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