problems related to the performing arts brokerage contract, in order to analyze the legal relationship and legal risk prevention mechanism related to the performing arts brokerage contract, and through the study of the theory of entertainment law, Combined with the present situation of performing arts activities and drawing on foreign legislation, this paper puts forward some suggestions for resolving the disputes of performing arts brokerage contract.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：J124

【引证文献】