Bill Text: OR HB3388 | 2013 | Regular Session | Introduced

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Bill Title: Relating to talent agency services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3388 Detail]

Download: Oregon-2013-HB3388-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3585

                         House Bill 3388

Sponsored by Representative DOHERTY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits talent agency from charging individual fee or
requiring individual to pay any other compensation to talent
agency in exchange for talent agency's offer or promise to
procure, or actual services in procuring, work for individual in
media-directed occupation, except that talent agency may agree in
writing with individual for whom talent agency has procured work
that individual will pay talent agency compensation as percentage
of individual's earnings from work that talent agency procured
for individual. Provides certain exceptions.
  Prohibits talent agency from receiving fee or compensation from
or participating in fee-sharing arrangement with person that
provides ancillary services if talent agency receives fee or
compensation from or participates in arrangement with person in
exchange for advertising, publicizing person's services or
referring individual to person. Provides certain exceptions.
  Requires person that provides ancillary services to include
disclaimer in advertising or promotional materials.
  Provides that violation of Act is unlawful practice subject to
enforcement and action under Unlawful Trade Practices Act.

                        A BILL FOR AN ACT
Relating to talent agency services; creating new provisions; and
  amending ORS 646.608.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Ancillary services' means services that a talent agency or
an employee or agent of a talent agency provides to an individual
as preparation for or preliminary steps toward procuring work in
a media-directed occupation, such as taking publicity
photographs, providing classes in performance technique,
job-searching skills, job-related networking or similar or
related classes or otherwise advising or preparing the individual
to seek work in a media-directed occupation.
  (b)(A) 'Media-directed occupation' means employment as a
performer for compensation in which the performance is recorded
in an audio or visual medium that is capable of rendering,
reproducing or simulating an individual's movement or reproducing
the individual's speech or other sounds and that is intended for
broadcast, distribution or other public performance, including
but not limited to audio recordings, film and video and related,
component or derivative media and technologies.
  (B) 'Media-directed occupation' does not include employment for
compensation as a model for still photography, drawing, painting
or other visual media that do not reproduce or simulate movement.
  (c) 'Talent agency' means a person or an employee or agent of a
person that is engaged in the business of procuring or offering
to procure for another person work in a media-directed
occupation.
  (2)(a) Except as provided in paragraphs (b) and (c) of this
subsection, a talent agency may not charge an individual a fee or
require the individual to pay any other compensation to the
talent agency in exchange for the talent agency's offer or
promise to procure, or actual services in procuring, work for the
individual in a media-directed occupation.
  (b) A talent agency may agree in writing with an individual for
whom the talent agency has procured work in a media-directed
occupation that the individual will pay the talent agency
compensation in the form of a percentage of the individual's
earnings from the work that the talent agency procured for the
individual. The talent agency shall disclose the terms of the
agreement to the individual and obtain the individual's written
consent and signature before performing any services on the
individual's behalf. In disclosing the terms of the agreement,
the talent agency must specify in writing all material terms of
the agreement, including but not limited to the percentage of the
individual's income that the individual must pay the talent
agency, the number of payments the individual must make and the
length of time during which the individual is subject to the
requirement to pay the talent agency.
  (c) A talent agency may charge a fee to an individual for the
service of maintaining a website or other online publicity
materials on the individual's behalf as an aid in procuring work
for the individual in a media-directed occupation. The fee that
the talent agency charges may not exceed $100 per year.
  (3) A talent agency may charge an individual or a person that
organizes an informational workshop or seminar a fee as
compensation for the talent agency's participating in the seminar
or workshop and serving as a source of information or expertise
concerning availability of and procedures for obtaining
employment in a media-directed occupation or similar or related
information or expertise.
  (4) A talent agency may not receive any fee or compensation
from or participate in a fee-sharing arrangement with a person
that provides ancillary services if the talent agency receives
the fee or compensation from or participates in the arrangement
with the person in exchange for advertising, publicizing or
suggesting the person's services to the individual or referring
the individual to the person. For the purposes of this
subsection, a person's agreement with a talent agency to offer a
discount to an individual that the talent agency refers to the
person is not a fee, compensation or fee-sharing arrangement.
  (5) A person that offers or provides ancillary services that
consist of classes, workshops or similar career development or
preparation services shall include a disclaimer on any
advertising or other promotional materials for the classes,
workshops or career development or preparation services. The
disclaimer must be in a conspicuous location and in a typeface or
type size that sets the disclaimer apart from other text in the
advertising or promotional materials and must read substantially
as follows: + }
                                                                ________________________________________________________________

   { +  This seminar, class or workshop is for educational
purposes only and will not secure or provide opportunity for
employment in the field or representation by an agent. + }
                                                                ________________________________________________________________

   { +  (6) A talent agency's or person's violation of a
provision of this section is an unlawful practice under ORS
646.608 that is subject to enforcement under ORS 646.632 or an
action under ORS 646.638. + }
  SECTION 2. ORS 646.608, as amended by section 6, chapter 52,
Oregon Laws 2012, is amended to read:
  646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
  (a) Passes off real estate, goods or services as
 { - those - }  { +  the real estate, goods or services + } of
another.
  (b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
  (c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
  (d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
  (e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that   { - they - }  { +  the
real estate, goods or services + } do not have or that a person
has a sponsorship, approval, status, qualification, affiliation,
or connection that the person does not have.
  (f) Represents that real estate or goods are original or new if
 { - they - }  { +  the real estate or goods + } are
deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
  (g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if   { - they - }  { +
the real estate, goods or services + } are of another.
  (h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
  (i) Advertises real estate, goods or services with intent not
to provide   { - them - }  { +  the real estate, goods or
services + } as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
  (j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
  (k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
  (L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
  (m) Performs service on or dismantles any goods or real estate
when   { - not authorized by - }  the owner or apparent owner
  { - thereof - }  { +  of the goods or real estate does not
authorize the service or dismantling + }.
  (n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
  (o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon
  { - occurrence of - }  an event   { - subsequent to - }  { +
occurring after + } the time the customer enters into the
transaction.
  (p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
  (q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver   { - them - }
 { +  the real estate, goods or services + } as promised.
  (r) Organizes or induces or attempts to induce membership in a
pyramid club.
  (s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
  (t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
  (u) Engages in any other unfair or deceptive conduct in trade
or commerce.
  (v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
  (w) Manufactures mercury fever thermometers.
  (x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
  (A) Prescribed by a person licensed under ORS chapter 677; and
  (B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
  (y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
  (z) Sells or offers for sale a motor vehicle manufactured after
January 1, 2006, that contains mercury light switches.
  (aa) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
  (bb) Violates ORS 646A.070 (1).
  (cc) Violates any requirement of ORS 646A.030 to 646A.040.
  (dd) Violates the provisions of ORS 128.801 to 128.898.
  (ee) Violates ORS 646.883 or 646.885.
  (ff) Violates ORS 646.569.
  (gg) Violates the provisions of ORS 646A.142.
  (hh) Violates ORS 646A.360.
  (ii) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
  (jj) Violates ORS 646.563.
  (kk) Violates ORS 759.690 or any rule adopted pursuant thereto.
  (LL) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
  (mm) Violates ORS 646A.210 or 646A.214.
  (nn) Violates any provision of ORS 646A.124 to 646A.134.
  (oo) Violates ORS 646A.095.
  (pp) Violates ORS 822.046.
  (qq) Violates ORS 128.001.
  (rr) Violates ORS 646.649 (2) to (4).
  (ss) Violates ORS 646A.090 (2) to (4).
  (tt) Violates ORS 87.686.
  (uu) Violates ORS 646.651.
  (vv) Violates ORS 646A.362.
  (ww) Violates ORS 646A.052 or any rule adopted under ORS
646A.052 or 646A.054.
  (xx) Violates ORS 180.440 (1) or 180.486 (1).
  (yy) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
  (zz) Violates ORS 87.007 (2) or (3).
  (aaa) Violates ORS 92.405 (1), (2) or (3).
  (bbb) Engages in an unlawful practice under ORS 646.648.
  (ccc) Violates ORS 646A.365.
  (ddd) Violates ORS 98.854 or 98.858 or a rule adopted under ORS
98.864.
  (eee) Sells a gift card in violation of ORS 646A.276.
  (fff) Violates ORS 646A.102, 646A.106 or 646A.108.
  (ggg) Violates ORS 646A.430 to 646A.450.
  (hhh) Violates a provision of ORS 744.318 to 744.384, 744.991
and 744.992.
  (iii) Violates a provision of ORS 646A.702 to 646A.720.
  (jjj) Violates ORS 646A.530 30 or more days after a recall
notice, warning or declaration described in ORS 646A.530 is
issued for the children's product, as defined in ORS 646A.525,
that is the subject of the violation.
  (kkk) Violates a provision of ORS 697.612, 697.642, 697.652,
697.662, 697.682, 697.692 or 697.707.
  (LLL) Violates the consumer protection provisions of the
Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as
in effect on January 1, 2010.
  (mmm) Violates a provision of ORS 646A.480 to 646A.495.
  (nnn) Violates ORS 646A.082.
  (ooo) Violates ORS 646.647.
  (ppp) Violates ORS 646A.115.
  (qqq) Violates a provision of ORS 646A.405.
  (rrr) Violates ORS 646A.092.
  (sss) Violates a provision of ORS 646.644.
  (ttt) Violates a provision of ORS 646A.295.
  (uuu) Violates section 3, chapter 52, Oregon Laws 2012.
   { +  (vvv) Violates a provision of section 1 of this 2013
Act. + }
  (2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
  (3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
  (4) An action or suit may not be brought under subsection
(1)(u) of this section unless the Attorney General has first
established a rule in accordance with the provisions of ORS
chapter 183 declaring the conduct to be unfair or deceptive in
trade or commerce.
  (5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection (1)(xx)
of this section by a person other than a prosecuting attorney,
relief is limited to an injunction and the prevailing party may
be awarded reasonable attorney fees.
  SECTION 3.  { + Section 1 of this 2013 Act and the amendments
to ORS 646.608 by section 2 of this 2013 Act apply to contracts
related to procuring work for individuals in a media-directed
occupation that talent agencies enter into on or after the
effective date of this 2013 Act. + }
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