| Summary: | 碩士 === 國立成功大學 === 法律學系 === 104 === Because of the exclusive clause, an exclusive talent agency is convenient to artists and agents. It’s also the most popular type of talent agency contract in Taiwan. Nevertheless, Taiwan doesn’t have a special standard to the exclusive talent agency contract. Due to the status of the exclusive talent agency contract is undefined, the persons’ rights and obligations involved are vague, cause a lot of problems to apply the law. And there are many problems in the industry, for example, the period of the contract is too long, the artist is often frozen by the agent, high commissions. Therefore, to clarify the exclusive talent agency contract is very important.
This paper generalizes Civil Code and verdicts to find the status of exclusive talent agency contract. In addition to the Civil Law, this paper discusses the performer’s right of Copyright Law and right of publicity. Finally, there has an introduction of American system, about exclusive talent agency contract, for example, TAA and NY Code - Article 11.
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