BILL ANALYSIS Ó
AB 2068
Page 1
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
AB 2068
Page 2
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.)
AB 2068
Page 3
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)
AB 2068
Page 4
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
AB 2068
Page 5
(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.
AB 2068
Page 6
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."
AB 2068
Page 7
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:
AB 2068
Page 8
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