Bill Text: CA AB2068 | 2015-2016 | Regular Session | Chaptered
Bill Title: Talent services.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2016-08-30 - Chaptered by Secretary of State - Chapter 245, Statutes of 2016. [AB2068 Detail]
Download: California-2015-AB2068-Chaptered.html
BILL NUMBER: AB 2068 CHAPTERED
BILL TEXT
CHAPTER 245
FILED WITH SECRETARY OF STATE AUGUST 30, 2016
APPROVED BY GOVERNOR AUGUST 30, 2016
PASSED THE SENATE AUGUST 15, 2016
PASSED THE ASSEMBLY MAY 12, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Holden
FEBRUARY 17, 2016
An act to amend Sections 1703 and 1703.4 of the Labor Code,
relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2068, Holden. Talent services.
Existing law regulates the licensing and operation of talent
services within the entertainment industry. Existing law prohibits
specific activities or omissions by a talent service or its owners,
directors, officers, agents, and employees, including the failure to
remove information about, or photographs of, an artist displayed on
the talent service's Internet Web site or an Internet Web site that
the service has the authority to design or alter, within 10 days of
delivery of a request made by telephone, mail, facsimile
transmission, or email from the artist or from a parent or guardian
of the artist if the artist is a minor. If the talent service offers
to display information about, or a photograph of, an artist on the
service's Internet Web site, existing law requires a contract between
an artist and a talent service to contain a notice that the talent
service will remove the content within 10 days of a request by the
artist or the artist's parent or guardian, if a minor. A willful
violation of those prohibitions is a crime.
This bill would prohibit these specific activities or omissions of
a talent service, its owners, directors, officers, agents, and
employees through any means of communication. The bill would extend
the prohibition of the failure to remove an artist's information or
photographs to those displayed on an online service, online
application, or mobile application of the talent service or one that
the talent service has the authority to design or alter and would
require the talent service to also act on requests to remove
information or photographs made by text message or other electronic
communication. The bill would expand the above-described notice
requirement to contracts in which the talent service offers to
display information about, or a photograph of, an artist on the
service's online service, online application, or mobile application.
Because a violation of these provisions would be a crime under
certain circumstances, the bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1703 of the Labor Code is amended to read:
1703. (a) Every contract and agreement between an artist and a
talent service shall be in writing, in at least 10-point type, and
contain all of the following provisions:
(1) The name, address, telephone number, fax number (if any),
email address (if any), and Internet Web site address (if any), of
the talent service, the artist to whom services are to be provided,
and the representative executing the contract on behalf of the talent
service.
(2) A description of the services to be performed, a statement
when those services are to be provided, and the duration of the
contract.
(3) Evidence of compliance with applicable bonding requirements,
including the name of the bonding company and the bond number, if
any, and a statement that a bond in the amount of fifty thousand
dollars ($50,000) must be posted with the Labor Commissioner.
(4) The amount of any fees to be charged to or collected from, or
on behalf of, the artist receiving the services, and the date or
dates when those fees are required to be paid.
(5) The following statements, in boldface type and in close
proximity to the artist's signature:
""(Name of talent service) IS A TALENT
COUNSELING SERVICE, TALENT LISTING SERVICE, OR
TALENT TRAINING SERVICE (whichever is
applicable). THIS IS NOT A TALENT AGENCY
CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT
TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE
IN THE OCCUPATION OF PROCURING, OFFERING,
PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT
OR ENGAGEMENTS FOR AN ARTIST. (Name of talent
service) IS PROHIBITED BY LAW FROM OFFERING OR
ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR
YOU. IT MAY ONLY PROVIDE YOU WITH TRAINING,
COUNSELING, OR LISTING INFORMATION (whichever is
applicable). FOR MORE INFORMATION, CONSULT
CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF
PART 6 OF DIVISION 2 OF THE LABOR CODE. A
DISPUTE ARISING OUT OF THE PERFORMANCE OF
THE CONTRACT BY THE TALENT SERVICE THAT IS NOT
RESOLVED TO THE SATISFACTION OF THE ARTIST
SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS
DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS
APPROPRIATE.
YOUR RIGHT TO CANCEL
(enter date of transaction)
You may cancel this contract and obtain a full
refund, without any penalty or obligation, if
notice of cancellation is given, in writing,
within 10 business days from the above date or
the date on which you commence utilizing the
services under the contract, whichever is
longer. For purposes of this section, business
days are Monday through Friday.
To cancel this contract, mail or deliver or send
by facsimile transmission a signed and dated
copy of the following cancellation notice or any
other written notice of cancellation to (name of
talent service) at (address of its place of
business), fax number (if any), email address
(if any), and Internet Web site address (if
any), NOT LATER THAN MIDNIGHT OF (date). If the
contract was executed in part or in whole
through the Internet, you may cancel the
contract by sending the notification to: (email
address).
CANCELLATION NOTICE
I hereby cancel this contract.
Dated:
Artist Signature.
If you cancel, all fees you have paid must be
refunded to you within 10 business days after
delivery of the cancellation notice to the
talent service.''
(6) A statement conspicuously disclosing whether the artist may or
may not obtain a refund after the 10-day cancellation period
described in paragraph (5) has expired.
(b) Except for contracts executed over the Internet, a contract
subject to this section shall be dated and signed by the artist and
the representative executing the contract on behalf of the talent
service. In the case of a contract executed over the Internet, the
talent service shall give the artist clear and conspicuous notice of
the contract terms and provide to the artist the ability to
acknowledge receipt of the terms before acknowledging agreement
thereto. In any dispute regarding compliance with this subdivision,
the talent service shall have the burden of proving that the artist
received the terms and acknowledged agreement thereto.
(c) If the talent service offers to list or display information
about an artist, including a photograph, on the service's Internet
Web site, online service, online application, or mobile application
or on a Web site, online service, online application, or mobile
application that the talent service has authority to design or alter,
the contract shall contain a notice that the talent service will
remove the listing and content within 10 days of a request by the
artist or, in the case of a minor, the artist's parent or guardian.
The contract shall include a valid telephone number, mailing address,
and email address for the talent service to which a request for
removal may be made.
(d) A contract between an artist and a talent service shall be
contained in a single document that includes the elements set forth
in this section. A contract subject to this section that does not
comply with subdivisions (a) to (f), inclusive, is voidable at the
election of the artist and may be canceled by the artist at any time
without any penalty or obligation.
(e) (1) An artist may cancel a contract or within 10 business days
from the date he or she commences utilizing the services under the
contract. An artist shall notify the talent service of the
cancellation for talent services within 10 business days of the date
he or she executed the contract by mailing, delivering, or sending by
facsimile transmission to the talent service, a signed and dated
copy of the cancellation notice or any other written notice of
cancellation, or by sending a notice of cancellation via the Internet
if the contract was executed in part or in whole through the
Internet. A talent service shall refund all fees paid by, or on
behalf of, an artist within 10 business days after delivery of the
cancellation notice.
(2) Unless a talent service conspicuously discloses in the
contract that cancellation is prohibited after the 10-day
cancellation period described in paragraph (1), an artist may cancel
a contract for talent services at any time after the 10-day
cancellation period by mailing, delivering, or sending by facsimile
transmission to the talent service a signed and dated copy of the
cancellation notice or any other written notice of cancellation, or
by sending a notice of cancellation via the Internet if the contract
was executed in part or in whole through the Internet. Within 10
business days after delivery of the cancellation notice, the talent
service shall refund to the artist on a pro rata basis all fees paid
by, or on behalf of, the artist.
(f) A contract between an artist and a talent service shall have a
term of not more than one year and shall not be renewed
automatically.
(g) The talent service shall maintain the address set forth in the
contract for receipt of cancellation and for removal of an Internet
Web site or other listing, unless it furnishes the artist with
written notice of a change of address. Written notice of a change of
address may be done by email if the artist designates an email
address in the contract for purposes of receiving written notice.
(h) The talent service shall advise a person inquiring about
canceling a contract to follow the written procedures for
cancellation set forth in the contract.
(i) Before the artist signs a contract and before the artist or
any person acting on his or her behalf becomes obligated to pay or
pays any fee, the talent service shall provide a copy of the contract
to the artist for the artist to keep. If the contract was executed
through the Internet, the talent service may provide a copy of the
contract to the artist by making it available to be downloaded and
printed through the Internet.
(j) The talent service shall maintain the original executed
contract on file at its place of business.
SEC. 2. Section 1703.4 of the Labor Code is amended to read:
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 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.
(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.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
