Tuesday, July 23, 2013
Music Business/Law Tips - "Manager Beware - Talent Agency Act"
Managers often have no choice but to seek employment (i.e., gigs) for their new clients who are unable to attract a licensed booking agent to handle that aspect of the artist's career. However, in California there is law known as the California Talent Agencies Act [CA Labor Code 1700, et al] whereby only a licensed talent agent is legally allowed to "solicit" and/or "procure" employment for an artist. Of course, most managers are not licensed booking agents. The penalty is severe as a management agreement can be made void and all past manager commissions required to be paid back to the artist. Artist's often use this law to try to get out of a management deal and it can work even if the manager only booked 1 gig.
The only safe way for a manager to get around the law is to work in conjunction with a licensed talent agency to help negotiate the deal, but let the agent make the initial call and finalize the deal.
Ben McLane Esq
benmclane.com
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