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UC Law SF Communications and Entertainment Journal

Abstract

Several years ago, the Talent Agencies Act was an effective tool for regulating unscrupulous agents and would-be agents, and the Labor Commissioner was a rigorous enforcer of the law. As recently as two to three years ago, the Act was interpreted and enforced uniformly and strictly, and wreaked havoc on the personal management profession. However, more recently the Labor Commissioner has left much of the enforcement and interpretation of the Act up to the courts. Superior Court judges do not understand (or do not care to understand) the Act, and appellate justices appear to be just as confused. The author contends that the current administration of the Act protects those artists who could otherwise protect themselves while leaving relatively helpless artists with no effective recourse. As such, the author contends that the Act now protects unscrupulous agents and would-be agents, and that the time has come for a change.

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