Skip to content

Categories:

Full analysis of AB 1319

Fair warning: this is a looooong post. It comments inline on a legislative analysis of AB 1310, and is posted here for the hyper-legal-nerds on both sides of the argument. We think it’s always better to be informed as well as is possible, as opposed to hearing second hand the “truth” about something.

This analysis, prepared by a Dana Mitchell on behalf of Mike Davis, who chaired one of the final hearings before the State Assembly before AB1319 was passed, looks at all aspects of the bill, including the history of how it got written and was supported, the changes to previous legislation it executes and more. It is a long, but interesting read. I’ve bolded notes and analysis that specifically pertain to casting workshops and to actors. For accuracy, you may compare the following analysis with the original California State Assembly publication, which, as government product, is in the public domain.

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
  2. (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. /
(916) 319-3450

Posted in Featured.


0 Responses

Stay in touch with the conversation, subscribe to the RSS feed for comments on this post.



Some HTML is OK

or, reply to this post via trackback.


2 × five =