AB 2068: Talent services.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-30
Existing law regulates the licensing and operation of talent services within the entertainment industry. Existing law prohibits specific activities or omissions by a talent service or its owners, directors, officers, agents, and employees, including the failure to remove information about, or photographs of, an artist displayed on the talent services Internet Web site or an Internet 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 email from the artist or from a parent or guardian of the artist if the artist is a minor. If the talent service offers to display information about, or a photograph of, an artist on the services Internet Web site, existing law requires a contract between an artist and a talent service to contain a notice that the talent service will remove the content within 10 days of a request by the artist or the artists parent or guardian, if a minor. A willful violation of those prohibitions is a crime.
This bill would prohibit these specific activities or omissions of a talent service, its owners, directors, officers, agents, and employees through any means of communication. The bill would extend the prohibition of the failure to remove an artists information or photographs to those displayed on an online service, online application, or mobile application of the talent service or one that the talent service has the authority to design or alter and would require the talent service to also act on requests to remove information or photographs made by text message or other electronic communication. The bill would expand the above-described notice requirement to contracts in which the talent service offers to display information about, or a photograph of, an artist on the services online service, online application, or mobile application. Because a violation of these provisions would be a crime under certain circumstances, the bill 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.
Existing law regulates the licensing and operation of talent services within the entertainment industry. Existing law prohibits specific activities or omissions by a talent service or its owners, directors, officers, agents, and employees, including the failure to remove information about, or photographs of, an artist displayed on the talent services Internet Web site or an Internet 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 email from the artist or from a parent or guardian of the artist if the artist is a minor. If the talent service offers to display information about, or a photograph of, an artist on the services Internet Web site, existing law requires a contract between an artist and a talent service to contain a notice that the talent service will remove the content within 10 days of a request by the artist or the artists parent or guardian, if a minor. A willful violation of those prohibitions is a crime.
This bill would prohibit these specific activities or omissions of a talent service, its owners, directors, officers, agents, and employees through any means of communication. The bill would extend the prohibition of the failure to remove an artists information or photographs to those displayed on an online service, online application, or mobile application of the talent service or one that the talent service has the authority to design or alter and would require the talent service to also act on requests to remove information or photographs made by text message or other electronic communication. The bill would expand the above-described notice requirement to contracts in which the talent service offers to display information about, or a photograph of, an artist on the services online service, online application, or mobile application. Because a violation of these provisions would be a crime under certain circumstances, the bill 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.
Existing law regulates the licensing and operation of talent services within the entertainment industry. Existing law prohibits specific activities or omissions by a talent service or its owners, directors, officers, agents, and employees, including the failure to remove information about, or photographs of, an artist displayed on the talent services Internet Web site or an Internet 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 email from the artist or from a parent or guardian of the artist if the artist is a minor. If the talent service offers to display information about, or a photograph of, an artist on the services Internet Web site, existing law requires a contract between an artist and a talent service to contain a notice that the talent service will remove the content within 10 days of a request by the artist or the artists parent or guardian, if a minor. A willful violation of those prohibitions is a crime.
This bill would prohibit these specific activities or omissions of a talent service, its owners, directors, officers, agents, and employees through any means of communication. The bill would extend the prohibition of the failure to remove an artists information or photographs to those displayed on an online service, online application, or mobile application of the talent service or one that the talent service has the authority to design or alter and would require the talent service to also act on requests to remove information or photographs made by text message or other electronic communication. The bill would expand the abovedescribed above-described notice requirement to contracts in which the talent service offers to display information about, or a photograph of, an artist on the services online service, online application, or mobile application. Because a violation of these provisions would be a crime under certain circumstances, the bill 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.
Existing law regulates the licensing and operation of talent services within the entertainment industry. Existing law prohibits specific activities or omissions by a talent service or its owners, directors, officers, agents, and employees, including the failure to remove information about, or photographs of, an artist displayed on the talent services Internet Web site or an Internet 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. If the talent service offers to display information about, or a photograph of, an artist on the services Internet Web site, existing law requires a contract between an artist and a talent service to contain a notice that the talent service will remove the content within 10 days of a request by the artist or the artists parent or guardian, if a minor. A willful violation of those prohibitions is a crime.
This bill would specify that an Internet Web site includes a computer application program, extend the prohibition of the failure to remove an artists information or photographs to those displayed on an online service, online application, or mobile application of the talent service or one that the talent service has the authority to design or alter and would require the talent service to also remove act on requests to remove information or photographs made by text message. message or other electronic communication. The bill would expand the abovedescribed notice requirement to contracts in which the talent service offers to display information about, or a photograph of, an artist on the services online service, online application, or mobile application. Because a violation of these provisions would be a crime under certain circumstances, the bill 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.
Existing law regulates the licensing and operation of talent services within the entertainment industry. Existing law prohibits specific activities or omissions by a talent service or its owners, directors, officers, agents, and employees, including the failure to remove information about, or photographs of, an artist displayed on the talent services Internet Web site or an Internet 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. A willful violation of those prohibitions is a crime.
This bill would specify that an Internet Web site includes a computer application program, and would require the talent service to also remove requests made by text message. Because a violation of these provisions would be a crime under certain circumstances, the bill 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.
(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), email 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 artists 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), email 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: (email 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 services Internet Web site, online service, online application, or mobile application or on a Web site, online service, online application, or mobile application 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 artists parent or guardian. The contract shall include a valid telephone number, mailing address, and email 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 email if the artist designates an email 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.
SEC. 2.Section 1703.4 of the Labor Code is amended to read:1703.4.(a)A talent service, its owners, directors, officers, agents, and employees shall not do any of the following through any means of communication, including, but not limited to, in person, through the use of a telecommunication device, in print, on the Internet, or through the use of a mobile or online application or other electronic communication:
(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 services Internet Web site, online service, online application, or mobile application or an Internet Web site, online service, online application, or mobile application that the service has the authority to design or alter within 10 days of delivery of a request made by telephone, text message, mail, facsimile transmission, email, or other electronic communication 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 any 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 labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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), email 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 artists 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), email 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: (email 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 services Internet Web site, online service, online application, or mobile application or on a Web site, online service, online application, or mobile application 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 artists parent or guardian. The contract shall include a valid telephone number, mailing address, and email 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 email if the artist designates an email 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.
SEC. 2.Section 1703.4 of the Labor Code is amended to read:1703.4.(a)A talent service, its owners, directors, officers, agents, and employees shall not do any of the following through any means of communication, including, but not limited to, in person, through the use of a telecommunication device, in print, on the Internet, or through the use of a mobile or online application or other electronic communication:
(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 services Internet Web site, online service, online application, or mobile application or an Internet Web site, online service, online application, or mobile application that the service has the authority to design or alter within 10 days of delivery of a request made by telephone, text message, mail, facsimile transmission, email, or other electronic communication 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 any 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 labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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 email 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 artists 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 email 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 (email 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 services Internet Web site, online service, online application, or mobile application or on a Web site, online service, online application, or mobile application 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 artists parent or guardian. The contract shall include a valid telephone number, mailing address, and e-mail email 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 email if the artist designates an e-mail email 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.
SEC. 2.Section 1703.4 of the Labor Code is amended to read:1703.4.(a)A talent service, its owners, directors, officers, agents, and employees shall not do any of the following: following through any means of communication, including, but not limited to, in person, through the use of a telecommunication device, in print, on the Internet, or through the use of a mobile or online application or other electronic communication:
(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 services Internet Web site, online service, online application, or mobile application or an Internet Web site, online service, online application, or mobile application that the service has the authority to design or alter within 10 days of delivery of a request made by telephone, text message, mail, facsimile transmission, electronic mail, email, or other electronic communication 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 any 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 labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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 artists 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 services Internet Web site, online service, online application, or mobile application or on a Web site site, online service, online application, or mobile application 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 artists 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.
SECTION 1.SEC. 2.Section 1703.4 of the Labor Code is amended to read: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 services Internet Web site site, online service, online application, or mobile application or an Internet Web site site, online service, online application, or mobile application that the service has the authority to design or alter, including, but not limited to, a computer application program, alter within 10 days of delivery of a request made by telephone, text message, mail, facsimile transmission, or electronic mail electronic mail, or other electronic communication 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 any 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 labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service.
SEC. 2.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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 services Internet Web site, site or a an Internet Web site that the service has the authority to design or alter, including, but not limited to, a computer application program, within 10 days of delivery of a request made by telephone, text message, 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 any 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 labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4787.) |
| Aug 30, 2016 | Chaptered by Secretary of State - Chapter 245, Statutes of 2016. |
| Aug 30, 2016 | Approved by the Governor. |
| Aug 22, 2016 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 16, 2016 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 15, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). |
| Aug 15, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4956.). |
| Aug 15, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Jun 28, 2016 | Read second time. Ordered to third reading. |
| Jun 27, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jun 8, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 8). Re-referred to Com. on APPR. |
| May 19, 2016 | Referred to Com. on L. & I.R. |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.) |
| Feb 17, 2016 | Read first time. To print. |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 12, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 5, 2016 | Read second time. Ordered to Consent Calendar. |
| May 4, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 4). |
| Apr 19, 2016 | Re-referred to Com. on APPR. |
| Apr 18, 2016 | Read second time and amended. |
| Apr 14, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 12). |
| Apr 6, 2016 | From committee: Do pass and re-refer to Com. on A.,E.,S.,T., & I.M. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 5). Re-referred to Com. on A.,E.,S.,T., & I.M. |
| Mar 29, 2016 | Re-referred to Com. on P. & C.P. |
| Mar 28, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended. |
| Feb 29, 2016 | Referred to Coms. on P. & C.P. and A.,E.,S.,T., & I.M. |
| Feb 18, 2016 | From printer. May be heard in committee March 19. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 15, 2016 | Assembly 3rd Reading AB2068 Holden By Mitchell | Senate Floor |
Passed |
|
| Jun 8, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Labor and Industrial Relations |
Passed |
|
| May 12, 2016 | AB 2068 HOLDEN Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 4, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Arts, Entertainment, Sports, Tourism, and Internet Media |
Passed |
|
| Apr 5, 2016 | Do pass and be re-referred to the Committee on [Arts, Entertainment, Sports, Tourism, and Internet Media] with recommendation: To Consent Calendar | Assembly Standing Committee on Privacy and Consumer Protection |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AFTRA | ** Support | Jun 8, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2068
:
SENATE LABOR & IND. REL. COMMITTEE: 4-0, 6/8/16
AYES: Mendoza, Stone, Leno, Mitchell
NO VOTE RECORDED: Jackson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for vote
DIGEST: This bill updates existing communication and contractual protections in the Talent Services Act to include new technologies, such as the mobile applications.
Existing law:
- Defines “talent services” to include “talent counseling services” which provide career counseling, vocational guidance, aptitude testing or career evaluation for artists; “talent listing services” which provide lists of auditions and employment opportunities for artists; and “talent training services” which provide lessons, coaching, seminars, workshops, and similar training to artists. (Labor Code §1701)
- Defines a “talent agency” as 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. This may include counseling or directing artists in the development of their professional careers. (Labor Code §1700.4)
- Defines “artists” as actors and actresses rendering services on the legitimate stage and in 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. (Labor Code §1700.4)
- Provides for a licensure process for talent agents who wish to represent artists. This includes registration fees and requirements to obtain a license, bond requirements, fee schedule requirements, recordkeeping requirements, and restrictions on contracts with artists. (Labor Code §§ 1700.5 to 1700.45)
- Requires a talent service under contract with an artist that lists or displays information about the artist, including a photograph on the service’s website – or on a website that the service has authority to design or alter – to include in the artist’s contract a provision that gives the artist the right to request removal of the artist’s listing and content (including photographs). (Labor Code §1703)
- Requires talent services under contract with an artist to remove information about and photographs of the artist displayed on the talent service’s Web site – or on a Web site that the service has authority to design or alter –within 10 days of a request from the artist, or the artist’s parent or guardian if the artist is a minor. (Labor Code §1703.4)
This bill:
- Updates the contract protections for an artist’s information or image to explicitly include information or images posted on online service, online application, or mobile application or on a Web site, online service, online application, or mobile application.
- Updates the communication and advertisement protections between talent agencies and artists by explicitly including communication of in person, through the use of a telecommunication device, in print, on the Internet, or through the use of a mobile or online application or other electronic communication.
- Adds “text message” and other “electronic communication” to the list of methods by which an artist may request removal of photographs and other information about the artist from a Web site, online service, online application, or mobile application owned or serviced by the talent service.
- Makes additional technical amendments.
Comments
Need for this bill? According to the author’s office, many talent agencies are encouraging their clients to download specific mobile apps, such as “What’s App,” onto their smart phone in order to communicate with the talent service. As the statutes in question have not been amended since 2009-2010, these applications were not mentioned in statute. As such, the author notes that, if an artist decides to quit the talent service and requests to have information and photos removed from the service’s mobile application, the service is not obligated to do so under current law, because current law only requires a talent service to remove content and photos from the “website” maintained by the agency.
AB 2068 updates the Talent Service Act to include new technologies, such as mobile applications, and ensures that existing contractual and communication protections are extended to new technologies.
Prior Legislation
AB 1319 (Krekorian, Chapter 286, Statutes of 2009) revises and recasts laws regulating talent services and requires talent services to remove artist information and photos from talent agency owned or controlled Web sites within 10 days of a request by the artist.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Screen Actors Guild-American Federation of Television and Radio Artists,
AFL-CIO
OPPOSITION: (Verified 6/27/16)
None received
ARGUMENTS IN SUPPORT: SAG-AFTRA, also known as the Screen Actors Guild-American Federation of Television and Radio Artists, is in support of AB 2068. Specifically, SAG-AFTRA notes that the Talent Services Act is designed to protect artists from unscrupulous talent agents. These protections, particularly for young artists, are of key importance. SAG-AFTRA notes that existing law requires that images and information must be removed from a talent agency’s Web site within 10 days of a request, but existing law is silent on new technologies, such as mobile applications. SAG-AFTRA argues AB 2068 addresses this oversight by updating existing law and carrying important protections into the mobile era.
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer
6/29/16 15:46:00
**** END ****
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 2068 Hearing Date: June 8, 2016
Author: | Holden | ||
Version: | April 18, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Gideon Baum | ||
Subject: Talent services
KEY ISSUE
Should the Legislature update existing communication and contractual protections in the Talent Services Act to include new technologies, such as the mobile applications?
ANALYSIS
Existing law:
- Defines “talent services” to include “talent counseling services” which provide career counseling, vocational guidance, aptitude testing or career evaluation for artists; “talent listing services” which provide lists of auditions and employment opportunities for artists; and “talent training services” which provide lessons, coaching, seminars, workshops, and similar training to artists. (Labor Code §1701)
- Defines a “talent agency” as 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. This may include counseling or directing artists in the development of their professional careers. (Labor Code §1700.4)
- Defines “artists” as actors and actresses rendering services on the legitimate stage and in 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. (Labor Code §1700.4)
- Provides for a licensure process for talent agents who wish to represent artists. This includes registration fees and requirements to obtain a license, bond requirements, fee schedule requirements, recordkeeping requirements, and restrictions on contracts with artists. (Labor Code §§ 1700.5 to 1700.45)
- Requires a talent service under contract with an artist that lists or displays information about the artist, including a photograph on the service’s website – or on a website that the service has authority to design or alter – to include in the artist’s contract a provision that gives the artist the right to request removal of the artist’s listing and content (including photographs). (Labor Code §1703)
- Requires talent services under contract with an artist to remove information about and photographs of the artist displayed on the talent service’s website – or on a website that the service has authority to design or alter –within 10 days of a request from the artist, or the artist’s parent or guardian if the artist is a minor. (Labor Code §1703.4)
This bill:
- Updates the contract protections for an artist’s information or image to explicitly include information or images posted on online service, online application, or mobile application or on a Web site, online service, online application, or mobile application.
- Updates the communication and advertisement protections between talent agencies and artists by explicitly including communication of in person, through the use of a telecommunication device, in print, on the Internet, or through the use of a mobile or online application or other electronic communication.
- Adds “text message” and other “electronic communication” to the list of methods by which an artist may request removal of photographs and other information about the artist from a website, online service, online application, or mobile application owned or serviced by the talent service.
- Makes additional technical amendments.
COMMENTS
1. Need for this bill?
According to the author’s office, many talent agencies are encouraging their clients to download specific mobile apps, such as 'What’s App,' onto their smart phone in order to communicate with the talent service. As the statutes in question have not been amended since 2009-2010, these applications were not mentioned in statute. As such, the author notes that, if an artist decides to quit the talent service and requests to have information and photos removed from the service’s mobile application, the service is not obligated to do so under current law, because current law only requires a talent service to remove content and photos from the “website” maintained by the agency.
AB 2068 updates the Talent Service Act to include new technologies, such as mobile applications, and ensures that existing contractual and communication protections are extended to new technologies.
2. Proponent Arguments:
SAG-AFTRA, also known as the Screen Actors Guild-American Federation of Television and Radio Artists, is in support of AB 2068. Specifically, SAG-AFTRA notes that the Talent Services Act is designed to protect artists from unscrupulous talent agents. These protections, particularly for young artists, are of key importance. SAG-AFTRA notes that existing law requires that images and information must be removed from a talent agency’s website within 10 days of a request, but existing law is silent on new technologies, such as mobile applications. SAG-AFTRA argues AB 2068 addresses this oversight by updating existing law and carrying important protections into the mobile era.
3. Prior Legislation:
AB 1319 (Krekorian), Chapter 286, Statutes of 2009, revises and recasts laws regulating talent services and requires talent services to remove artist information and photos from talent agency owned or controlled websites within 10 days of a request by the artist.
SUPPORT
The Screen Actors Guild-American Federation of Television and Radio Artists, AFL-CIO
OPPOSITION
-- END --
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2068
Author:(Holden) – As Amended Ver:April 18, 2016
Policy Committee: | Privacy and Consumer Protection | Vote: | 11 - 0 |
Arts, Entertainment, Sports, Tourism, and Internet Media | 7 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill:
- Expands an existing provision—requiring talent services that post information about artists under contract via the service's website remove photographs and other artist information from those locations upon an artist’s request within 10 days—to also include such information if posted through online services, online applications, and mobile applications.
- Expands the means by which an artist may make the above request to include text messaging or other electronic communication.
FISCAL EFFECT:
As violations of Labor Code provisions governing talent service agencies is a misdemeanor, subject to imprisonment in county jail for up to one year and/or a fine of up to $10,000, potential minor reimbursable costs to cities and counties for enforcement of the above requirements, offset to some extent by fine revenues.
COMMENTS:
Purpose. This bill is intended to help artists in their relations with talent agencies by clarifying that a takedown request for the artist's photos and information extends to a wide variety of computer applications, and that the request may be made by text message. This measure is author-sponsored and has no known opposition.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND INTERNET MEDIA
Kansen Chu, Chair
ABPCA Bill Id:AB 2068 (
Author:Holden) – As Amended Ver:March 28, 2016
SUBJECT: Talent services.
SUMMARY: Requires talent services that post information about artists under contract via specified online and mobile platforms to remove photographs and other artist information from those locations upon an artist’s request within 10 days.
Specifically, this bill:
- Requires a talent service under contract with an artist that lists or displays information about the artist, including a photograph on the service’s online service, online application, or mobile application – or on an online service, online application, or mobile application that the service has authority to design or alter – to include in the artist’s contract a provision that gives the artist the right to request removal of the artist’s listing and content within 10 days.
- Requires a talent service under contract with an artist to remove information about, and photographs of, the artist displayed on the talent service’s online service, online application, or mobile application – or on an online service, online application, or mobile application that the service has authority to design or alter – within 10 days of a request from the artist, or the artist’s parent or guardian if the artist is a minor.
- Adds “text message” and other “electronic communication” to the list of methods by which an artist may request removal of photographs and other information about the artist from a website, online service, online application, or mobile application owned or serviced by the talent service.
- Makes a technical, clarifying amendment.
EXISTING LAW:
- Defines “talent services” to include “talent counseling services” which provide career counseling, vocational guidance, aptitude testing or career evaluation for artists; “talent listing services” which provide lists of auditions and employment opportunities for artists; and “talent training services” which provide lessons, coaching, seminars, workshops, and similar training to artists. (Labor Code Section (LC) 1701)
- Regulates the licensing and operation of talent services within the entertainment industry, including prohibiting advance fee talent services, mandating certain contract provisions, such as a right of cancellation, regulating the fees to be charged for services, specifying records to be maintained by talent services, establishing bonding requirements, and specifying remedies for violation of these provisions. (LC 1701, et seq.)
- Requires a talent service under contract with an artist that lists or displays information about the artist, including a photograph on the service’s website – or on a website that the service has authority to design or alter – to include in the artist’s contract a provision that gives the artist the right to request removal of the artist’s listing and content (including photographs). (LC 1703)
- Requires talent services under contract with an artist to remove information about and photographs of the artist displayed on the talent service’s website – or on a website that the service has authority to design or alter –within 10 days of a request from the artist, or the artist’s parent or guardian if the artist is a minor. (LC 1703.4)
- Makes violation of the laws governing talent service a misdemeanor punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding ten thousand dollars ($10,000), or both. (LC 1704)
- Authorizes the Attorney General, a district attorney, or a city attorney to bring an action for a violation of the laws governing talent services. (LC 1704.1)
- Authorizes a person injured by a violation of the laws governing talent services to bring an action to recover damages or enjoin a violation, or both, and awards a prevailing plaintiff reasonable attorney’s fees and costs. (LC 1704.2)
- Exempts certain entities from the above provisions, including public educational institutions, non-profit corporations that meet specified requirements, labor organizations, bona fide journalism publications, and public institutions. (LC 1702.4)
FISCAL EFFECT: Unknown
COMMENTS:
- Author's statement of need for legislation: modernize Labor Code provisions regarding talent service agencies. According to the author's office, “The evolution of the digital age has created the convenience of having a smartphone to function like a computer and expanded the possibilities for individuals to communicate with one another through mobile and online digital applications. Assembly Bill 2068 makes a technical change to update the law to accommodate these newer forms of technology.
As noted in the Assembly Committee on Privacy & Consumer Protection analysis of this measure, "Many talent service agencies encourage their clients to download specific mobile apps, such as 'What’s App,' onto their smart phone in order to communicate with the talent service. In addition, some talent services have a company-owned mobile app, where information and photos of artists are posted. If an artist decides to quit the talent service and requests to have information and photos removed from the service’s mobile application, the service is not obligated to do so under current law, because current law only requires a talent service to remove content and photos from the “website” maintained by the agency.
"This bill updates the talent service laws to accommodate new technologies, such as mobile apps and online services that are not on the Internet as websites. The bill applies the same 10-day deadline that currently applies to the removal of website content and photos to the removal of content and photos from mobile apps and online services.
"The bill also updates current law to allow artists to submit requests for removal of content and photos by text message or other electronic communication. Current law only permits requests for removal to be submitted by phone, mail, fax, or email specifically. By adding the term “other electronic communication” the author intends to capture other forms of electronic messaging."
- Committee comment: As currently drafted AB 2068 is a technical measure which modernizes certain remedies but does not expand the scope of the Krekorian Act. As a recent investigative series makes clear, talent service scams remain a problem despite existing laws to prevent them. According to the Los Angeles Times investigative reporting series (“Selling Stardom,” Los Angeles Times, December 2015) very few cases have been prosecuted under California’s laws, with only two cases brought since 2010. The Times reports, at least 10 “talent listing firms” are doing business in Los Angeles County and require upfront fees of up to $600 and ongoing monthly fees of $20 - $40 for aspiring actors, models, and other artists. While this bill does not solve the apparent enforcement issue, the author contends the law needs to be updated so that it applies not only to talent agencies that operate websites, but also to agencies that operate mobile applications (mobile apps).
As noted above, AB 2068 provides the ability for a person who wishes to end their relationship with a talent service to request their information be removed from an expanded list of online and mobile platforms, and provides that the request may be made through use of text or electronic messaging. Recent press reports have misunderstood the scope of the bill and have suggested that the measure has expanded the enforcement of the Talent Services Scam laws. For instance, this from Deadline Hollywood, "AB 2068, known as the Talent Agent Scam Prevention Bill, updates the 2009 Krekorian Talent Scam Prevention Act by making it illegal for agents to charge clients for classes and promises of employment through solicitations over the Internet and via mobile devices." (Deadline Hollywood, California Talent Agent Scam Prevention Bill Clears First Hurdle, March, 2016). Daily Variety wrote of the bill, "The bill updates the talent service laws to include mobile apps and online services that are not on the internet as websites." Noting, "Some agents and managers have websites where they charge actors to submit online for representation and even for projects they are supposedly producing… (passage of) this bill should help the State of California crack down on talent scams affecting children and adults and gives teeth to AB 1319 — the Krekorian Talent Scam Prevention Act." (Daily Variety, California Moves to Tighten Rules on Talent Agent Scams, March, 2016).
Should the author wish to amend his measure to accomplish this stated goal of expanding the application of the Krekorian Act to cover all media, the committee offers the following language to amend section 1703.4 (a) (prohibited acts) to clarify the scope of the Act:
1703.4(a): A talent service, its owners, directors, officers, agents, and employees shall not do any of the following through any means of communication, including but not limited to in person, through use of a telecommunication device, in print, on the Internet, or through use of a mobile or online application or other electronic communication:
- Prior and related legislation.
- AB 1687 (Calderon) Legislation of 2016, would prohibit a commercial online entertainment employment service provider, as defined, that enters into an agreement to provide certain employment services from publishing or sharing information about the subscriber’s age as specified, and would require the provider to remove any information regarding the subscriber’s age from any Internet website under the provider’s control if requested by the subscriber. This measure is currently pending before the committee.
- AB 984 (Calderon) Legislation of 2015, would have prohibited employers from using age and birthdate information found online, as specified, to discriminate against job applicants. Status: Held in the Assembly Appropriations Committee.
- AB 1319 (Krekorian), Chapter 286, Statutes of 2009, revised and recast laws regulating talent services and required talent services to remove artist information and photos from talent agency owned or controlled websites within 10 days of a request by the artist.
- SB 1687 (Murray), Chapter 288, Statutes of 2004, closed a loophole for those who charge up-front fees for photographs or “casting kits” while indicating that these services will lead to employment.
- 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.
- AB 884 (Kuehl), Chapter 626, Statutes of 1999, regulated advanced fee talent services.
REGISTERED SUPPORT / OPPOSITION:
Support
SAG/AFTRA
Opposition
There is no opposition on file.
Analysis Prepared by: Dana Mitchell / A.,E.,S.,T., & I.M. / (916) 319-3450
Date of Hearing: April 5, 2016
ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION
Ed Chau, Chair
ABPCA Bill Id:AB 2068 (
Author:Holden) – As Amended Ver:March 28, 2016
SUBJECT: Talent services
SUMMARY: Requires talent services that post information about artists under contract via online services, online applications, and mobile applications, to remove photographs and other artist information from those locations upon an artist’s request within 10 days. Specifically, this bill:
- Requires a talent service under contract with an artist that lists or displays information about the artist, including a photograph on the service’s online service, online application, or mobile application – or on an online service, online application, or mobile application that the service has authority to design or alter – to include in the artist’s contract a provision that gives the artist the right to request removal of the artist’s listing and content within 10 days.
- Requires a talent service under contract with an artist to remove information about, and photographs of, the artist displayed on the talent service’s online service, online application, or mobile application – or on an online service, online application, or mobile application that the service has authority to design or alter – within 10 days of a request from the artist, or the artist’s parent or guardian if the artist is a minor.
- Adds “text message” and other “electronic communication” to the list of methods by which an artist may request removal of photographs and other information about the artist from a website, online service, online application, or mobile application owned or serviced by the talent service.
- Makes a technical, clarifying amendment.
EXISTING LAW:
- Defines “talent services” to include “talent counseling services” which provide career counseling, vocational guidance, aptitude testing or career evaluation for artists; “talent listing services” which provide lists of auditions and employment opportunities for artists; and “talent training services” which provide lessons, coaching, seminars, workshops, and similar training to artists. (Labor Code Section (LC) 1701)
- Regulates the licensing and operation of talent services within the entertainment industry, including prohibiting advance fee talent services, mandating certain contract provisions, such as a right of cancellation, regulating the fees to be charged for services, specifying records to be maintained by talent services, establishing bonding requirements, and specifying remedies for violation of these provisions. (LC 1701, et seq.)
- Requires a talent service under contract with an artist that lists or displays information about the artist, including a photograph on the service’s website – or on a website that the service has authority to design or alter – to include in the artist’s contract a provision that gives the artist the right to request removal of the artist’s listing and content (including photographs). (LC 1703)
- Requires talent services under contract with an artist to remove information about and photographs of the artist displayed on the talent service’s website – or on a website that the service has authority to design or alter –within 10 days of a request from the artist, or the artist’s parent or guardian if the artist is a minor. (LC 1703.4)
- Makes violation of the laws governing talent service a misdemeanor punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding ten thousand dollars ($10,000), or both. (LC 1704)
- Authorizes the Attorney General, a district attorney, or a city attorney to bring an action for a violation of the laws governing talent services. (LC 1704.1)
- Authorizes a person injured by a violation of the laws governing talent services to bring an action to recover damages or enjoin a violation, or both, and awards a prevailing plaintiff reasonable attorney’s fees and costs. (LC 1704.2)
- Exempts certain entities from the above provisions, including public educational institutions, non-profit corporations that meet specified requirements, labor organizations, bona fide journalism publications, and public institutions. (LC 1702.4)
FISCAL EFFECT: Unknown
COMMENTS:
- Purpose of this bill. This bill is intended to help artists in their relations with talent agencies by clarifying that a takedown request for the artist's photos and information extends to a wide variety of computer applications, and that the request may be made by text message. This measure is author-sponsored.
- Author’s statement. According to the author's office, “With the unprecedented popularity of reality television and social media sites such as YouTube, Instagram, Tumblr, and others, the quest for instant stardom has become prevalent between all ages, especially teens and young adults. The evolution of the digital age created the convenience of having a smartphone to function like a computer and expanded the possibilities for individuals to communicate with one another. Assembly Bill 2068 makes a technical change to update the law to accommodate newer forms of technology and protect aspiring artists when communicating with talent agencies.”
- California’s history of regulating talent services. Over the last several decades, the Legislature has passed laws safeguarding artists against fraud, deceit, and unfair dealing by talent scouts and talent agencies offering their services to aspiring entertainers. More recently, in 2009 the Legislature passed the Krekorian Talent Scam Prevention Act (AB 1319 (Krekorian), Chapter 286, Statutes of 2009) which, among other things, banned agents from charging upfront fees and gave artists new contract rights, including the right to have their information and photos removed from talent service websites.
However, according to a recent Los Angeles Times investigative reporting series (“Selling Stardom,” Los Angeles Times, December 2015) very few cases have been prosecuted under California’s laws, with only two cases brought since 2010. According to the Times, at least 10 “talent listing firms” are doing business in Los Angeles County and require upfront fees of up to $600 and ongoing monthly fees of $20 - $40 for aspiring actors, models, and other artists. While this bill does not solve the apparent enforcement issue, the author contends the law needs to be updated so that it applies not only to talent agencies that operate websites, but also to agencies that operate mobile applications (mobile apps).
- Smart phones, mobile apps, and talent service agencies. According to the author, many talent service agencies encourage their clients to download specific mobile apps, such as “What’s App,” onto their smart phone in order to communicate with the talent service. In addition, some talent services have a company-owned mobile app, where information and photos of artists are posted. If an artist decides to quit the talent service and requests to have information and photos removed from the service’s mobile application, the service is not obligated to do so under current law, because current law only requires a talent service to remove content and photos from the “website” maintained by the agency.
This bill updates the talent service laws to accommodate new technologies, such as mobile apps and online services that are not on the Internet as websites. The bill applies the same 10-day deadline that currently applies to the removal of website content and photos to the removal of content and photos from mobile apps and online services.
The bill also updates current law to allow artists to submit requests for removal of content and photos by text message or other electronic communication. Current law only permits requests for removal to be submitted by phone, mail, fax, or email specifically. By adding the term “other electronic communication” the author intends to capture other forms of electronic messaging.
- Recent Amendments. Recent amendments accepted by the author remove a potential ambiguity in the term “computer application program” by instead mirroring terms used in current privacy laws that are designed to capture Internet websites, online applications, online services and mobile apps.
- Arguments in support. Screen Actors Guild-American Federation of Television and Radio Artists, AFL-CIO (SAG-AFTRA) states in support that this bill would “protect clients from unscrupulous activities by talent services” by requiring a 10-day deadline for removal of information and photos, and that “AB 2068 would ensure that clients can communicate their wishes through text messaging and other forms of electronic communication.”
- Prior Legislation. AB 1319 (Krekorian), Chapter 286, Statutes of 2009, revised and recast laws regulating talent services and required talent services to remove artist information and photos from talent agency owned or controlled websites within 10 days of a request by the artist.
SB 1687 (Murray), Chapter 288, Statutes of 2004, closed a loophole for those who charge up-front fees for photographs or “casting kits” while indicating that these services will lead to employment.
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.
AB 884 (Kuehl), Chapter 626, Statutes of 1999, regulated advanced fee talent services.
- Double-referral. This bill was double-referred to the Assembly Arts, Entertainment, Sports, Tourism, and Internet Media Committee, where it will be heard if passed by this Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Screen Actors Guild-American Federation of Television and Radio Artists, AFL-CIO
Opposition
None on file.
Analysis Prepared by: Jennie Bretschneider / P. & C.P. / (916) 319-2200
Discussed in Hearing
7MIN
Senate Floor
4MIN
Senate Standing Committee on Labor and Industrial Relations
Bill Author
Bill Co-Author(s):