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Do FL and CA Talent Agency Law Cover Social Media Influencers and Esports Talent?
Sections 468.401-468.415 of the Florida Statutes (referred to as Florida's Talent Agencies Act) is the law governing talent agencies in the state. Under §468.401(1), the term "talent agency" is defined as "any person who, for compensation, engages in the occupation or business of procuring or attempting to procure engagements for an artist." With the rise of both social media and esports, the issue arises as to whether online "influencers" and esports talent qualify as "artists."
Anyone who can be classified as a "talent agency" under the foregoing definition is required to obtain a license from the Florida Department of Business and Professional Regulation. Pursuant to §468.403(1), "a person may not own, operate, solicit business, or otherwise engage in or carry on the occupation of a talent agency in Florida unless the person first procures a license for the talent agency from the department." There are a few exceptions to this licensing requirement, in that "a license is not required for a person who acts as an agent for herself or himself, a family member, or exclusively for one artist." Despite this, "a person may not advertise or otherwise hold herself or himself out as a 'talent agency' or 'talent agent' unless the person is licensed under this section as a talent agency."
There are serious penalties for any violations of the talent agency licensing requirement. Pursuant to §468.13(1)(a), "owning or operating, or soliciting business as, a talent agency in this state without first procuring a license from the department" constitutes a felony of the third degree. As such, it is key to know whether someone can be classified as a talent agency or talent agent under Florida's Talent Agencies Act.
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