Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Role and Responsibilities of Practice Group Leaders
Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?