RULES FOR CASTING DIRECTORS AND CASTING ASSOCIATES PARTICIPATING AT WORKSHOPS WHERE ACTORS PAY

WORKSHOPS SHOULD BE CONDUCTED FOR EDUCATIONAL PURPOSES ONLY AND IT IS PERMISSABLE FOR CASTING DIRECTORS/CASTING ASSOCIATES TO RECEIVE A STIPEND FOR TEACHING SUCH WORKSHOPS IF THE FOLLOWING GUIDELINES ARE ADHERED TO:

1. The Casting Director/Casting Associate (and Casting Assistant) (CD/CA) may not
use workshops for the purpose of auditions, “pre-reads” or suggestions of future employment. The workshop may not be structured so that the majority of actor-participants are given the opportunity to perform a scene, and provided only simple redirect or feedback. The workshop shall be a real teaching experience and not resemble an audition.

2. The CD/CA may not retain a student/actor’s headshot, résumé, business card, reel, DVD, other electronic media, other promotional material, or any links thereto.

• All such promotional material may be provided for use during the workshop only and must be returned to the student/actor at the conclusion of that day’s workshop.
  (For workshops conducted online, the CD/CA may not retain a copy and must delete it from his/her computer’s hard drive.)
  At the beginning of the workshop, the CD/CA shall read the following disclaimer to the class exactly as written:

  “This workshop is a learning experience. It is not an audition or employment opportunity. As such, when this class is over, I will not be taking home, nor be given access to your headshot, resume or any of your other promotional materials.”

• The CD/CA may not participate in any workshop which provides, or advertises that it will provide the CD/CA with a student/actor’s headshot, resume, profile etc. (other than for use during the workshop only.)
• The CD/CA may not participate in any workshop which provides, or advertises that it will provide the CD/CA at any time with an electronic link or other access to the student/actor’s headshot, resume, profile etc.
• The workshop may provide a worksheet with thumbnail photos of the actors and space on the worksheet to make comments, but is not required. The worksheet may not have any contact information other than the name.

(Note: No sooner than 24 hours after the workshop is completed, the CD/CA may request the workshop provide the contact information (name, phone number, e-mail, agent/manager).of a student/actor on an individual basis. However, this may not include a headshot, resume, profile or other promotional information. Also, the CD/CA and workshop may not publicize this to the class at any time.

3. The CD/CA must inquire whether the workshop has a bond posted with the State Labor Commissioner as required by Labor Code section 1703.3(a), and may not participate unless it does.

4. The CD/CA may not use sides or materials from any show the CD/CA is currently casting or hired to cast, except if the roles being read are already cast.

5. The CD/CA must provide the workshop and the students with a specific lesson plan and the CD/CA must retain the lesson plan on file. The CD/CA should demand the workshop prominently display the lesson plan in its advertisements, including but not limited to internet websites, email, Facebook pages, Twitter, etc.

6. The CD/CA may not permit the use of the name, project information or likeness in any manner of a current production she/he is casting without first obtaining written permission from that production.

7. The Casting Director who teaches at a workshop must have one or more of the following qualifications:

• Member in good standing of the Casting Society of America; or
• Eighteen (18) months of experience as a Casting Director;

The Casting Associate who teaches at a workshop must have one or more of the following qualifications:

1. Member in good standing of the Casting Society of America; or
2. Eighteen (18) months of experience as a Casting Associate consisting of active participation in auditioning and presenting actors to producers and directors.

Additionally, the Casting Associate must have written permission from a CD that they have worked for within the last eighteen (18) months to teach a workshop and the workshop facilitator must keep this on file..

The Casting Assistant who teaches at a workshop must have the same qualifications as a Casting Associate and also have written permission from a CD that they have worked for within the last eighteen (18) months to teach a workshop and the workshop facilitator must keep this on file.

8. Prior to the workshop, the participating CD/CA must access the workshop’s website (or Facebook/Twitter etc if there is no website) and use all reasonable efforts to determine how the workshop is promoting that event. The CD/CA may not participate in any workshop whose advertisements/representations are deceptive or otherwise violate the following guidelines:

• The workshop’s advertisements must conspicuously disclose the following (For websites and similar electronic advertisements, this disclosure must appear on the home page):
  

  “This workshop is a learning experience. It is not an audition or employment opportunity. When the workshop is over, the casting director/casting associate/casting director (whichever is applicable) teaching this workshop will not be taking home nor be given access to your headshot, resume or any other of your promotional materials”

• The workshop’s advertisements may not state or imply that attendees have had success in gaining auditions, interviews or employment as a result of meeting a casting director through a workshop, nor that any CD or CA has a preference for hiring attendees at a particular workshop.
• The workshop’s advertisements may not state or imply that the CD/CA is using the workshop to audition actors, using phrases such as “currently” casting, for example. It may otherwise list the CD/CA credits, including current projects.
• The workshop’s advertisements may not use the name of a current production without written permission from the CD (who must have written permission from the production company)
• The workshop’s advertisement may not be misleading about the credentials of the CD/CA participant

9. The CD/CA who participates in paid workshops is strongly encouraged to also participate in workshops that do not charge actors a fee. Contact the C.S.A., S.A.G., AFTRA and the S.A.G. Foundation for more details.

In the interest of transparency, I’d like to know that all commenters are above board about who they are and what their stake is in this discussion so that we can all better understand each other and our viewpoints.

No response on who she was and what her background was, but lots of comments.

With Mimi, something didn’t feel right. She, who seems not to exist on IMDB, but knows an awful lot about casting and workshops, had some pretty strong negative opinions about them and I started to feel uneasy about who she was. And something occurred to me, which I hoped not to be true. Unfortunately it was.

On a whim, I compared the IP addresses, which are recorded when you post comments on any of my blogs, of “Mimi Jensen,” commenting on the ActingAnswers.com blog, with the IP address of Billy Da Mota, whose comments appear here on befreetochoose.org.

Mimi Jensen’s comments were recorded as coming from the IP address 70.142.1.152.

Billy Da Mota’s comments were recorded as coming from the IP address 70.142.1.152

Both the same. Strange. That means that both comments were sent from the same computer, or from different computers served by the same router – in the same physical location. when it’s a residential AT&T/Yahoo router serving the Burbank/Glendale/Pasadena area of LA from their Irvine hub.

Which it is, according to WHOIS.

That’s really, really, really creepy. And so, so sad.

Because posing as “Mimi Jensen,” Billy Da Mota calls casting people, who do what he does for a living “secretaries and list makers [who have] so little input into the casting decisions, it’s laughable” and then says, in anything but a loving fashion towards the people he judges daily, “actors can be pretty dumb.”

All after he excused himself from the discussion here, only to return with a fake persona to continue.

So when you read “Mimi’s” posts, know that they are actually the submissions of Billy Da Mota (or someone using Billy’s network connection), not some disinterested third party.

And know that he chose to do that – it doesn’t happen by accident. This tells me a lot about his character, and makes me sad all at the same time.

I won’t be looking at him the same way ever again, because this is the second time he’s hidden behind a fake name, and tried to torpedo something I’ve created.

Maybe Billy will come clean about this incident. I really can’t think of any reasonable explanation, but I’m sure if there is, he’ll let us know.

Well, I’ve been getting a lot of email from my subscribers asking me to weigh in on this casting director workshop discussion.

Most of the actors writing to me are asking whether or not I think casting director workshops are of any value.

With that in mind, here’s my ‘take’ on the whole CD Workshop question.

(Before I begin, let me say that I think Bonnie has some of the best career information in the business – and expresses it better than anyone out there, including me. I say this up front because Bonnie is a casting director and some of the things I’m going to say about casting directors – in general – might be thought to be a bit negative.)

As I said to David at dinner the other night (before his website went up); the most important thing actors need to understand about these ‘workshops’ is that casting directors are mostly former actors.

That word “former” is very important inasmuch as it points us to something that a lot of new-ish actors are overlooking – “you are trying to get good career information from someone who did not succeed at a career where they claim expert status.”

This is a huge disconnect when it comes to the idea that you will actually get good career advice at a casting director workshop. (By the way, you probably won’t get good career advice from most acting teachers either – unless they happen to be successful actors.)

What you do get from CD workshops is some ‘face time’ with the casting director in the workshop. (What you get from acting teachers is an ‘outside eye’ – to help you improve your craft.)

Another point I made with David is that there seems to be a large number of actors who think that they are dealing with ‘decision makers’ at some of these workshops – and nothing could be further from the truth.

Do you seriously believe that a television series producer, film director or any combination of producer and director – allows a casting person to decide who is cast in the project?

Believe me, that never happens.

(In fact, Spielberg – famously – is involved in choosing extras for his projects.)

To jump on an analogy that was used earlier – you are not paying to see the CEO … you are paying to see someone in the personnel department (and in some cases you are paying to see an assistant in the personnel department).

Back to the question – do I think it’s worth paying for a casting director workshop to gain access to some casting directors?

Sure, why not?

In many respects, as David points out, it’s advertising, promotion … dare I say, a business expense.

So, go ahead and sign up, pay and go – as long as you realize what is going on in these ‘workshops’ … you are simply paying to be seen by a casting director.

By the way, with that in mind, be sure to check to see if the casting director actually has a current assignment before paying to see her (him) – because paying to be seen by someone without a job is sort of silly.

Now, I know that there will be those who say “you cannot get in to see the decision makers without first getting by the casting director” – and, yes, this is true.

That’s why we hire casting directors – to winnow down the applicants for each acting job to a reasonable number. In other words the real job is to say ‘no’ to a lot of actors – most of whom fall into Bonnie’s on-the-nose category, “What Were You THINKING?”

As I say in my workshops – the casting director’s main job is to keep the crazy people away from Spielberg.

Finally, I agree with David’s overall point – the government should not interfere with legitimate business opportunities, simply because some intelligence-challenged hoopers can’t tell the difference between a legitimate opportunity and a scam.

In fact, a better plan (in my mind) is to prosecute the scam artists using current laws having to do with unfulfilled contractual obligations (what is said is just as important as what the written contract says – ask any car dealer).

That’s the way to stop ‘talent scouts’ from proliferating.

Am I right about all of this? I don’t know – it’s just my opinion based on 50 years in showbiz, enjoying some success as an actor, writer, producer and director.

In the end, you each have to make up your own mind and decide for yourself.

Deciding is the most important skill you can develop if you hope to make a living in the ‘arts.’

(And, yes, that’s another opinion – but I know I’m right.)

Bob Fraser

http://www.showbizhowto.com

City Hall East
200 N. Main Street
Room 800
Los Angeles, CA 90012

[City of Los Angeles Letterhead header]

213-978-8100 Tel
213-978-8312 Fax
CTrutanich@lacity.org
www.lacity.org/atty

CARMEN A. TRUTANICH
City Attorney
April 20, 2010

Recently it has come to the attention of this Otfice that you, or a member oi your staff, may have been featured at what is commonly referred to as a “casting workshop.”

The purpose of this ietter is to place you on notice that new laws regulating the talent service industry (known as “The Krekorian Talent Scam Prevention Act of 2009″) became effective January 1, 2010. These iaws affect a broad range ot businesses, inciuding casting workshops.

A willful violation of any provision by a taient service, its owner, officer, agent, director, agent or employee is punishable as a misdemeanor, with a maximum penaity for each offense of six months in county iaii and a fine of $10,000 (See Labor Code §1704.)

Please note that the talent service itself is not the onty potential offender: A person who aids and abets a violation of this statute is also criminally liable. (See Penai Code §31).

This notice is being sent to other casting directors, associates and representatives, and to motion picture studios, among others, to ensure industry-wide understanding ot the new laws and to obtain maximum compliance, Your selection as a recipient of this letter is not necessarily indicative of any wrongful past conduct.

OVERVIEW OF “KREKOREAN TALENT SCAM PREVENTION ACT:

The “Krekorian TaIent Scam Prevention Act” is available in it’s entirely at www.leginfo.ca.gov. First, click on “California Law.” Then click on “Labor Code.”
Then scroil down on the right to Sections 1?01 through 1705.

The Krekorian Talent Scam Prevention Act of 2009 divides the fee-related talent service industry into four (4) categories:
(1) Advance Fee Talent Representation Services —> Now Prohibited
(2) Talent Training Services —> Permitted, must comply with reguiaiions
(3) Talent Counseling Services -> Permitted, must comply with regulations
(4) Talent Listing Services —> Permitted, must compiy with regutations

I. Advance Fee Talent Representation Service:

An “Advance Fee Talent Representation Service” is iiiegal.

Labor Code §1702 states:

“No person shalt own, operate, act in the capacity of, advertise, soiicit for, or knowingly refer a person to an advance~fee taient representation service.”

“Person” means an individuai, company, society, firm, partnership, association, corporation, limited liability company, trust, or other organization.”
(See Labor Code §1701(e))

An Advance~Fee Taient Representation Service is defined in Labor Code §1702.1:

“(a) ‘Advance~fee talent representation service’ means a person who provides or offers to provide, or advertises or represents itself as providing, an artist, directiy or by referral to another person, with one or more of the foliowing services described beiow,
provided that the person charges or receives a fee from or on behalf of an artist for photographs, Internet Web sites, or other reproductions or other promotional materials as an artist; lessons, coaching, seminars, workshops, or similar training for an artist; or for one or more of the foilowing services:
(1) Procuring or attempting to procure an employment opportunity or an engagement as an artist.
(2) Procuring or attempting to procure an audition for an artist.
(3) Managing or directing the development of an artist’s career.
(4) Procuring or attempting to procure a taient agent or talent manager, including an associate, representative, or designee of a talent agent or taient manager.
(b) “Advance~fee talent representation service” also means a person who charges or receives a fee from, or on behalf of, an artist for any product or service required for the artist to obtain, from or through the person, any of the services described in paragraphs (1) to (4), inciusive, of subdivision (a).”

“Audition” is defined in Labor Code §1701(b):
“’Audition’ means any activity for the purpose of obtaining employment, compensated or not, as an artist whereby an artist meets with, interviews or performs before, or displays his or her talent before, any person, including a producer, a director, or a casting director, or an associate, representative, or designee of a producer, director, or casting director, who has, or is represented to have, input into the decision to select an artist for an empioyment opportunity. An “audition” may be in-person or through eiectronic means, iive or recorded, and may include a performance or other display of the artist’s promotional materials.”

Consequently, if a casting workshop quaiities as an “Advance Fee Talent Representation Service,” it would be an uniavvful business.

Please be assured that a casting workshop’s disclaimer that it is not for the purpose of obtaining empioyment, or that the workshop is not an “audition” is not controlling.

Factors that may indicate a workshop is indeed for the purpose ot obtaining employment (as opposed to a training event) includes whether the actor provides his/her headsnot or other promotional materials for the casting person to keep (unnecessary for a pure teaching or counseiing experience), the manner in which the Workshop itself is conducted and/or the workshops advertising, for example:

“We want to give a shout out to 5 performers who got cast from our workshop”

“Meet Casting Director John Doe who says: ‘Last year we used 100 workshop actors.”

ll. OTHER TALENT SERVICES:

Even if the workshop does not qualify as a “advance fee taient representation service” it may stiil be required to comply with the provisions set forth in Labor Code §1703, which applies to talent training services, talent counseling services and talent listing services.

Labor Code §1701(j) “Talent training service” means a person who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with lessons, coaching, seminars, workshops, or simiiartraining as an artist.”

Labor Code §1701(f): “Talent counseling service” means a person who does not manage or direct the development of an artist’s career and who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, that artist, directiy or by referrai to another person, with career counseling, vocational guidance, aptitude testing, or career evaluation as an artist.”

Labor Code §1701(g) “Talent listing service” means a person who, for a fee from, or on behaif of, an artist, provides or offers to provide, or advertises or represents itself as providing, an artist, directiy or by referrai to another person, with any of the following:

(1) A list of one or more auditions or empioyment opportunities.
(2) A iist of taient agents or talent managers, including an associate, representative, or designee thereof.
(3) A search, or providing the artist with the ability to perform a self-directed search, of any database for an audition or employment opportunity, or a database of talent agents or talent managers, or an associate, representative, or designee thereof.
(4) Storage or maintenance for distribution or disclosure to a person represented as offering an audition or employment opportunity, or to a talent agent, talent manager, or an associate, representative, or designee ot a talent agent or talent manager, of either of the following: (A) an artist’s name, photograph, Internet Web site, filmstrip, videotape, audition tape, demonstration reel, resume, portfolio, or other reproduction or promotionai materiai of the artist or (B) an artist’s schedule ot availability for an audition or employment opportunity.”

If the casting workshop qualifies as either one of tnese services, it must file a $50,000 bond with the Labor Commissioner, comply with various contract provisions, make refunds and permit cancellation under specified conditions, comply with advertising requirements, maintain and provide designated records to law enforcement and refrain from enumerated prohibited acts. If you would like to obtain a copy of my ietter to taient services explaining in more detail about these requirements, please send an email to mark.lambert@lacity.org.

In conclusion, all appropriate efforts snould be made to ensure fuli compliance with the requirements of state law described above. The City Attorney’s Office is monitoring the taient service industry closely, and reserves the right to take any criminal or civil enforcement action necessary to abate and punish violations of these laws.

Please understand that public prosecutors are not authorized to provide private legal counsel, such as reviewing or approving the operation of a particuiar talent service.

Very truly yours,
CARMEN A. TRUTANICH
Los Angele City Attorney

By
[signature]
MARK LAMBERT
Deputy City Attorney
Consumer Protection Section

NOTE: Feel free to share your thoughts about this letter, its tone and makeup in the comments below.

Here’s his note, with inline commentary:

So-called Casting Director “workshops”
have a long and sordid history in Hollywood.

Although DoNotPay.org is officially no longer in business, we
have created an archive which includes a timeline history to help
you understand the Casting Director Pay-to-Play scheme that
has lined the pockets of unscrupulous casting directors and has
plagued Hollywood for nearly 2 decades.

NOTE: We completely reject Mr. Da Mota’s histrionics throughout this piece, including the notions above that CD’s have been perpetrating a pay-to-play “scheme,” suggesting that CDs in Los Angeles have been engaged in systematic fraud worthy of a RICO prosecution, that anyone’s pockets are being lined – not at $150 a workshop, a pittance in the LA economy, that casting directors are unscrupulous or that actors are victims of this imaginary scheme.

Read the archives…
then come back to this page for savvy advice
on how you can help make a difference.

A Note From Billy DaMota
It’s been a while since we’ve taken a look at the issue in depth, so let’s revisit some of the facts regarding paid Casting Director “workshops”…

Right now, over 200 CDs and their staffs are paid to meet actors in CD workshops. That’s TWO HUNDRED. These casting “professionals” represent almost every network and cable TV show produced – from ABC, CBS, NBC, FOX, Showtime, HBO and more – and are accepting a fee to meet actors to consider them for acting work on the shows they’re currently casting.

NOTE: This is all true, just as a teacher accepts a fee to “meet actors” and teach them acting, said teacher possibly being well connected to agents and managers, or I accept a fee to “meet voiceover students” and teach them voicework, or Mr. Da Mota accepts a fee from productions to use his judgement to decide which actors to bring in and which to reject when he chooses his audition pool. These workshops absolutely are looking for new talent for their shows. And actors willing and able to pay those fees are looking to show those CDs that they are ready for the possibility. NO ONE considers these to be a guarantee of an audition or a job.

So there is no misunderstanding – DoNotPay.org applauds and encourages casting directors who teach – real teachers, providing ongoing classes with a real curriculum or lesson plan. Our efforts have always focused on the one night, single session so-called casting director “workshops” – where as many as 24 actors perform scenes for working casting directors or assistants, often with little or no feedback. These are not classes. This is not education. These are paid showcases. And that’s just not right. In fact, the practice of charging actors for a meeting or reading violates state and local laws.

NOTE: We reject this premise wholesale. I’ve never attended a workshop, now over 200 over the last four years, where there hasn’t been an inordinate amount of feedback, adjustments, taking the performance again, direct conversation between the actor and the casting person about their current skill level, their accomplishment that night, and what they might need to improve, as well as cogent, insightful answers in a setting where all can feel safe, about the way casting works in their particular offices. I want to know details, right from the horse’s mouth. An example: it’s nice to know that if I’m booked on one medical procedural, I probably won’t even be considered for another, or that most CDs prefer not to shake hands with hundreds of actors a day so as not to get sick. I want to know what each of my customers’ wants and needs are so that I can take notes and adjust my performance for them and their project – just as any other salesman would tailor his pitch to individual customers. We strongly reject the notion that these are not classes – they are. This IS an education. And while we accept that the law can be interpreted the way Mr. Da Mota chooses, we remind the reader that this is precisely the kind of ambiguity we seek to change.

Where are all of these casting “professionals” when SAG and AFTRA come calling for help for their members? At a hearing with the Division of Labor Standards Enforcement during the workshop debates a few years back, former AFTRA rep Jean Frost said on the record that she had sent out 75 letters to various CDs and their staffs – asking them to donate just one evening of their time to see AFTRA talent in their new showcase program. Out of the seventy-five requests, a single casting director responded, Jean told the room. I have heard similar stories from those who run the SAG casting-related events.

(NOTE: Although he offers no evidence to prove his assertions, we’ll accept that Billy is telling us the truth about SAG’s experience, but we in turn assert that sending a postal letter is hardly the best approach to get a casting director’s attention when they are inundated with headshots, resumes, postcards and more on a daily basis via the mail. Email or the telephone would likely be a more effective means of communication. In addition, SAG- and AFTRA- sponsored workshops would be wonderful for the Guild and Federation members who might be able to attend them, but what about the members who don’t get in, or the far more numerous non-union actors and/or unrepresented actors who, one might conclude, need exposure to casting directors even more than do union actors. We do encourage, as part of our best practices guidelines, that CDs be required to give one evening of their time every 60 days to SAG, AFTRA or non-profit sponsored casting workshops. But…we are also left wondering why Mr. Da Mota is so upset that those CDs are not responding to the offers made and leading those Guild and Federation workshops if, in fact, they are not valuable or educational as he claims above. We ask plainly of Mr. Da Mota to clarify if in fact workshops do indeed have value, enough to complain that they are not led for free, or if in fact they have no educational value. They cannot be both at once.)

Right now, there are a set of state workshop guidelines in effect – guidelines which the workshop industry begged the state to create so that they could stay in business. But most workshop companies haven’t bothered to follow these guidelines, and since they were agreed to years ago, there have been hundreds of violations. That’s right. Believe it or not, workshop companies are still breaking the law. Yet the Labor Commission, which promised to follow up and prosecute all violations has done absolutely nothing to investigate violations or enforce the guidelines.

NOTE: Those guidelines keep changing, and while some are reasonable and effective, some are downright ludicrous. The idea that an actor can no longer give a casting director their headshot and resume (one of the new requirements in AB 1319) is absurd. In no other industry is an individual prevented from providing a potential purchaser of that individual’s products or services, a business card or brochure that details the depth of experience, quality of work and beauty shot of their product. Actors’ headshots are their business cards, and their resumes are their brochures. Far from protecting actors from “unscrupulous” casting directors, AB 1319 is preventing actors from meeting and influencing the very people that could be key to their careers. This smacks of abridgment of an actors’ right to freedom of speech, freedom to congregate, freedom to conduct commerce and freedom to pursue happiness in their personal and professional lives.

Right now, there is a new law on the books, introduced on January 1, 2010 – California law AB1319 – “The Krekorian Talent Scam Prevention Act of 2009″ – which was created to help protect actors from businesses which charge a fee for auditions. Workshops which charge actors such a fee are considered Advance Fee Talent Services, which are now prohibited in the State of California.
UPDATE: As a result of our efforts to bring attention to the issue of paid access, SAG has put in place the Casting Access Project, which provides actors with FREE ACCESS to working casting directors in accordance with Section 47! Click here for more info.

NOTE: This is the very law we seek to alter to allow actors to choose between the free workshops Mr. Da Mota considers acceptable, and the paid workshops that we believe actors should have the right to choose to attend.

But the road to the free opportunities the Casting Access Project provides has been a rocky one. The workshop companies – who hate free competition – have an incredibly powerful lobby and have effectively kept this program from being implemented as fully as possible. In fact, at the state hearings dealing with the pay-for-access workshop issue, then-CSA president and workshop industry patsy Gary Zuckerbrod slammed SAG Section 47. At the same hearings, the attorney representing casting director and CSA Board Member Katy Wallin (Wallin owns a workshop company which paid other casting directors at the same time she served on the CSA Board) vowed to the Labor Board panel to fight on Wallin’s behalf all union efforts to implement Section 47. Wallin went on to serve as the vice president of the CSA – helping to create policy for the only organization representing film and TV CDs in America. Despite these roadblocks, the Screen Actors Guild and the SAG Foundation were able to establish this free and very successful program. Kudos to both organizations and to the casting directors who have graciously given of their time to support CAP!

NOTE: I am familiar with most of the casting workshop companies in town. It is a bald faced lie to claim that have any lobby whatsoever, let alone an “incredibly powerful” one. They are mostly small businesses, run more akin to mom-and-pop family businesses, with none owned by major corporations. There is no lobby, nor organization of any kind to which these companies belong. I’ve watched the email traffic between many of them as they ask very basic questions about what is and what isn’t compliance with AB 1319, and so far, every casting workshop company has settled on slightly difference actions to attempt to become compliant. As far as the CSA is concerned, whatever axe Mr. Da Mota has to grind with them or Mr. Zuckerbrod is moot – the CSA is advising their membership that the law is just fine, and have declined offers to join with befreetochoose.org in our efforts to get the law changed. We further believe that, given the letter sent to casting workshop owners by Mark Lambert, Assistant City Attorney for LA, their members may be at risk for misdemeanor violation of AB 1319 should they conduct workshops incorrectly, and that the CSA should be more concerned about this issue. Finally, it is nonsense to claim that the efforts that led to AB 1319 being signed into law earlier this year resulted in the Casting Access Project – that effort by SAG, which benefits SAG members, but, unfortunately, no one else, has been around for years.

Right now, the CSA continues to support paid workshops by its failure to inform its members of those workshop companies which have consistently violated the state guidelines and whose misleading and false advertising continues to reflect negatively on the entire casting profession.

How successful can the CSA expect to be with their new union when they allow those among their ranks to charge other union members (actors) for access to their offices? And how can the CSA expect casting directors to be recognized for the Academy Award when they represent the only profession in the entertainment industry which has a handful of members who consistently exploit actors and abuse their power to line their pockets?

The CSA can scratch its head, and wonder why every main-title profession, including editors, cinematographers, and even costume designers and makeup artists are considered for the coveted Oscar yet casting directors are left out of the mix. They can be puzzled by the lack of respect casting directors are accorded in the entertainment industry by producers, directors and actors. But all they have to do is look as far as their own members, at the greedy and self-serving behavior exhibited by a small number of them, and the inappropriate manner in which all responsible casting directors are portrayed by the workshop industry.

NOTE: If Mr. Da Mota is attempting to shame the CSA into action, taunt them with the lack of an Academy Award honor for best casting (a process any truthful casting director will tell you is a partnership between the choices presented by CDs and choices made by producers, writers and directors) by berating them for supporting the choice to lead and participate in paid acting workshops, we wonder what other less potent admonitions he may have tossed aside in that quest. Much more importantly, the CSA should promote paid casting workshops, as well as have guidelines for its members to volunteer for union, non union and other educational opportunities in which its members should be required to engage.

That’s basically it. Kinda like a State of the Workshop address. Today, actors have fewer and fewer opportunities and much less access to acting work and are paying more than ever to get their foot in the door. Things will never improve until the workshop companies are taken to task by the state of California for their violations, when the Guild has honored its commitment to its members by making certain Section 47 is fully and faithfully enforced, and when the CSA finally takes the initiative to make certain that all its members behave in a professionally responsible and ethical manner.

NOTE: Although Mr. Da Mota claims “that’s basically it,” it’s not. Far from it.

We assert that as actors, we make up one of the largest economic forces in the Southern California area, and that we are just as much in busines for ourselves, sole proprietors, as any other business. We should be treated the same way – with the same rights to engage in best practices in business as our producing partners, allied crafts and services, manufacturing, service and yes, even political operatives. A fundamental operation of business is to spend time and money to market its goods and services, meeting and educating potential buyers of those goods and services, leaving behind marketing materials and samples to try and convince those buyers to give us a try, to give us an order, to give us shelf space, and to let the consumers of those goods and services have the opportunity to enjoy them.

If we were not actors, but rather plumbing supply salesmen, lawmakers would never try to prevent us from individually, or at conventions or golf outings, meeting the hardware buyers at Home Depot or Lowes, give them our business cards, show them our pipes and wrenches, leave behind catalogs, brochures, even samples of our faucets and drains for real world inspection, get feedback on our line of offerings, maybe even take them out to dinner or or a show or baseball games,. And should those buyers go to the product managers of those companies and encourage them to put our products on the shelves in those stores for consumers to purchase, well, we’ve been successful.

But we ARE actors. Our tools may be different, but successful actors will tell you that our process is essentially the same.

Our jobs? Not plumbing supply salesmen, but rather, acting in television, in film and on stage.
Our products? Not a line of hardware, but our faces, bodies, voices and the ability to make people laugh, cry, feel and think – as actors.
Our conventions? Not hardware conventions, but ActorFest, Showbiz Expo, Act Now, Reel Pros, SSLA, Actors’ Key, AIA, and dozens more.
Our buyer’s assistants? Not Lowes employees, but casting directors, associates and assistants.
Our buyers? Not Home Depot product managers, but producers, show runners, writers and other final casting decision makers
Our marketing materials? Not business cards and brochures, but headshots and resumes and postcards.
Our samples? Not faucets and drains, but auditions. Yes, auditions with material that’s relevant to their current needs: the shows they cast.
Our buyer feedback? Not requests for different colors and finishes, but feedback-driven adjustments to our auditions.
Our dinners and events? Not baseball games, golf outings or $1000 a plate political fundraisers, but casting workshops and tickets to our plays.
Our consumers? Not the people who need to buy a new faucet, but the viewers of TV and film.
Our success? Not huge sales of our plumbing supplies, but our bookings, our ratings by our consumers, and our credits.

Mr. Da Mota, Mr. Lambert and Mr. Krekorian would be hard pressed to disagree with any of that, yet their new law seeks to abridge our rights to engage in that very business process, all in the name of protecting us poor defenseless actors against “unscrupulous” and “scheming” casting directors looking to line their pockets with literally dozens of dollars an hour – with a law that is truly useful in discovering and bringing to justice the true bane of our acting existence, individuals preying on unsuspecting newcomers and parents of children who dream of stardom and take their money by the tens of thousands. Respectfully, Mr. Da Mota’s paternalistic page is shameful and full of distortion, lies and misrepresentation.

We call on Mr. Da Mota, and Mr. Krekorian to join with us, professionals all, and change this law to affirm the right of casting workshop companies, casting directors and actors to congregate and meet, to exchange business material and offer more choice to the production community through discovery of new talent, ready to succeed in show business.

I don’t blame actors for paying for access. It’s nearly impossible to meet a casting director any other way. But if actors don’t want to pay, they must organize – and mount a revolution. They need to create a powerful lobby which can make their voices heard on a large and collective scale. They need to stand up and be counted. They need to take their careers back. They need to demand that the access to those who can hire them be free of charge – and not limited to those who pay for the privilege.

NOTE: We couldn’t agree more.

You can read the rest of Mr. Da Mota’s note at his website. Please do, to be completely informed, and tell us what you think in the comments below.

INTRODUCED BY Assembly Member Krekorian (Coauthors: Assembly Members Davis and Ma)

FEBRUARY 27, 2009

An act to repeal and add Chapter 4.5 (commencing with Section 1701) of Part 6 of Division 2 of the Labor Code, relating to talent services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1319, Krekorian. Talent services.
Existing law regulates the licensing and operation of talent services within the entertainment industry. These provisions govern the making and canceling of contracts, fees to be charged for services, records to be maintained by talent services, bonding requirements, and remedies for violations of these provisions, a violation of which constitutes a crime.

This bill would prohibit a person from engaging, as specified, in an advance-fee talent representation service, as defined. This bill would also impose additional disclosure and contract requirements for a talent service, as defined. The bill would make a willful violation of its provisions a misdemeanor and subject to a civil action.

Because the bill would create new crimes, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds that there exist in connection with a substantial number of contracts for talent services, sales practices and business and financing methods which have worked a fraud, deceit, imposition, and financial hardship upon the people of this state, particularly upon children and other minors; that existing legal remedies are inadequate to correct these abuses; that the talent industry has a significant impact upon the economy and well-being of this state and its local communities; and that the provisions of this act relating to these are necessary for the public welfare.

The Legislature declares that the purpose of this act is to safeguard the public against fraud, deceit, imposition, and financial hardship, and to foster and encourage competition, fair dealing, and prosperity in the field of talent services by prohibiting or restricting false or misleading advertising and other unfair, dishonest, deceptive, destructive, unscrupulous, and fraudulent business practices by which the public has been injured in connection with talent services.

Nothing in this act is intended to prohibit talent training services, talent counseling services, and talent listing services from conducting business provided they comply with the provisions and prohibitions set forth in this act.

Nothing in this chapter is intended to prohibit legitimate contractual business relationships between artists and bona fide record companies or to excuse a person from complying with Chapter 4 (commencing with Section 1700).

SEC. 2. Chapter 4.5 (commencing with Section 1701) of Part 6 of Division 2 of the Labor Code is repealed.

SEC. 3. Chapter 4.5 (commencing with Section 1701) is added to Part 6 of Division 2 of the Labor Code, to read:

CHAPTER 4.5. FEE-RELATED TALENT SERVICES
Article 1. Definitions

1701. For purposes of this chapter, the following terms have the following meanings:

(a) “Artist” means a person who is or seeks to become an actor, actress, model, extra, radio artist, musical artist, musical organization, director, musical director, writer, cinematographer, composer, lyricist, arranger, or other person rendering professional services in motion picture, theatrical, radio, television, Internet, print media, or other entertainment enterprises or technologies.

(b) “Audition” means any activity for the purpose of obtaining employment, compensated or not, as an artist whereby an artist meets with, interviews or performs before, or displays his or her talent before, any person, including a producer, a director, or a casting director, or an associate, representative, or designee of a producer, director, or casting director, who has, or is represented to have, input into the decision to select an artist for an employment opportunity. An “audition” may be in-person or through electronic means, live or recorded, and may include a performance or other display of the artist’s promotional materials.

(c) “Employment opportunity” means the opportunity to obtain work as an artist, whether compensated or not.

(d) “Fee” means any money or other valuable consideration paid or promised to be paid by or on behalf of an artist for services rendered or to be rendered by any person conducting business under this chapter. “Fee” does not include the following:

(1) A fee calculated as a percentage of the income earned by the artist for his or her employment as an artist.

(2)

(A) Reimbursements for out-of-pocket costs actually incurred by the payee on behalf of the artist for services rendered or goods provided to the artist by an independent third party if all of the following conditions are met:

(i) The payee has no direct or indirect financial interest in the third party.

(ii) The payee does not accept any referral fee, kickback, or other consideration for referring the artist.

(iii) The services rendered or goods provided for the out-of-pocket costs are not, and are not represented to be, a condition for the payee to register or list the artist with the payee.

(iv) The payee maintains adequate records to establish that the amount to be reimbursed was actually advanced or owed to a third party and that the third party is not a person with whom the payee has a direct or indirect financial interest or from whom the payee receives any consideration for referring the artist. To satisfy this condition, the payee shall maintain the records for at least three years and make them available for inspection and copying within 24 hours of a written request by the Labor Commissioner, the Attorney General, a district attorney, a city attorney, or a state or local enforcement agency.

(B) A person asserting a defense based upon this paragraph has the burden of producing evidence to support the defense.

(3) Appearances, marketing, or similar activities by an artist rendered in the context of promoting that artist’s career.

(4) Royalties or profit participation from work or services as an artist payable under a bona fide contractual obligation.

(e) “Person” means an individual, company, society, firm, partnership, association, corporation, limited liability company, trust, or other organization.

(f) “Talent counseling service” means a person who does not manage or direct the development of an artist’s career and who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, that artist, directly or by referral to another person, with career counseling, vocational guidance, aptitude testing, or career evaluation as an artist.

(g) “Talent listing service” means a person who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, an artist, directly or
by referral to another person, with any of the following:

(1) A list of one or more auditions or employment opportunities.

(2) A list of talent agents or talent managers, including an associate, representative, or designee thereof.

(3) A search, or providing the artist with the ability to perform a self-directed search, of any database for an audition or employment opportunity, or a database of talent agents or talent managers, or an associate, representative, or designee thereof.

(4) Storage or maintenance for distribution or disclosure to a person represented as offering an audition or employment opportunity, or to a talent agent, talent manager, or an associate, representative, or designee of a talent agent or talent manager, of either of the following:

(A) an artist’s name, photograph, Internet Web site, filmstrip, videotape, audition tape, demonstration reel, resume, portfolio, or other reproduction or promotional material of the artist or

(B) an artist’s schedule of availability for an audition or employment opportunity.

(h) “Talent scout” means an individual employed, appointed, or authorized by a talent service, who solicits or attempts to solicit an artist for the purpose of becoming a client of the service. The principals of a service are themselves talent scouts if they solicit on behalf of the service.

(i) “Talent service” means a talent counseling service, a talent listing service, or a talent training service.

(j) “Talent training service” means a person who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with lessons, coaching, seminars, workshops, or similar training as an artist.

Article 2. Advance-Fee Talent Representation Service

1702. No person shall own, operate, or act in the capacity of an advance-fee talent representation service or advertise, solicit for, or knowingly refer a person to, an advance-fee talent representation service.

1702.1. (a) “Advance-fee talent representation service” means a person who provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with one or more of the following services described below, provided that the person charges or receives a fee from or on behalf of an artist for photographs, Internet Web sites, or other reproductions or other promotional materials as an artist; lessons, coaching, seminars, workshops, or similar training for an artist; or for one or more of the following services:

(1) Procuring or attempting to procure an employment opportunity or an engagement as an artist.

(2) Procuring or attempting to procure an audition for an artist.

(3) Managing or directing the development of an artist’s career.

(4) Procuring or attempting to procure a talent agent or talent manager, including an associate, representative, or designee of a talent agent or talent manager.

(b) “Advance-fee talent representation service” also means a person who charges or receives a fee from, or on behalf of, an artist for any product or service required for the artist to obtain, from or through the person, any of the services described in paragraphs (1) to (4), inclusive, of subdivision (a).

1702.3. A person who violates Section 1702 is subject to the provisions of Article 4 (commencing with Section 1704).

1702.4. This article does not apply to the following:

(a) A public educational institution.

(b) A nonprofit corporation, organized to achieve economic adjustment and civic betterment, give vocational guidance, including employment counseling services, and assist in the placement of its members or others, if all of the following conditions exist:

(1) None of the corporation’s directors, officers, or employees receive any compensation other than a nominal salary for services performed for the corporation.

(2) The corporation does not charge a fee for its services, although it may request a voluntary contribution.

(3) The corporation uses any membership dues or fees solely for maintenance.

(c) A nonprofit corporation, formed in good faith for the promotion and advancement of the general professional interests of its members, that maintains a placement service principally engaged to secure employment for its members with the state or a county, city, district, or other public agency under contracts providing employment for one year or longer, or with a nonprofit corporation exempted by subdivision (b).

(d) A labor organization, as defined in Section 1117.

(e) A newspaper, bona fide newsletter, magazine, trade or professional journal, or other publication of general circulation, whether in print or on the Internet, that has as its main purpose the dissemination of news, reports, trade or professional information, or information not intended to assist in locating, securing, or procuring employment or assignments for others.

(f) A public institution.

Article 3. Other Talent Services

1703. (a) Every contract and agreement between an artist and a talent service shall be in writing, in at least 10-point type, and contain all of the following provisions:

(1) The name, address, telephone number, fax number (if any), e-mail address (if any), and Internet Web site address (if any), of the talent service, the artist to whom services are to be provided, and the representative executing the contract on behalf of the talent service.

(2) A description of the services to be performed, a statement when those services are to be provided, and the duration of the contract.

(3) Evidence of compliance with applicable bonding requirements, including the name of the bonding company and the bond number, if any, and a statement that a bond in the amount of fifty thousand dollars ($50,000) must be posted with the Labor Commissioner.

(4) The amount of any fees to be charged to or collected from, or on behalf of, the artist receiving the services, and the date or dates when those fees are required to be paid.

(5) The following statements, in boldface type and in close proximity to the artist’s signature:

“(Name of talent service) IS A TALENT COUNSELING SERVICE, TALENT LISTING SERVICE, OR TALENT TRAINING SERVICE (whichever is
applicable). THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. (Name of talent service) IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH TRAINING, COUNSELING, OR LISTING INFORMATION (whichever is applicable). FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

YOUR RIGHT TO CANCEL
(enter date of transaction)
You may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within 10 business days from the above date or the date on which you commence utilizing the services under the contract, whichever is longer. For purposes of this section, business days are Monday through Friday.

To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to (name of talent service) at (address of its place of business), fax number (if any), e-mail address (if any), and Internet Web site address (if any), NOT LATER THAN MIDNIGHT OF (date). If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to: (e-mail address).

CANCELLATION NOTICE
I hereby cancel this contract.
Dated:
Artist Signature.
If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the talent service.”

(6) A statement conspicuously disclosing whether the artist may or may not obtain a refund after the 10-day cancellation period described in paragraph (5) has expired.

(b) Except for contracts executed over the Internet, a contract subject to this section shall be dated and signed by the artist and the representative executing the contract on behalf of the talent service. In the case of a contract executed over the Internet, the talent service shall give the artist clear and conspicuous notice of the contract terms and provide to the artist the ability to acknowledge receipt of the terms before acknowledging agreement thereto. In any dispute regarding compliance with this subdivision, the talent service shall have the burden of proving that the artist received the terms and acknowledged agreement thereto.

(c) If the talent service offers to list or display information about an artist, including a photograph, on the service’s Internet Web site, or on a Web site that the talent service has authority to design or alter, the contract shall contain a notice that the talent service will remove the listing and content within 10 days of a request by the artist or, in the case of a minor, the artist’s parent or guardian. The contract shall include a valid telephone number, mailing address, and e-mail address for the talent service to which a request for removal may be made.

(d) A contract between an artist and a talent service shall be contained in a single document that includes the elements set forth in this section. A contract subject to this section that does not comply with subdivisions (a) to (f), inclusive, is voidable at the election of the artist and may be canceled by the artist at any time
without any penalty or obligation.

(e)

(1) An artist may cancel a contract or within 10 business days from the date he or she commences utilizing the services under the contract. An artist shall notify the talent service of the cancellation for talent services within 10 business days of the date he or she executed the contract by mailing, delivering, or sending by facsimile transmission to the talent service, a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. A talent service shall refund all fees paid by, or on behalf of, an artist within 10 business days after delivery of the cancellation notice.

(2) Unless a talent service conspicuously discloses in the contract that cancellation is prohibited after the 10-day cancellation period described in paragraph (1), an artist may cancel a contract for talent services at any time after the 10-day cancellation period by mailing, delivering, or sending by facsimile transmission to the talent service a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. Within 10 business days after delivery of the cancellation notice, the talent service shall refund to the artist on a pro rata basis all fees paid by, or on behalf of, the artist.

(f) A contract between an artist and a talent service shall have a term of not more than one year and shall not be renewed automatically.

(g) The talent service shall maintain the address set forth in the contract for receipt of cancellation and for removal of an Internet Web site or other listing, unless it furnishes the artist with written notice of a change of address. Written notice of a change of address may be done by e-mail if the artist designates an e-mail address in the contract for purposes of receiving written notice.

(h) The talent service shall advise a person inquiring about canceling a contract to follow the written procedures for cancellation set forth in the contract.

(i) Before the artist signs a contract and before the artist or any person acting on his or her behalf becomes obligated to pay or pays any fee, the talent service shall provide a copy of the contract to the artist for the artist to keep. If the contract was executed through the Internet, the talent service may provide a copy of the contract to the artist by making it available to be downloaded and printed through the Internet.

(j) The talent service shall maintain the original executed contract on file at its place of business.

1703.1.

(a) Every person engaging in the business of a talent service shall keep and maintain records of the talent service business, including the following:

(1) The name and address of each artist contracting with the talent service.

(2) The amount of the fees paid by or for the artist during the term of the contract with the talent service.

(3) Records described in clause (iv) of subparagraph (A) of paragraph (2) of subdivision (d) of Section 1701.

(4) Records described in paragraph (1) of subdivision (b) of Section 1703.6.

(5) Records described in subdivision (j) of Section 1703.

(6) Records described in paragraph (1) of subdivision (a) of Section 1703.4.

(7) Records described in paragraph (2) of subdivision (a) of Section 1703.4.

(8) Records described in paragraph (2) of subdivision (c) of Section 1703.4.

(9) The name, address, date of birth, social security number, federal tax identification number, and driver’s license number and state of issuance thereof, of the owner of the talent service and of the corporate officers of the talent service, if it is owned by a corporation.

(10) The legal name, principal residence address, date of birth, and driver’s license number and state of issuance thereof, of every talent scout and the name each talent scout uses while soliciting artists.

(11) Any other information that the Labor Commissioner requires.

(b) All books, records, and other papers kept pursuant to this chapter by a talent service shall be open for inspection during the hours between 9 a.m. and 5 p.m., inclusive, Monday to Friday, inclusive, except legal holidays, by a peace officer or a representative from the Labor Commissioner, the Attorney General, any district attorney, or any city attorney. Every talent service shall furnish to the Labor Commissioner, a law enforcement officer, the Attorney General, any district attorney, or any city attorney, upon request, a true copy of those books, records, and papers, or any portion thereof, and shall make reports as the Labor Commissioner requires. The inspecting party shall maintain the confidentiality of any personal identifying information contained in the records maintained pursuant to this section, and shall not share, sell, or transfer the information to any third party unless it is otherwise authorized by state or federal law. A written or verbal solicitation or advertisement for an artist to perform or demonstrate any talent for the talent service, or to appear for an interview with the talent service, shall include the following clear and conspicuous statement: “This is not an audition for employment or for obtaining a talent agent or talent management.”

1703.3.

(a) Prior to advertising or engaging in business, a talent service shall file with the Labor Commissioner a bond in the amount of fifty thousand dollars ($50,000) or a deposit in lieu of the bond pursuant to Section 995.710 of the Code of Civil Procedure. The bond shall be executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to fifty thousand dollars ($50,000). The bond may be terminated pursuant to Section 995.440 of, or Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.

(b) The bond required by this section shall be in favor of, and payable to, the people of the State of California and shall be for the benefit of any person injured by any unlawful act, omission, or failure to provide the services of the talent service.

(c) The Labor Commissioner shall charge and collect a filing fee to cover the cost of filing the bond or deposit.

(d)

(1) Whenever a deposit is made in lieu of the bond otherwise required by this section, the person asserting the claim against the deposit shall establish the claim by furnishing evidence to the Labor Commissioner of injury resulting from an unlawful act, omission, or failure to provide the services of the talent service or of a money judgment entered by a court.

(2) When a claimant has established the claim with the Labor Commissioner, the Labor Commissioner shall review and approve the claim and enter the date of the approval thereon. The claim shall be designated an approved claim.

(3) When the first claim against a particular deposit has been approved, it shall not be paid until the expiration of a period of 240 days after the date of its approval by the Labor Commissioner. Subsequent claims that are approved by the Labor Commissioner within the same 240-day period shall similarly not be paid until the expiration of that 240-day period. Upon the expiration of the 240-day period, the Labor Commissioner shall pay all approved claims from that 240-day period in full unless the deposit is insufficient, in which case every approved claim shall be paid a pro rata share of the deposit.

(4) Whenever the Labor Commissioner approves the first claim against a particular deposit after the expiration of a 240-day period, the date of approval of that claim shall begin a new 240-day period to which paragraph (3) applies with respect to any amount remaining in the deposit.

(5) After a deposit is exhausted, no further claims shall be paid by the Labor Commissioner. Claimants who have had claims paid in full or in part pursuant to paragraph (3) or (4) shall not be required to return funds received from the deposit for the benefit of other claimants.

(6) Whenever a deposit has been made in lieu of a bond, the amount of the deposit shall not be subject to attachment, garnishment, or execution with respect to an action or judgment against the assignor of the deposit, other than as to an amount as no longer needed or required for the purposes of this chapter and that would otherwise be returned to the assignor of the deposit by the Labor Commissioner.

(7) The Labor Commissioner shall return a deposit two years from the date it receives written notification from the assignor of the deposit that the assignor has ceased to engage in the business or act in the capacity of a talent service or has filed a bond pursuant to subdivision (a), provided that there are no outstanding claims against the deposit. The written notice shall include all of the following:

(A) The name, address, and telephone number of the assignor.

(B) The name, address, and telephone number of the bank at which the deposit is located.

(C) The account number of the deposit.

(D) A statement that the assignor is ceasing to engage in the business or act in the capacity of a talent service or has filed a bond with the Labor Commissioner. The Labor Commissioner shall forward an acknowledgment of receipt of the written notice to the assignor at the address indicated therein, specifying the date of receipt of the written notice and the anticipated date of release of the deposit, provided that there are then no outstanding claims against the deposit.

(8) A superior court may order the return of the deposit prior to the expiration of two years upon evidence satisfactory to the court that there are no outstanding claims against the deposit, or order the Labor Commissioner to retain the deposit for a specified period beyond the two years to resolve outstanding claims against the deposit.

(9) This subdivision applies to all deposits retained by the Labor Commissioner. The Labor Commissioner shall notify each assignor of a deposit it retains and of the applicability of this section.

(10) Compliance with Sections 1700.15 and 1700.16 of this code or Section 1812.503, 1812.510, or 1812.515 of the Civil Code shall not satisfy the requirements of this section.

1703.4.

(a) A talent service, its owners, directors, officers, agents, and employees shall not do any of the following:

(1) Make or cause to be made any advertisement or representation expressly or impliedly offering the opportunity for an artist to meet with or audition before any producer, director, casting director, or any associate thereof, or any other person who makes, or is represented to make, decisions for the process of hiring artists for employment as an artist, or any talent agent or talent manager, or any associate, representative, or designee thereof, unless the talent service maintains for inspection and copying written evidence of the supporting facts, including the name, business address, and job title of all persons conducting the meeting or audition, and the title of the production and the name of the production company.

(2) Make or cause to be made any advertisement or representation that any artist, whether identified or not, has obtained an audition, employment opportunity, or employment as an artist in whole or in part by use of the talent service unless the talent service maintains for inspection written evidence of the supporting facts upon which the claim is based, including the name of the artist and the approximate dates the talent service was used by the artist.

(3) Charge or attempt to charge an artist for an audition or employment opportunity.

(4) Require an artist, as a condition for using the talent service or for obtaining an additional benefit or preferential treatment from the talent service, to pay a fee for creating or providing photographs, filmstrips, videotapes, audition tapes, demonstration reels, or other reproductions of the artist, Internet Web sites, casting or talent brochures, or other promotional materials for the artist.

(5) Charge or attempt to charge an artist any fee not disclosed pursuant to paragraph (4) of subdivision (a) of Section 1703.

(6) Refer an artist to a person who charges the artist a fee for any service or any product in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest, unless the fee and the financial interest are conspicuously disclosed in a separate writing provided to the artist to keep prior to his or her execution of the contract with the talent service.

(7) Require an artist, as a condition for using a talent service or for obtaining any additional benefit or preferential treatment from the talent service, to pay a fee to any other talent service in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest.

(8) Accept any compensation or other consideration for referring an artist to any person charging the artist a fee.

(9) Fail to remove information about, or photographs of, the artist displayed on the talent service’s Internet Web site, or a Web site that the service has the authority to design or alter, within 10 days of delivery of a request made by telephone, mail, facsimile transmission, or electronic mail from the artist or from a parent or guardian of the artist if the artist is a minor.

(b) A talent training service and talent counseling service and the owners, officers, directors, agents, and employees of the talent training service or talent counseling service shall not own, operate, or have a direct or indirect financial interest in a talent listing service.

(c) A talent listing service and its owners, officers, directors, agents, and employees shall not do either of the following:

(1) Own, operate, or have a direct or indirect financial interest in a talent training service or a talent counseling service.

(2) Provide a listing of an audition, job, or employment opportunity without written permission for the listing. A talent listing service shall keep and maintain a copy of all original listings; the name, business address, and business telephone number of the person granting permission to the talent listing service to use the listing; and the date the permission was granted.

(3) Make or cause to be made an advertisement or representation that includes the trademark, logo, name, word, or phrase of a company or organization, including a studio, production company, network, broadcaster, talent agency licensed pursuant to Section 1700.5, labor union, or organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service.

1703.5. No talent scout shall use the same name as used by any other talent scout soliciting for the same talent service, and no talent service shall permit a talent scout to use the same name as used by any other talent scout soliciting for the talent service.

1703.6. This article does not apply to any of the following:

(a) An entity described in subdivisions (a), (b), (d), (e), and (f) of Section 1702.4.

(b)

(1) A private educational institution established solely for educational purposes which, as a part of its curriculum, offers employment counseling to its student body and satisfies either of the following:

(A) The institution conforms to the requirements of Article 5 (commencing with Section 33190) of Chapter 2 of Part 20 of Division 2 of Title 2 of the Education Code.

(B) More than 90 percent of the students to whom instruction, training, or education is provided during any semester or other term of instruction have completed or terminated their secondary education or are beyond the age of compulsory high school attendance. A person claiming exemption under this subparagraph shall maintain adequate records to establish the age of its students, including the name, date of birth, principal residence address, principal telephone number, driver’s license number and state of issuance thereof, and dates of attendance, and shall make them available for inspection and copying within 24 hours of a written request by the Labor Commissioner, the Attorney General, a district attorney, a city attorney, or a state or local law enforcement agency. The inspecting party shall maintain the confidentiality of any personal identifying information contained in the records maintained pursuant to this section, and shall not share, sell, or transfer the information to any third party unless it is otherwise authorized by state or federal law.

(2) A person claiming an exemption under this subdivision has the burden of producing evidence to establish the exemption.

(c) A psychologist or psychological corporation, licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code, that provides psychological assessment, career or occupational counseling, or consultation and related professional services within the scope of its practice.

(d) An educational psychologist, licensed pursuant to Article 1 (commencing with Section 4980) of Chapter 13 of Division 2 of the Business and Professions Code, who provides counseling services within the scope of his or her practice.

(e) A talent listing service, if all of the following apply:

(1) A majority interest in the service is owned by one or more colleges or universities, or alumni associations affiliated therewith, and each of the colleges or universities is accredited by an accrediting agency recognized by the United States Department of Education and a member organization of the Council of Postsecondary Accreditation.

(2) The service provides services exclusively for artists who are the alumni of colleges or universities specified in paragraph (1).

(3) The service does not require, as a condition to receiving services, an applicant to have completed courses or examinations beyond the requirements for graduation from the applicant’s college or university specified in paragraph (1).

(4) More than 50 percent of the annual revenues received by the service are derived from paid subscriptions of prospective employers.

(f) A public library.

Article 4. Remedies

1704. A person, including, an owner, officer, director, agent, or employee of a talent service, who willfully violates any provision of this chapter is guilty of a misdemeanor. Each violation is punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. However, payment of restitution to an artist shall take precedence over the payment of a fine.

1704.1. The Attorney General, a district attorney, or a city attorney may institute an action for a violation of this chapter, including an action to restrain and enjoin a violation.

1704.2. A person who is injured by a violation of this chapter or by the breach of a contract subject to this chapter may bring an action for recovery of damages or to restrain and enjoin a violation, or both. The court shall award to a plaintiff who prevails in an action under this chapter reasonable attorney’s fees and costs. The amount awarded for damages for a violation of this chapter shall be not less than three times the amount paid by the artist, or on behalf of the artist, to the talent service or the advance-fee talent representation service.

1704.3. The Labor Commissioner shall use the proceeds of a bond or deposit posted by a person pursuant to this chapter to satisfy a judgment or restitution order resulting from the person’s violation of a provision of this chapter, if the person fails to pay all amounts required by the judgment or restitution order.

Article 5. General Provisions

1705. The provisions of this chapter are not exclusive and do not relieve a person subject to this chapter from the duty to comply with all other laws.

1705.1. The remedies provided in this chapter are not exclusive and shall be in addition to any other remedies or procedures provided in any other law, including Section 17500 of the Business and Professions Code.

1705.2. A waiver by an artist of the provisions of this chapter is deemed contrary to public policy and void and unenforceable. An attempt by a person or a talent service to have an artist waive his or her rights under this chapter is a violation of this chapter.

1705.3. If any provision of this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of that provision to other persons and circumstances shall not be affected thereby.

1705.4. Compliance with this chapter does not satisfy and is not a substitute for the requirements mandated by any other applicable law, including the obligation to obtain a license under the Talent Agencies Act (Chapter 4 (commencing with Section 1700)), prior to procuring, offering, promising, or attempting to procure employment or engagements for artists.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Being able to meet a casting director and perform for them is crucial to an actor’s success. This happens most often when called in for an audition – which happens most often when an actor has representation.

But what if you are agent-less? How do you attract the attention of a casting director who spends most of his or her time choosing potential audition participants from a pool of actors found on Breakdown Services, most whom have agents or managers?

It’s difficult at best, but, fortunately, there are other opportunities to meet casting directors: casting workshops.

These casting workshops usually consist of 20 or so actors, meeting in the evening or on the weekends, learning from a guest casting director (or assistant or associate) about how the process of casting works in their offices, and then receiving sides from that CD based on an examination of the actors’ headshots and resumes, rehearsing them for a few minutes, performing them for or with the casting person, getting valuable feedback and adjustments. The casting director usually makes notes on the individual actor’s headshots to remind them of their skill level and any interesting facets of the actor’s experience, and then keeping those headshots in a file at their offices for reference should a part come up that that actor might be right for.

That’s the way it’s supposed to work: a business person (the actor) meeting a customer (the casting person), displaying their wares and leaving behind a sample (the performance) and a business card (headshot and resume). And an actor should be like any other businessperson – they use any opportunity to meet their potential customer’s needs and, hopefully, fill them.

Whether or not the casting director volunteers unpaid for the evening, or is paid for his or her time (usually the princely sum of $150 or $200 for the evening, a fifth of what a bartender or waiter, common jobs for actors, can make at a popular bar or restaurant in an evening), both the casting director and actor should be free to enter into this arrangement, and casting workshop companies should be free to arrange for these workshops.

Likewise, organizations like the Screen Actors’ Guild (SAG), the American Federation of Radio and Television Artists (AFTRA), The Actors’ Network and others should be free to arrange for meeting space, invite casting directors and actors alike to participate in free workshops.

Both free and paid workshops serve several purposes: to educate and inform actors as to the way the casting office and process works, and to educate and inform casting directors about the pool of potential actors available for current and future projects. There is nothing wrong with this process: it is our contention that far from being a paid audition, it is an amazing opportunity for both actor and casting director to discover each other and find success where none might have existed.

We believe that the Krekorian Talent Scam Prevention Act, California AB1319, now currently state law, places all parties in an uncertain and unsafe position, greatly interferes with actors’ abilities to conduct themselves as any other business person wanting to market their services to potential customers, and hangs a Sword of Damocles over the heads of both casting personnel and casting workshop companies, placing their actions and viability in jeopardy. We believe overall that this Act abridges the First Amendment rights of both casting directors and actors.

We do believe that Paul Krekorian, the author of this Act, had his heart in the right place: to protect actors from the scam artists who take advantage of actors who have not educated themselves as to how the industry really works, and end up paying incredible sums of money to scam modeling agencies, fakers posing as managers and agents, con men and women who fill parents’ heads with dreams of stardom for their cute children. We join Mr. Krekorian in our condemnation of such organizations and their practices.

But we feel that AB 1318 throws the baby out with the bathwater: acting workshops are either free or reasonably priced, they provide much needed education as to how the industry really works, and they can make a star of those well skilled actors who, while previously unable to get the attention of an agent or casting director because they had no credits. There are no starry eyed dreamers in these workshops. The attendees are well aware that they are placing themselves in competition with other actors to stand out and excel at their work and potentially break in to a very difficult business.

The proof of this is in the pudding: the list of actors who have found success is long and lustrous. While the list of people who have not found success via workshops, paid or not, is far longer, it’s not the fact that some workshops charge to attend causes that failure. Rather it’s that success in show business is based on business acumen and talent, and no amount of workshop fee money can change that.

This website is designed to inform actors, CDs, workshop and networking companies and politicians of the chilling effects removing the freedom to choose between paid and/or unpaid casting workshops creates. We seek change in the law to affirm the right of all parties to engage in these casting workshops, and to remove the danger of violation of state law in doing so.

We will not cease our efforts until actors have the affirmative right to attend these workshops, casting directors have the right to teach at them, paid or not, and companies have the right to hold them.

BILL ANALYSIS – AB 1319
Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA
Mike Davis, Chair

AB 1319 (Krekorian) – As Amended: April 15, 2009

SUBJECT: Advance-Fee Talent Services

SUMMARY: Recasts and revises provisions of existing law regulating advance-fee talent services. Specifically, this bill makes the following substantive changes to the existing statutory requirements:

1. Establishes a definition for an “advance-fee talent representation service” and prohibits a person from owning, acting in the capacity of, advertising for or soliciting for, or knowingly referring any person to such services.
2. Establishes a definition for fee-related “talent services” as either a “talent counseling service,” a “talent listing service,” or a “talent training service.”
3. Defines a “talent counseling service” as a person who is not otherwise any artist’s talent manager and who, for a fee, provides or offers to provide, holds themselves out as providing, or represents it will make a referral to another person who will provide an artist with career counseling, career consulting, vocational guidance, aptitude testing, career evaluation, or career planning as an artist.
4. Defines a “talent listing service” as a person who, for a fee, provides or offers to provide, holds themselves out as providing, or represents it will make a referral to another person who will provide an artist with any of the following:
1. A list of one or more auditions or employment opportunities.
2. A list of one or more talent agents or talent managers, including an associate, representative or designee thereof.
3. A search, or providing the artist with the ability to perform a self-directed search, of any database for an audition or employment opportunity, or a database of talent agents or talent managers, or an associate, representative or designee thereof.
4. Storage or maintenance of any of the following for distribution or disclosure to a talent agent, talent manager, or an associate, representative or designee thereof, or to a person represented as offering an audition or employment opportunity: the artist’s name, photograph, Internet Web site, filmstrip, videotape, audition tape, demonstration reel, resume, portfolio, or other reproduction or promotional material of the artist, or an artist’s schedule of availability for an audition or employment opportunity.
5. Defines a “talent training service” as a person who, for a fee, provides or offers to provide, holds themselves out as providing, or represents it will make a referral to another person who will provide an artist with lessons, coaching, seminars, workshops, or similar training as an artist.
6. Establishes a number of specified exemptions from the requirements of this bill for various entities or individuals that meet certain conditions.
7. Prohibits a “talent service,” its directors, officer, agents and employees from engaging in a number of specified activities.
8. Prohibits a “talent training service” and a “talent counseling service”, and its officers, directors, agents, and employees from operating or having a direct or indirect financial interest in a talent listing service.
9. Provides that a “talent listing service,” and its officers, directors, agents and employees shall not do either of the following:
1. Own, operate, or have a direct or indirect financial interest in a “talent training service” or a “talent counseling service”; or,
2. Provide a listing of an audition, job, or employment opportunity without written permission for the listing. A talent listing service shall keep and maintain a copy of all original listings; the name, business address, and business telephone number of the person granting permission to the talent listing service to use the listing; and the date the permission was granted.

(NOTE: It appears that this analysis restarts the numbering of points here, but we believe the author meant to continue in sequence.)

10. Revises requirements related to language and other provisions for contracts between artists and talent services.
11. Prohibits a contract for fee-related talent services from being automatically renewed.
12. Amends procedures related to the cancellation of contracts and refunds.
13. Revises recordkeeping requirements.
14. Increases a bond requirement for talent services from $10,000 to $50,000.
15. Provides that a person, including an officer, director agent or employee who violates these provisions is guilty of a misdemeanor and eliminates a requirement that violation be “willful” to constitute a misdemeanor.
16. Provides that damages for violations shall be no less than three times the amount paid by the artist to the talent service.

FISCAL EFFECT: Unknown

(NOTE: We believe the fiscal effect to be extremely detrimental to the aspirant actor and working actor who has natural difficulty finding opportunities to make themselves and their abilities known to casting personnel, far worse than the “unknown” status on which the author of this analysis settles.)

COMMENTS :

Author’s (NOTE: this would be Paul Krekorian) Statement and Support . According to the author’s office:

With the unprecedented popularity of ‘American Idol’ and other reality television programming, the false promise of instant stardom has increasingly become a fertile ground for talent peddlers to scam the public, victimizing children and young adults in particular. This fraud is accomplished through deceptive newspaper, Internet and radio advertisements and by phony ‘talent scouts’, who descend upon parents at shopping malls and community fairs, offer the unsolicited opinion that their child has star potential, and invite them to an ‘audition’ – which turns out to be a ‘bait and switch’ attempt to sell photographs, classes and listing services. (NOTE: We don’t disagree at all. But, casting workshops, the professional casting community in Los Angeles and the actors who take the classes held at casting workshop locations are nowhere near the universe of “victims” this paragraph describes.) While the number of consumers swindled multiplies, talent scams run rampant because our current laws do not address the types of fraud they employ and do not provide law enforcement with the tools to address the problem.”

The author also clarifies his intent that, AB 1319 does not affect, and is not intended to affect, legitimate talent agents or talent managers who earn money strictly through commissions and do not charge their client’s advance fees.

The Los Angeles City Attorney, Rocky Delgadillo, is the lead sponsor of this measure. He writes in support saying:

“Complaints about acting and modeling scams have doubled every year since 2006. This trend is expected to continue in 2009. In Southern California alone, there have been approximately 1,000 complaints and an additional 143,000 inquiries during that time. These scams cause millions of dollars in loss to victims and inflict genuine emotional harm to children when they find out their ‘talent scout’ was a fraud. Our current laws do not address talent training services or talent listing services, the avenue most often exploited by talent scammers.”

The Screen Actors Guild adds in further support:

“The promise to secure employment is too often empty and the fees for the purported service can be astounding. While substantial gains were made with the passage of the Advance Fee Talent Law of 2005, there are still many areas that are being exploited by loopholes and grey areas.” (NOTE: There is not, nor has there ever been, the promise to secure employment, not even a promise of an audition for the shows CDs are working on, in any casting workshop.)

Finally, BizParentz, a non-profit California organization that serves families with children in the entertainment industry (professional child actors), writes to share their member’s experience with advance fee agencies saying:

“2008 has been a devastating year for California families in the area of talent scams and questionable Advance Fee Talent Services. Our organization is literally pushed to the limit of our capabilities as we answer hundreds of emails and phone calls a month from parents requesting help. The stories are heartbreaking: families who are approached by ‘scouts’ in malls, fairs or schools with promises of Disney or Nickelodeon auditions (logos used without studio permission of course) or meetings with ‘famous Hollywood talent agents’. The deceptive advertising is blatant and they are very, very good at what they do. It is a bait and switch: most often these businesses are offering acting classes, ‘connections’, websites, photos or showcases. The going rate has gotten much higher in the last year – $5,000-$10,000 for six months of services, if they get the services at all. In reality, these businesses have little connection to the real entertainment industry. Their purpose is simply to part parents from their money, and children from their dreams.” (NOTE: Again, this is exactly the kind of multi-thousand-dollar fraud to which the Act should be aimed, not the casting workshops that cost between $25 and $45 to attend.)

Legislative History of the Regulation of Talent Agents and Advanced Fee Talent Services .

The following history comes from the hearing materials of the 1985 report of the California Entertainment Commission, as referenced in the 2001 Senate Select Committee on Regulation of Talent Agents hearing into The Impact of the Talent Agencies Act Upon Performers, Their Agents and Mangers. This material is included in the instant analysis to help the committee distinguish between the legitimate and highly regulated Talent Agents; managers and recording artist managers who generally receive compensation from artists after performing their contractual duties (and may even advance funds to the artist, see e.g. Waisbren v. Peppercorn Productions Inc. [1995] Cal App 4th, 246, 253, “The personal manager frequently lends money to the neophyte artist, thereby speculating on a return from the artist’s anticipated future earnings.” Id), and; Advanced-Fee Talent Services, which this bill would prohibit. (NOTE: Even the nomenclature (Advanced-Fee Talent Services) would seem to preclude the targeting of casting workshops from the group of organizations this bill purports to cover.)

When the California Labor Code was enacted in 1937, the provisions of the Employment Agencies Act of 1913 (Stats. 515, Ch. 282) were re-enacted and incorporated in the new code. Two categories of employment agencies had been denominated by that Act and made subject to regulation: “general employment agencies” and, in recognition of California’s infant entertainment industry, the “theatrical employment agencies.” The latter were delineated as operating within the context of “circuses, vaudeville, theatrical and other entertainers, exhibitors and performers.”

The 1937 Labor Code established another category of employment agency, namely, “the motion picture employment agency” (Stats. 230. Ch. 90).

Regulatory controls over each of these categories of employment agencies were established, including licensing requirements and other restrictions on the operations of such agencies.

In 1943, the “artist manager” was added to the Employment Agencies Act (1943, Stats. 1326, Ch. 329). The artist manager was defined as:

A person who engages in the occupation of advising, counseling, or directing artists in the development or advancement of their professional careers and who procures, offers, promises or attempts to procure employment or engagements of an artist only in connection with and as a part of the duties and obligations of such person under a contract with such artist by which such person contracts to render services of the nature above mentioned to such artist.

In 1959, those provisions of the Employment Agencies Act pertaining to the “artist manager” were removed from that Act and were placed in the Labor Code as a separate group of sections (1959, Stats. 2929, Ch. 888).

These four categories of agents – employment agent, theatrical employment agent, motion picture employment agent and the artists’ manager – existed until 1967. In that year, the California Legislature repealed the Employment Agencies Act, abolished the categories of theatrical employment agent and motion picture employment agent, transferred the provisions relating to employment agencies to the Business and Professions Code and placed such agencies under the jurisdiction of the Department of Professional and Vocal Standards (since 1971, the Department of Consumer Affairs). Regulation of artists’ manager remained in the Labor Code in the Artists’ Manager Act, and, for purposes of administration, under the jurisdiction of the Labor Commissioner.

In 1978, the Act was renamed the Talent Agencies Act (Chapter 1382, Statutes of 1978) and that remains the name of the statue today. Also by the same enactment, artists’ managers became “talent agents”, and the definition of an artists’ manager became “talent agents”, and the definition of an artists’ manager, now a talent agent, was changed to read, as follows:

A talent agency is hereby defined to be a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist or artists. Talent agencies may, in addition, counsel or direct artists in the development of their professional careers.

In 1982, AB 997 (Chapter 682, Statues of 1983) made several significant changes in the Act. First, it excluded the procuring of recording contracts from the licensure requirements under the Act. To accomplish this exclusion, Labor Code Section 1700.4 was amended by the addition of the following [underlined] language:

(a) A talent agency is hereby defined to be a person or corporation who engages in the occupation of procuring, or attempting to procure employment or engagements for an artist or artists, except that the activities or procuring, offering, or promising to procure recording contracts for an artist or artists shall not of itself subject a person or corporation to regulation and licensing under this chapter. Talent agencies may, in addition, counsel or direct artists in the development of their professional careers.

(NOTE: This is exactly the kind of exclusion we seek for paid and free casting workshops, with language to be developed in conjunction with input from actors, casting workshop and networking companies, producers and actors.)

As the above demonstrates, California has a comprehensive scheme of regulation for those involved in the procuring of employment. However, prior to 1999, California law did not regulate persons engaged in the solicitation of advance-fee payments from an artists prior to employment being secured. At the time, concerns were expressed that unscrupulous individuals were posing as talent agents or talent managers and were requesting large payments in exchange for promises of employment that they could never deliver. That changed with the enactment of AB 884 (Kuehl), Chapter 626, Statutes of 1999.

Among other things, AB 884 required a contract between an advance-fee talent service and an artist to be in writing and to contain specified provisions, including a right to cancel the contract and to receive a refund, as specified. The bill also required an advance-fee talent service to file a bond or deposit in the amount of $10,000 with the Labor Commissioner. In addition, AB 884 prohibited an advance-fee talent service from engaging in specified activities, including making false, misleading, or deceptive advertisements, giving an artist false information, or charging a fee for registering or listing an artist for employment in the entertainment industry.

The measure also provided that a person who willfully violates any provision of the law was guilty of a misdemeanor and authorized the Attorney General, a District Attorney or an city attorney to bring an action for violation of the law. AB 884 also authorized an aggrieved person to bring a private action and authorized the recovery of treble damages.

Summary of Relevant Changes Proposed by this Legislation .

This bill proposes to revamp and recast the provisions of law regulating advance-fee talent services, adding several new definitions and imposing new requirements, responsibilities or prohibitions on providers of those services. In general, this bill proposes to distinguish “advance-fee representation services” which would be prohibited by the bill from other types of “fee-related talent services,” which are subject to specific regulation as set forth by the bill.

Changes Relative to “Advance-Fee Representation Services” .

1. This bill defines an “advance-fee talent representation service” as a person that, for a fee, provides, holds themselves out as providing, offers to provide, or represents it will make a referral to another person who will provide an artist with any of the following services:
   1. Procuring or attempting to procure employment or an engagement as an artist;
   2. Procuring or attempting to procure an audition for an artist;
   3. Managing or directing the development of an artist’s career; or,
   4. Procuring or attempting to procure a talent agent or talent manager, including an associate, representative or designee thereof.
2. The bill contains numerous specified exemptions from these provisions, as specified below. (NOTE: We would also prefer that the bill be amended to specifically define, and exclude, casting workshops from the purview of this bill)
3. This bill prohibits a person from owning, acting in the capacity of, advertising for or soliciting for, or knowingly referring a person to any advance-fee talent representation service. Violations of this prohibition are misdemeanors and subject to certain other remedies, as specified below.

Changes Relative to “Fee-Related Talent Services”:

This bill establishes a new definition for “fee-related talent services,” which consist of various specified activities. In general, “fee-related talent services” are not prohibited by the bill but are subject to specific regulation as discussed below.

Changes to Definitions:

1. This bill defines a “talent service” to mean:
   1. a talent counseling service;
   2. a talent listing service; or
   3. A talent training service.
2. This bill defines a “talent counseling service” to mean a person who is not otherwise any artist’s talent manager and who, for a fee, provides or offers to provide, holds themselves out as providing, or represents it will make a referral to another person who will provide an artist with career counseling, career consulting, vocational guidance, aptitude testing, career evaluation, or career planning as an artist.
3. This bill defines a talent listing service to mean a person who, for a fee, provides or offers to provide, holds themselves out as providing, or represents it will make a referral to another person who will provide an artist with any of the following:
   1. A list of one or more auditions or employment opportunities.
   2. A list of one or more talent agents or talent managers, including an associate, representative or designee thereof.
   3. A search, or providing the artist with the ability to perform a self-directed search, of any database for an audition or employment opportunity, or a database of talent agents or talent managers, or an associate, representative or designee thereof.
   4. Storage or maintenance of any of the following for distribution or disclosure to a talent agent, talent manager, or an associate, representative or designee thereof, or to a person represented as offering an audition or employment opportunity: the artist’s name, photograph, Internet Web site, filmstrip, videotape, audition tape, demonstration reel, resume, portfolio, or other reproduction or promotional material of the artist, or an artist’s schedule of availability for an audition or employment opportunity.
4. This bill defines a “talent training service” as a person who, for a fee, provides or offers to provide, holds themselves out as providing, or represents it will make a referral to another person who will provide an artist with lessons, coaching, seminars, workshops, or similar training as an artist.
5. This bill defines a “talent scout” as an individual employed, appointed, or authorized by a talent service, who solicits or attempts to solicit an artist for the purpose of becoming a client of the service. The bill specifies that the principals of a service are themselves talent scouts if they solicit on behalf of the service.

Exemptions

This bill contains a number of exemptions and specifies that these requirements do not apply to public educational institutions, or private educational institutions, psychologists, education psychologists, non-profit corporations, labor organizations, publications, public libraries or public institutions that meet specified conditions. The provisions of the bill also do not apply to a talent listing service if, among other things, a majority interest in the service is owned by one or more colleges, universities or alumni associations, as specified.

Changes to “Prohibited Acts”:

1. This bill provides that a “talent service”, its directors, officers, agents, and employees shall not do any of the following:
1. Make or cause to be made any advertisement or representation expressly or impliedly offering the opportunity for an artist to meet with or audition before any producer, director, casting director, or any associate thereof, or any other person who makes, or is represented to make, decisions for the process of hiring artists for employment as an artist, or any talent agent or talent manager, or any associate, representative or designee thereof, unless the talent service maintains for inspection and copying written evidence of the supporting facts, including the name, business address, and job title of all persons conducting the meeting or audition, and the title of the production and the name of the production company.
2. Make or cause to be made any advertisement or representation that any artist, whether identified or not, has obtained an audition, employment opportunity, or employment as an artist in whole or in part by use of the talent service unless the talent service maintains for inspection and copying written evidence of the supporting facts upon which the claim is based, including the name of the artist and the date the contract was executed.
3. Charge or attempt to charge an artist for an audition or employment opportunity.
4. Require an artist, as a condition for use of a talent service, or to obtain any additional benefit or preferential treatment from the talent service, to pay a fee for creating or providing photographs, filmstrips, videotapes, audition tapes, demonstration reels, or other reproductions of the artist, Internet Web sites, casting or talent brochures, or other promotional materials for the artist.
5. Charge or attempt to charge an artist any fee not disclosed, as specified.
6. Unless it is conspicuously disclosed to the artist prior to the execution of the contract with the artist in a separate writing provided to the artist to keep, refer an artist to any person who charges the artist a fee for any product in which the talent service, its directors, officers, agents, or employees has a direct or indirect financial interest.
7. Require an artist, as a condition for use of a talent service, or as a condition for obtaining any additional benefit or preferential treatment from the talent service, to pay a fee to any other service in which the talent service, its directors, officers, agents, or employees has a direct or indirect financial interest.
8. Accept any compensation or other valuable consideration for referring an artist to any person charging the artist a fee.
9. Fail to remove an artist’s Internet Web site and its content within 10 days of a request by telephone, mail, facsimile or electronic mail from the artist, or the parent or guardian of the artist if the artist is a minor.
2. The bill also prohibits a “talent training service” and a “talent counseling service”, and its officers, directors, agents, and employees from operating or having a direct or indirect financial interest in a talent listing service
3. Finally, the bill provides that a “talent listing service”, and its officers, directors, agents, and employees, shall not do either of the following:
1. Own, operate, or have a direct or indirect financial interest in a “talent training service” or a “talent counseling service.”
2. Provide a listing of an audition, job, or employment opportunity without written permission for the listing. A talent listing service shall keep and maintain a copy of all original listings; the name, business address, and business telephone number of the person granting permission to the talent listing service to use the listing; and the date the permission was granted.

Changes Regarding Contract Agreement Provisions and Recordkeeping Requirements .

1. General Contract Provisions . Current law requires every contract between an artist and an advance-fee talent service to be in writing and contained certain specified language and provisions. This bill changes the required contract language as follows:
   1. Requires the contract to contain evidence of compliance with applicable bonding requirements, including the name of the bonding company and bond number, if any, and a statement indicating that a $50,000 bond must be posted with the Labor Commissioner;
   2. Adds new boilerplate language that must be included in every contract stating that the talent service is a “talent counseling service”, “talent listing service” or “talent training service.” The boilerplate language specifies that only a licensed talent agent can engage in procuring, offering, promising, or attempting to procure employment or engagements for an artist;
   3. Specifies that, for contracts executed over the Internet, the talent service shall give the artist clear and conspicuous notice of the contract terms and provide the artist the ability to acknowledge receipt of the terms before acknowledging agreement thereto. The bill provides that in any dispute regarding compliance with this requirement, the talent service shall have the burden of proving that the artist received the terms and acknowledged agreement thereto; and,
   4. Provides that if a talent service offers to list or display information about an artist, including a photograph, on the service’s Internet Web site, or on a Web site that the service has authority to design or alter, the contract shall contain a notice that the talent service will remove the listing and content within 10 days of a request by the artist or, in the case of a minor, the artist’s parent or guardian. The contract shall include a valid telephone number, mailing address, facsimile and e-mail address for the talent service to which a request for removal may be made.
2. Non-Automatic Renewal. This bill prohibits a contract for fee-related talent services from being automatically renewed.
3. Changes to Contract Cancellation/Refund Procedures. Under current law, an artist may cancel a contract for advance-fee talent services, without any penalty or obligation, within 10 business days from the date of execution of the contract. In the event that an artist cancels the contract, the advance-fee talent service is required to refund in full any advance fees within 10 days. If payment is not refunded within 10 days, the advance-fee talent service is required to pay the artists an additional sum equal to the amount of the fee.

   In addition, under current law, if the artist does not receive the services that were promised or that the artist was led to believe would be performed, fees are to be refunded. If repayment is not made within 48 hours of the demand, the advance-fee talent service is required to pay the artist an additional sum equal to the amount of the fee.

   This bill proposes to amend these cancellation/refund procedures.

   First, the bill provides that an artist may cancel a contract for talent training services within 10 business days of execution of the contract by mailing or delivering or sending by facsimile to the talent service a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation by the Internet if the contract was executed in part or in whole through the Internet. The bill requires a talent service to refund all fees paid by, or on behalf of an artist within 10 business days after delivery of the cancellation notice.

   Second, the bill provides that, unless a talent service conspicuously discloses in the contract that cancellation is prohibited after the ten-day cancellation period, an artist may cancel a contract for talent services at any time after the 10-day cancellation period and receive a refund on a pro rata basis by mailing, delivering or sending by facsimile to the talent service a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation by the Internet if the contract was executed in part or in whole through the Internet. The bill requires a talent service to refund all fees paid by, or on behalf of an artist on a pro rata basis within 10 business days after delivery of the cancellation notice.

4. Advertisements. This bill provides that an advertisement soliciting artists to perform or demonstrate any talent, or to appear for an interview shall clearly and conspicuously state, “This is not an audition for employment or for obtaining a talent agent or talent management.”
5. Recordkeeping Requirements . Existing law requires every person engaging is the business of an advance-fee talent service to keep and maintain records as specified.

   This bill revises those recordkeeping requirements to specify that these records shall include all of the following:

   1. The name and address of each artist contracting with that talent service;
   2. The amount of the fees paid by or for the artist during the term of the contract with the talent service;
   3. The name, address, date of birth, social security number, federal tax identification number, and driver’s license number and state of issuance thereof, of the owner of the service, and the corporate officers if the service is owned by a corporation;
   4. The legal name, principal residence address, date of birth, and driver’s license number and state of issuance thereof, of every talent scout, as defined in subdivision (g) of Section 1701, and the name(s) each talent scout uses while soliciting. No talent scout shall use the same name as used by any other talent scout soliciting for the service and no service shall permit a talent scout to use the same name as used by any other talent scout soliciting for the service;
   5. Other specified information; and,
   6. Any other information that the Labor Commissioner requires.

   This bill also requires that all books, records, and other papers kept by a talent service shall be open during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays to inspection by any peace officer or to any representative from the Labor Commissioner, Attorney General, district attorney, or any city attorney.

   The bill also requires every talent service to furnish to the Labor Commissioner, police, Attorney General, district attorney, or city attorney, upon request, a true copy of those books, records, and papers, or any portion thereof, and to make reports as the Labor Commissioner requires.

6. Changes to Bond Requirements and Fees . Existing law provides that, prior to “engaging in the business or acting in the capacity of an advance-fee talent service”, a person shall file with the Labor Commissioner a bond in the amount of $10,000 or a deposit in lieu of the bond, as specified.

   This bill amends the law to requiring such bonding from a talent service prior to “advertising or engaging in business.”

   This bill also increases the amount of the bond required from $10,000 to $50,000.

7. Changes to Remedies. Existing law provides that a person who willfully violates these provisions of law is guilty of a misdemeanor, punishable by imprisonment or a $10,000 fine or both.

   This bill instead provides that a person, “including an owner, officer, director, agent, or employee of a talent service” who violates the law is guilty of a misdemeanor. The bill also eliminates the requirement that the violation be “willful.”

   Current law provides that the amount awarded for damages may be up to three times the damages actually incurred, but not less than the amount paid by the artist to the advance-fee talent service.

   This bill changes those damages to “not less than three times the amount paid by the artist, or on behalf of the artist, to the talent service or the advance-fee talent representation service.”

Prior Related Legislation .

1. AB 884 (Kuehl), Chapter 626, Statutes of 1999, discussed above.
2. AB 2860 (Kuehl), Chapter 878, Statutes of 2000, corrected a drafting error to narrow the law to avoid regulating individuals who served merely as photographers, costume designers, drama coaches or in similar occupations but not engaging in advance-fee talent services.
3. SB 1687 (Murray) Chapter 288, Statutes of 2004, closed a loophole for those who charging up-front fees for photographs or “casting kits” while indicating that these services will lead to employment.

REGISTERED SUPPORT / OPPOSITION :

Support

1. Better Business Bureau of the Southland (Co-sponsor)
2. Los Angeles City Attorney (Co-sponsor)
3. Screen Actors Guild (Co-sponsor)
4. BizParentz

Opposition

1. None on file

(NOTE: We wonder how this bill got passed without noting the opposition to the bill, in both of its incarnations in 2005 and 2009, by actors, casting workshop organizations and others. We also strongly state our opposition here, and will do so throughout the course of this action.)

Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
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