1701
LABOR CODE
SECTION 1701
1701. 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,
r