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After the singer, Li and the executive company signed an exclusive brokerage agreement, because the company did not arrange any performance and work two years, the lawsuits were confined to the people’s court of Beijing Tongzhou District, requested remuneration and recovery.

Recently, after the case is tried, the court decided that the two sides lifted the exclusive performances, and the price of Li fixed compensation was exclusive. The performance company also had to pay the salary of Li Mou’s 6,000 yuan. Exclusive broker: Singer Signing Performing Art Company Li is a small and famous Mongolian singer, musicians, have exported many albums and dozens of singles, and won the Star Avenue Zhou Championship, many times on the local Spring Festival Evening stage.

In 2018, Li intends to find professional people to take care of its performance, so that he has time to focus on artistic creation. With a friend, Li contacts the Star Exercise Company (pseudonym).

Stars said that you can provide professional brokerage services for Li and to arrange performances, make MV, send albums, and provide training.

Since then, Li and the Stars have signed the "exclusive performance contract", agreeing to 2018 to 2023, the Star Company provides exclusive brokerage services, the Stars will be 30% of the annual income as Li’s dividend, in addition to each The month pays Li 6000 yuan salary.

After the fund is broken: After the signing of the two years of performance stagnation, the Stars took MV for Li, but in the shooting process, Li found the stars company to shoot the equipment, the shooting personnel were very unprofessional, the video was rough, and the ultimate did not Film, no market. In addition, the Stars have not provided any performance opportunities for Li, let Li feel strange that the Stars will be difficult to contact soon, and the staff of the office is less and less.

Li listened to the company’s other contract artists said that the company’s fund chain breaks, and there is an empty shell.

In order to make a living, Li wants to contact the performance of the performance itself, but found that once privately, it is necessary to compensate for huge default. Li was not ordinary, and the advanced retreat. The company argued that artists should pay for payment to work on work in 2019, Li mentioned labor arbitration, requiring to cancel the labor relationship, and pay 6,000 yuan per month according to the brokerage contract. However, after review, the arbitration agency believes that Li and brokerage companies do not have labor relations, and cannot be salary according to labor relations.

Helpless, Li also rested to the court with contract disputes, requiring remuneration and payment. In this regard, the Star Company argues that the company recognizes that there is no chance to perform for Li, but the company spends about 200,000 yuan in order to shoot MV, and Li Mou has increased the reputation and worth. In this regard, Li said that the company’s MV is a song written by Li. It is just to take a picture with the camera, and the clip has never seen a film, it is impossible to spend 200,000 yuan, and the relevant cost is also Performing the implementation of the performance contract.

About payment remuneration, the stars believe that 6,000 yuan per month is salary, but Li does not pay cards in the company in accordance with the attendance system, so there is no need to pay.

Court judgment: The price of artist remuneration believes that after the exclusive broker Tongzhou court, it is believed that the content of the performance art brokerage contract involves contract law, labor law, intellectual property law, etc. , A composite contract for labor contract features.

In this case, due to the opportunity to perform, work, training and other opportunities after signing the contract, Li Mou requested to relieve the "exclusive performance contract" and the court should support. About Li required to pay 6,000 yuan per month, the court held that from the "exclusive performance contract" content, Li Mou’s contractual income included two parts, one is 30% of the performance income, the other part is monthly salary 6000 Yuan, from the above terms, salary does not belong to the remuneration of performance activities, no need to obtain performance income as a premise.

At the same time, although the contract uses a wage word, the artist and the performance company are not just a matter of providing labor, the other party pays the reward, this has been confirmed by labor arbitration. Then, the implementation of the artwork and the artist constitute a legal relationship, the court believes that the payment of the salary is actually based on the personal performance of the performance contract. It is based on the valuation of Li’s own value. It is based on Li and the Star Company signing "exclusive performance." "After the Star Company obtains Li’s exclusive performance art brokerage rights, and Li is the price of exclusive performance services to be paid by Li. Therefore, the salary actually got a paid for Li exclusive brokerage service to pay, the payment of the compensation is not a prerequisite for the test. The stars have no right to pay for the payment of the payment with Li. Obligation. Accordingly, the court has made a judgment.

It is understood that with the rapid development of the cultural entertainment industry, more and more art practitioners choose to sign a contract. In this regard, the judge reminds that the art practitioners should have a comprehensive understanding of the company when selecting the performance company, check its industrial and commercial archives, business scope, personnel qualifications, credidential records, asset status, litigation, etc., try to view, Ensure that the company has sufficient financial, material and professionals to provide brokerage services for artists.

When signing a contract, it should be reviewed, and it is especially noted for the conventional conventional conventional provisions, especially payments, avoiding difficulties in future contracts.

(Reporter Xu Weilun correspondent Liang Rui "Guo Siyu).