Advance-fee Talent Representation Service - Fee-related Talent Services - Labor - CA

Section § 1702

This law prohibits anyone from owning, running, or working with a talent agency that charges fees upfront. It's also illegal to promote, seek clients for, or knowingly direct someone to these types of services.

No person shall own, operate, or act in the capacity of an advance-fee talent representation service or advertise, solicit for, or knowingly refer a person to, an advance-fee talent representation service.

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Section § 1702.1

An "advance-fee talent representation service" is a person or company that helps artists by offering services like getting job opportunities, auditions, career management, or finding talent agents, in exchange for a fee. This can include fees for things like promotional materials or training courses for the artist. Basically, it's about someone charging artists upfront to help with their career in the entertainment industry.

(a) “Advance-fee talent representation service” means a person who provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with one or more of the following services described below, provided that the person charges or receives a fee from or on behalf of an artist for photographs, Internet Web sites, or other reproductions or other promotional materials as an artist; lessons, coaching, seminars, workshops, or similar training for an artist; or for one or more of the following services:

(1) Procuring or attempting to procure an employment opportunity or an engagement as an artist.

(2) Procuring or attempting to procure an audition for an artist.

(3) Managing or directing the development of an artist’s career.

(4) Procuring or attempting to procure a talent agent or talent manager, including an associate, representative, or designee of a talent agent or talent manager.

(b) “Advance-fee talent representation service” also means a person who charges or receives a fee from, or on behalf of, an artist for any product or service required for the artist to obtain, from or through the person, any of the services described in paragraphs (1) to (4), inclusive, of subdivision (a).

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Section § 1702.3

If someone breaks the rules in Section 1702, they must follow the rules outlined in Article 4, which starts with Section 1704.

A person who violates Section 1702 is subject to the provisions of Article 4 (commencing with Section 1704).

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Section § 1702.4

This section lists who doesn't have to follow certain rules in the article it's part of. It doesn't apply to public educational institutions, certain nonprofit organizations that focus on helping people find jobs without charging fees, nonprofit groups supporting professional interests, labor unions, and publications that mainly share news or professional info.

These nonprofits must meet specific conditions like not paying more than nominal salaries and using fees only for maintenance. Labor organizations and public institutions also don’t have to follow these rules.

This article does not apply to the following:

(a) A public educational institution.

(b) A nonprofit corporation, organized to achieve economic adjustment and civic betterment, give vocational guidance, including employment counseling services, and assist in the placement of its members or others, if all of the following conditions exist:

(1) None of the corporation’s directors, officers, or employees receive any compensation other than a nominal salary for services performed for the corporation.

(2) The corporation does not charge a fee for its services, although it may request a voluntary contribution.

(3) The corporation uses any membership dues or fees solely for maintenance.

(c) A nonprofit corporation, formed in good faith for the promotion and advancement of the general professional interests of its members, that maintains a placement service principally engaged to secure employment for its members with the state or a county, city, district, or other public agency under contracts providing employment for one year or longer, or with a nonprofit corporation exempted by subdivision (b).

(d) A labor organization, as defined in Section 1117.

(e) A newspaper, bona fide newsletter, magazine, trade or professional journal, or other publication of general circulation, whether in print or on the Internet, that has as its main purpose the dissemination of news, reports, trade or professional information, or information not intended to assist in locating, securing, or procuring employment or assignments for others.

(f) A public institution.

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