BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2068


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          Date of Hearing:  April 5, 2016


                ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION


                                   Ed Chau, Chair


          AB 2068  
          (Holden) - As Amended 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: 


          1)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. 


          2)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  








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            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.  


          3)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.  


          4)Makes a technical, clarifying amendment.


          EXISTING LAW:  


          1)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)



          2)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.)










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          3)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)



          4)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)



          5)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)



          6)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)



          7)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)









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          8)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:  


           1)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.   



           2)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."

           3)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  








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            (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).



           4)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.  










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            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.



           5)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.



           6)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."
           








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          7)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.


           8)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:










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          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