California Talent Agency Act

In California, the California Talent Act is designed to protect “Artists.”

The California Talent Agency Act defines Artists as follows: “actors and actresses rendering services on the legitimate stage and the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises.”

In California, with a small exception for the music industry, only licensed California Talent Agents are allowed to “procure employment” (i.e. getting jobs) for the Artists they represent.

The California Talent Agency Act defines a “talent agency” as “a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment for an artist or artists, except that the activities of 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.

As provided in the California Talent Agency Act as stated above, as California Personal Managers are not licensed Talent Agents, they cannot get jobs for the Artists they represent, except, generally,  if the California Personal Manger is seeking a recording contract for an Artist the California Personal Manager represents.

If an Artist has a problem with a licensed California Talent Agent or a California Personal Manager who is violating a provision of the California Talent Agency Act, such as a California Personal Manager procuring employment for an Artist the California Personal Manager represents and seeking a commission of their earnings or a fee for doing so, or other violations of the California Talent Agency Act by a California Talent Agent or California Personal Manager, the Artist can file a Petition to Determine Controversy with the California Labor Commissioner pursuant to the California Talent Agency Act.

The California Talent Agency Act provides that the California Labor Commissioner shall hear and determine the outcome of the case.  If the Artist or California Talent Agent or California Personal Manager do not agree with the California Labor Commissioner’s determination, they can appeal the California Labor Commissioner’s determination to the Superior Court of the State of California within ten days and then have a new trial on the controversy.

If you are an Artist who has a problem with your California Talent Agent or California Personal Manager, you need an experienced entertainment attorney to represent you before the California Labor Commissioner and the Superior Court of the State of California, if necessary. Contact entertainment attorney, Richard Freiman, at 818-378-3530 or via the form on the right.