Exclusive contracts are the extreme cases of contracts which represent diversities of modern society, and creativities and self controls of individuals. Though the purposes of contracts are same(the possession of top-pro men), characters of each contr...
Exclusive contracts are the extreme cases of contracts which represent diversities of modern society, and creativities and self controls of individuals. Though the purposes of contracts are same(the possession of top-pro men), characters of each contract are as complicated as modern society. So, It is impossible for us to find the model patterns of the contracts.
Generally speaking, we can't deny that though some contracts for the supply of labor in work market have standard types, most contracts are formed according to the principle of the liberty of contract and have their own distinctions and their own patterns. So, every contract can't belong to one of standard contracts in civil law. Some of them don't belong to any types of standard contracts in civil law and have their own types. They may be engagement contract or may be undertaking contract. They may be not only engagement contract, but delegation contract, or they may have distinctions of engagement, undertaking and delegation contract together. In other words, they can have two types or more of the distinctions of contracts in civil law, and may not belong to any types of standard contracts in civil. We can speak them as mixed contracts or, non standard contracts, Exclusive contracts represent complexity of modern society and have many kinds of distinctions of non standard contracts, According to the kinds or types of contracts, the degree of expertness of professional man, the popularity of them, and the eagerness of professional man, they are formed in different type and different character. An expert man receives a lot of money and forms the contract, and unskilled, and a poor man forms "the contract that is called "the servant contract. Like the star of the stars in korean entertainment industry,'Mr. Bae', big stars can receive the stocks of the company and form contracts,......
Therefore, we can't express exclusive contracts as certain standard types in civil law. But it is important for us to classify and analyze the their own distinctions, to find common rules in mixed contracts and provide the standards for solving the problem caused by exclusive contracts.
The purposes of the exclusive contracts in entertainment industries are possessions of top stars in each field. Through the exclusive contracts, the company will possess star-talents and pre-star-talents, who will achieve their own success in social and economic field... and so on. The concept of the exclusive contracts tells the characteristics of exclusive contracts. It also says that the hunting and poaching of entertainments companies are very excessive. The terms of contracts can be how to prevent other companies from hunting stars of theirs. The possessions of stars in entertainment industries are very important for the success of their programs and the future of companies. So the owners of entertainment companies can't help doing their best so as to possess star talents and pre-star talents. Exclusive contracts in sports -entertainment industries must be formed more exactly and more strictly enforced. If they are disobeyed, the punishment of them must be severe, too.
Exclusive contracts have been developed with entertainment industries. Hollywood star system which has changed from studio system to Agency, from agency to management system explains the causes of several issues of exclusive contracts; poaching star-talents and keeping star-talents, giant company's excessive possession of star talent and the disorganization of star system. We can compare the issues of our entertainment contracts with the causes and problems of changes in Hollywood star-systems. and we can establish the standards of formation, enforcement, and effect of exclusive contracts through the examples of American entertainment contracts.
Some of the most characteristics of exclusive contracts are the excessive enforcement contract terms. They enable the contract to have the effect. But if they are too excessive, they will be illegal and ineffective. So we must take care of this when forming the contracts. If it is formed through reasonable steps and in social and general principles, and is not illegal, the contracts can have the enforcible power according to it's own characteristics, whether it is expressive contracts or implied contracts. However, though parol contracts also can be enforcible and effective, they had better be contracted in written terms.