Sue Basko, Lawyer For Independent Media
What is a Music Booker or Booking Agent? What is a Talent Agent and How Do I Get One? What is a Music Talent Developer? Manager vs. Agent: What’s the difference? A manager helps guide a lifetime career, but will not get work for your client. An agent is the one which gets work for the client. Procuring work is the dividing line.
In California, this is a line clearly drawn in law, backed up by Labor Table instances that are surprising and counterintuitive relatively. Music managers who did well for his or her clients, doing things at their request, later found themselves the main topic of proceedings designed to take their earnings from them. In this article, I discuss managers being unregulated.
Managers are governed in the sense that they can not engage in the actions reserved for agents. For more info, See: What is a Talent Agent and How Do I Get One? Under California legislation, a realtor must be certified and follow the California Talent Agency Act. Music managers that procure employment in violation of the Talent Agency Act can find their management agreements void — or more currently, severable. They can also be subject to disgorgement of their earnings. Until recently, the disgorgement was for all the money earned by the manager; lately just, the guidelines have transformed and the disgorgement is for the serves of procuring work. Still- that’s fairly harsh.
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The idea is that the State strictly desires anyone who helps anyone in the entertainment areas secure work to be certified as a skill agent – and they’ll strictly punish those who do usually. If you’re considering being an agent, you must be licensed by the State and follow the law. If you are thinking of being a manager, you got to know the statutory law, which is quite complex, to make certain you stay within the legally allowed duties of a manager.
If you cross over into the place reserved for agencies, you can find yourself in great jeopardy. In Illinois, skill agents are considered employment agencies, licensed by the State, and are subject to a particular provision in regulations for “theatrical work agencies,” which covers any type of employment as an entertainer.
Illinois entertainment laws is not nearly as developed as California rules, simply because there is certainly so much less entertainment business being conducted in Illinois. Bear in mind that any entertainment activity taking place in California comes after California law, even if the entertainer and/or his staff are from outside the carrying on condition.
The New York talent agency legislation is very similar to the Illinois regulation. By “stranded,” the statutory legislation means leaving anyone in a seperate location without transportation home. That may sound antiquated, but I am aware of the performer to whom this happened just this year. A large new magic show supposedly planned a tour, promising employment to crew and performers, but the tour materialized.
