California Labor Code 1703.4 – (a) A talent service, its owners, directors, officers, agents, …
(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 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:
(1) Make or cause to be made any advertisement or representation expressly or impliedly offering the opportunity for an artist to meet with or audition before any producer, director, casting director, or any associate thereof, or any other person who makes, or is represented to make, decisions for the process of hiring artists for employment as an artist, or any talent agent or talent manager, or any associate, representative, or designee thereof, unless the talent service maintains for inspection and copying written evidence of the supporting facts, including the name, business address, and job title of all persons conducting the meeting or audition, and the title of the production and the name of the production company.
Terms Used In California Labor Code 1703.4
- Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
- Contract: A legal written agreement that becomes binding when signed.
- Director: means Director of Industrial Relations. See California Labor Code 20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
(2) Make or cause to be made any advertisement or representation that any artist, whether identified or not, has obtained an audition, employment opportunity, or employment as an artist in whole or in part by use of the talent service unless the talent service maintains for inspection written evidence of the supporting facts upon which the claim is based, including the name of the artist and the approximate dates the talent service was used by the artist.
(3) Charge or attempt to charge an artist for an audition or employment opportunity.
(4) Require an artist, as a condition for using the talent service or for obtaining an additional benefit or preferential treatment from the talent service, to pay a fee for creating or providing photographs, filmstrips, videotapes, audition tapes, demonstration reels, or other reproductions of the artist, Internet Web sites, casting or talent brochures, or other promotional materials for the artist.
(5) Charge or attempt to charge an artist any fee not disclosed pursuant to paragraph (4) of subdivision (a) of Section 1703.
(6) Refer an artist to a person who charges the artist a fee for any service or any product in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest, unless the fee and the financial interest are conspicuously disclosed in a separate writing provided to the artist to keep prior to his or her execution of the contract with the talent service.
(7) Require an artist, as a condition for using a talent service or for obtaining any additional benefit or preferential treatment from the talent service, to pay a fee to any other talent service in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest.
(8) Accept any compensation or other consideration for referring an artist to any person charging the artist a fee.
(9) Fail to remove information about, or photographs of, the artist displayed on the talent service’s Internet Web site, online service, online application, or mobile application or an Internet Web site, online service, online application, or mobile application that the service has the authority to design or alter within 10 days of delivery of a request made by telephone, text message, mail, facsimile transmission, email, or other electronic communication from the artist or from a parent or guardian of the artist if the artist is a minor.
(b) A talent training service and talent counseling service and the owners, officers, directors, agents, and employees of the talent training service or talent counseling service shall not own, operate, or have a direct or indirect financial interest in a talent listing service.
(c) A talent listing service and its owners, officers, directors, agents, and employees shall not do any of the following:
(1) Own, operate, or have a direct or indirect financial interest in a talent training service or a talent counseling service.
(2) Provide a listing of an audition, job, or employment opportunity without written permission for the listing. A talent listing service shall keep and maintain a copy of all original listings; the name, business address, and business telephone number of the person granting permission to the talent listing service to use the listing; and the date the permission was granted.
(3) Make or cause to be made an advertisement or representation that includes the trademark, logo, name, word, or phrase of a company or organization, including a studio, production company, network, broadcaster, talent agency licensed pursuant to Section 1700.5, labor union, or labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service.
(Amended by Stats. 2016, Ch. 245, Sec. 2. (AB 2068) Effective January 1, 2017.)