BILL ANALYSIS Ó
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 2068 Hearing Date: June 8,
2016
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|Author: |Holden |
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|Version: |April 18, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Gideon Baum |
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Subject: Talent services
KEY ISSUE
Should the Legislature update existing communication and
contractual protections in the Talent Services Act to include
new technologies, such as the mobile applications?
ANALYSIS
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 §1701)
2) Defines a "talent agency" as a person or corporation who
engages in the occupation of procuring, offering,
promising, or attempting to procure employment or
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engagements for an artist or artists. This may include
counseling or directing artists in the development of their
professional careers. (Labor Code §1700.4)
3) Defines "artists" as actors and actresses rendering
services on the legitimate stage and in the production of
motion pictures, radio artists, musical artists, musical
organizations, directors of legitimate stage, motion
picture and radio productions, musical directors, writers,
cinematographers, composers, lyricists, arrangers, models,
and other artists and persons rendering professional
services in motion picture, theatrical, radio, television
and other entertainment enterprises. (Labor Code §1700.4)
4) Provides for a licensure process for talent agents who
wish to represent artists. This includes registration fees
and requirements to obtain a license, bond requirements,
fee schedule requirements, recordkeeping requirements, and
restrictions on contracts with artists. (Labor Code §§
1700.5 to 1700.45)
5) 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). (Labor Code
§1703)
6) 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. (Labor Code
§1703.4)
This bill :
1) Updates the contract protections for an artist's
information or image to explicitly include information or
images posted on online service, online application, or
mobile application or on a Web site, online service, online
application, or mobile application.
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2) Updates the communication and advertisement protections
between talent agencies and artists by explicitly including
communication of in person, through the use of a
telecommunication device, in print, on the Internet, or
through the use of a mobile or online application or other
electronic communication.
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 additional technical amendments.
COMMENTS
1. Need for this bill?
According to the author's office, many talent agencies are
encouraging their clients to download specific mobile apps,
such as 'What's App,' onto their smart phone in order to
communicate with the talent service. As the statutes in
question have not been amended since 2009-2010, these
applications were not mentioned in statute. As such, the
author notes that, 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 updates the Talent Service Act to include new
technologies, such as mobile applications, and ensures that
existing contractual and communication protections are
extended to new technologies.
2. Proponent Arguments :
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SAG-AFTRA, also known as the Screen Actors Guild-American
Federation of Television and Radio Artists, is in support of
AB 2068. Specifically, SAG-AFTRA notes that the Talent
Services Act is designed to protect artists from unscrupulous
talent agents. These protections, particularly for young
artists, are of key importance. SAG-AFTRA notes that existing
law requires that images and information must be removed from
a talent agency's website within 10 days of a request, but
existing law is silent on new technologies, such as mobile
applications. SAG-AFTRA argues AB 2068 addresses this
oversight by updating existing law and carrying important
protections into the mobile era.
3. Prior Legislation :
AB 1319 (Krekorian), Chapter 286, Statutes of 2009, revises
and recasts laws regulating talent services and requires
talent services to remove artist information and photos from
talent agency owned or controlled websites within 10 days of a
request by the artist.
SUPPORT
The Screen Actors Guild-American Federation of Television and
Radio Artists, AFL-CIO
OPPOSITION
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