BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2068


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          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  








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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









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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