On January 7th,2013,Mr.Zhang Zheng and his team were interviewed by Miss Shi from Law and LifeMagazine.Miss Shi knew about the deep theoretical research and rich practical experience of Mr.Zhang on performance management and culture industry from internet,so she invited Mr.Zhang to give his opinion on nowadays chaotic situation of performance management,analyze the reason of such situation,and offer his suggestions of the future development.

According to the questions from Miss Shi,Mr.Zhang introduced about various kind of disputes and cases related to star agent that his team have dealt with before,and analyzed performance management’s ills in china by comparison of china and the west on current situation and law system.Mr.Zhang stated that the reasons for the situation in china are non-enforcement and lax enforcement;and function vacancy of administrative organization and self-regulation organization is the primary reason.He also presented that only a third party fully play a supervision role can protect the vulnerable party better on the basis of party autonomy between performance management agents and entertainers.Additionally,Mr.Zhang reminded that the mix operation of performance management and video production may make large performance management agents are in much stronger place,and more likely to cause the“overusing“of entertainers.

During the interview,Mr.Zhang took performance management in America as an example,and gave a detailed introduction on the measures and systems under western culture from the following aspects,a)according to Talent Agencies Act and regulations related to Association of Talent Agents,performance management and video production shall be operated separately by different companies;b)Talent Agencies may be engaged in performance management after obtaining an approval,if the Talent Agencies is a person,he/she shall accept the investigation of social evaluation and background,and pay$10,000 as performance bond;c)the contracts between Talent Agencies and entertainers shall be contract templates from relative supervision organization and be delivered to Department of Labor(“DOL”)for approval;and d)entertainers’wages shall be supervised by DOL,and usually only 10%-20%of the wages may be paid to Talent Agencies as a service charge.

When talking about future development of performance management,Mr.Zhang told Miss Shi that a qualified performance management agent shall play at least four roles:a)representative during business negotiation;b)legal adviser;c)art director;and d)life assistant.At the end of the interview,in order to promote the process of performance management,Mr.Zhang and his team gave many professional suggestions,such as strengthening law enforcement,perfecting system construction,raising industry threshold,intensifying industrial regulation,enhancing entertainers’qualities and forbidding mix operation.

(Editor’s note:Law and Life Magazine is a national law news magazine sponsored by Law Press.This interview is published in February issue of Law and Life vol.483)

(This article is translated by software translator for reference only.)