Federal Level Talent Agency Law

There are a number of talent agencies located in the United States of America. The laws which govern these agencies are designed to protect both the rights of the artists and the interests of the general public.

The first piece of legislation governing talent agencies was enacted in California in 1937. This law, known as the Talent Agency Act, regulates the relationship between talent agencies and their clients. The Act requires that all talent agencies be licensed by the state in order to operate. The Act also contains a number of provisions designed to protect the rights of artists, including a requirement that talent agencies may only collect a commission if they have procured employment for their client.

The second major piece of legislation governing talent agencies is the federal antitrust law known as the Sherman Act. The Sherman Act prohibits contracts which restrict trade or commerce. In the context of talent agencies, the Sherman Act has been interpreted to prohibit so-called "exclusive" agency contracts. These are contracts in which a talent agency agrees to represent a particular artist exclusively. The theory behind this interpretation is that exclusive agency contracts tend to restrict competition in the marketplace, and are therefore contrary to the public interest.

In addition to these two federal laws, most states have also enacted their own talent agency laws. These state laws generally track the provisions of the Talent Agency Act, and typically provide additional protections for artists.

As a general rule, talent agencies in the United States are subject to a great deal of regulation. This regulation is designed to protect the rights of both artists and the general public. Artists should be aware of these laws, and should consult with an attorney if they have any questions about their rights or obligations under the law.

Sources:

https://www.law.cornell.edu/wex/talent_agency

https://www.law.cornell.edu/uscode/text/15/chapter-53

https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws-talent-agencies

https://www.dol.gov/whd/regs/statutes/FairPackagingAct.pdf

https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws-talent-agencies

https://www.govtrack.us/congress/bills/93/hr1512

https://www.justice.gov/atr/antitrust-division-comments-and-testimony-regarding-state regulation-talent agencies


This article is provided for informational purposes only and is not legal advice. For more information on talent agency law in United States, or to speak with an attorney about your specific situation, please contact a licensed attorney in your area.

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