BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2068|
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THIRD READING
Bill No: AB 2068
Author: Holden (D)
Amended: 4/18/16 in Assembly
Vote: 21
SENATE LABOR & IND. REL. COMMITTEE: 4-0, 6/8/16
AYES: Mendoza, Stone, Leno, Mitchell
NO VOTE RECORDED: Jackson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for
vote
SUBJECT: Talent services
SOURCE: Author
DIGEST: This bill updates 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;
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"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 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
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displayed on the talent service's Web site - or on a Web site
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.
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 Web
site, online service, online application, or mobile
application owned or serviced by the talent service.
4)Makes additional technical amendments.
Comments
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
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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.
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 Web sites within 10 days of a request
by the artist.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified6/27/16)
Screen Actors Guild-American Federation of Television and Radio
Artists,
AFL-CIO
OPPOSITION: (Verified6/27/16)
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None received
ARGUMENTS IN SUPPORT: 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 Web site 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.
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,
Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer
Prepared by:Gideon L. Baum / L. & I.R. / (916) 651-1556
6/29/16 15:46:00
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