BILL ANALYSIS Ó
AB 2068
Page 1
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Kansen Chu, Chair
AB 2068
(Holden) - As Amended 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:
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
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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.
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
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provisions. (LC 1701, et seq.)
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
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prevailing plaintiff reasonable attorney's fees and costs. (LC
1704.2)
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)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.
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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."
2)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
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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
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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:
3)Prior and related legislation.
a) 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.
b) 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
AB 2068
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Appropriations Committee.
c) 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.
d) 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.
e) 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.
f) AB 884 (Kuehl), Chapter 626, Statutes of 1999, regulated
advanced fee talent services.
REGISTERED SUPPORT / OPPOSITION:
Support
SAG/AFTRA
AB 2068
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Opposition
There is no opposition on file.
Analysis Prepared by:Dana Mitchell / A.,E.,S.,T., & I.M. / (916)
319-3450