For purposes of this chapter, the following terms have the following meanings:
(a) “Artist” means a person who is or seeks to become an actor, actress, model, extra, radio artist, musical artist, musical organization, director, musical director, writer, cinematographer, composer, lyricist, arranger, or other person rendering professional services in motion picture, theatrical, radio, television, Internet, print media, or other entertainment enterprises or technologies.
(b) “Audition” means any activity for the purpose of obtaining employment, compensated or not, as an artist whereby an artist meets with, interviews or performs before, or displays his or her talent before, any person, including a producer, a director, or a casting director, or an associate, representative, or designee of a producer, director, or casting director, who has, or is represented to have, input into the decision to select an artist for an employment opportunity. An “audition” may be in-person or through electronic means, live or recorded, and may include a performance or other display of the artist’s promotional materials.
(c) “Employment opportunity” means the opportunity to obtain work as an artist, whether compensated or not.
(d) “Fee” means any money or other valuable consideration paid or promised to be paid by or on behalf of an artist for services rendered or to be rendered by any person conducting business under this chapter. “Fee” does not include the following:
(1) A fee calculated as a percentage of the income earned by the artist for his or her employment as an artist.
(2) (A) Reimbursements for out-of-pocket costs actually incurred by the payee on behalf of the artist for services rendered or goods provided to the artist by an independent third party if all of the following conditions are met:
(i) The payee has no direct or indirect financial interest in the third party.
(ii) The payee does not accept any referral fee, kickback, or other consideration for referring the artist.
(iii) The services rendered or goods provided for the out-of-pocket costs are not, and are not represented to be, a condition for the payee to register or list the artist with the payee.
(iv) The payee maintains adequate records to establish that the amount to be reimbursed was actually advanced or owed to a third party and that the third party is not a person with whom the payee has a direct or indirect financial interest or from whom the payee receives any consideration for referring the artist. To satisfy this condition, the payee shall maintain the records for at least three years and make them available for inspection and copying within 24 hours of a written request by the Labor Commissioner, the Attorney General, a district attorney, a city attorney, or a state or local enforcement agency.
(B) A person asserting a defense based upon this paragraph has the burden of producing evidence to support the defense.
(3) Appearances, marketing, or similar activities by an artist rendered in the context of promoting that artist’s career.
(4) Royalties or profit participation from work or services as an artist payable under a bona fide contractual obligation.
(e) “Person” means an individual, company, society, firm, partnership, association, corporation, limited liability company, trust, or other organization.
(f) “Talent counseling service” means a person who does not manage or direct the development of an artist’s career and who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, that artist, directly or by referral to another person, with career counseling, vocational guidance, aptitude testing, or career evaluation as an artist.
(g) “Talent listing service” means a person who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with any of the following:
(1) A list of one or more auditions or employment opportunities.
(2) A list of talent agents or talent managers, including an associate, representative, or designee thereof.
(3) A search, or providing the artist with the ability to perform a self-directed search, of any database for an audition or employment opportunity, or a database of talent agents or talent managers, or an associate, representative, or designee thereof.
(4) Storage or maintenance for distribution or disclosure to a person represented as offering an audition or employment opportunity, or to a talent agent, talent manager, or an associate, representative, or designee of a talent agent or talent manager, of either of the following: (A) an artist’s name, photograph, Internet Web site, filmstrip, videotape, audition tape, demonstration reel, résumé, portfolio, or other reproduction or promotional material of the artist or (B) an artist’s schedule of availability for an audition or employment opportunity.
(h) “Talent scout” means an individual employed, appointed, or authorized by a talent service, who solicits or attempts to solicit an artist for the purpose of becoming a client of the service. The principals of a service are themselves talent scouts if they solicit on behalf of the service.
(i) “Talent service” means a talent counseling service, a talent listing service, or a talent training service.
(j) “Talent training service” means a person who, for a fee from, or on behalf of, an artist, provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with lessons, coaching, seminars, workshops, or similar training as an artist.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)