The Talent Agencies Act: Reconciling the Controversies Surrounding Lawyers, Managers, and Agents Participating in California's Entertainment Industry

Abstract

For almost a hundred years, Southern California has been known as a basin of artistic talent and as an avid protector of artists' rights. As a consequence, California's entertainment industry has emerged as one of the state's greatest sources of revenue. Despite California's reputation for earning and producing at a phenomenal rate, greater than that of most countries, all is not well in the land of fiction. As the pot of money at the end of the entertainment rainbow has expanded, so too have the controversies and confusions regarding just how to slice the industry's pecuniary pie. Remarkably, the Talent Agencies Act4 (hereinafter "TAA" or "Act") has emerged as a principle battleground for this struggle.

This Comment explicates the fiscal war currently being waged among the entertainment industry's lawyers, managers, and agents. In particular, this Comment will focus on the interplay, roles, and prominent controversies that have served as the backdrop between these powerful players as the fight for financial and legal footing has intensified. Part II of this Comment defines the contemporary roles of the lawyer, manager, and agent participating in California's entertainment industry and introduces the dispute between managers and agents. Part III delineates the history of legislative efforts aimed at protecting artists' rights in California that culminated in the TAA. Part IV explains in full the disputes andcontentions between managers and agents. Part V explores whether lawyers should be exempt from the provisions of the TAA or any such regulatory scheme. Finally, Part VI outlines foundational principles and rudimentary considerations underlying a solution to the controversies and confusions presently surrounding lawyers, managers, and agents in California's entertainment industry.