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
How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.