2007 California Labor Code Article 1. Definitions

CA Codes (lab:1701-1701.2)

1701.  For purposes of this chapter, the following terms have the
following meanings:
   (a) (1) "Advance fee" means any fee due from or paid by an artist
prior to the artist obtaining actual employment as an artist or prior
to the artist receiving actual earnings as an artist or that exceeds
the actual earnings received by the artist as an artist.
   (2) "Advance fee" does not include reimbursements for
out-of-pocket costs actually incurred by the payee on behalf of the
artist for services rendered or goods provided to the artist by an
independent third party if all of the following conditions are met:
   (A) The payee has no direct or indirect financial interest in the
third party.
   (B) The payee does not accept any referral fee or other
consideration for referring the artist.
   (C) The services rendered or goods provided for the out-of-pocket
costs are not represented to be, and are not, a condition for the
payee to register or list the artist with the payee.
   (D) The payee maintains adequate records to establish that the
amount to be reimbursed was actually advanced or owed to a third
party and that the third party is not a person in which the payee has
a direct or indirect financial interest or from which the payee
receives any consideration for referring the artist.
   (E) The burden of producing evidence to support a defense based
upon an exemption or an exception provided in this paragraph is upon
the person claiming it.
   (b) "Advance-fee talent service" means a person who charges,
attempts to charge, or receives an advance fee from an artist for one
or more of the following, or for the purchase of any other product
or service, including, but not limited to, those described in
subdivisions (e) to (i), inclusive, of Section 1701.12, in order to
obtain from or through the service one or more of the following:
   (1) Procuring, offering, promising, or attempting to procure
employment, engagements, or auditions for the artist.
   (2) Managing or directing the development or advancement of the
artist's career as an artist.
   (3) Career counseling, career consulting, vocational guidance,
aptitude testing, evaluation, or planning, in each case relating to
the preparation of the artist for employment as an artist.
   (c) "Artist" or "artists" means persons who seek to become or are
actors or actresses rendering services on the legitimate stage or in
the production of motion pictures, radio artists, musical artists,
musical organizations, directors of legitimate stage, motion picture
and radio productions, musical directors, writers, cinematographers,
composers, lyricists, arrangers, models, extras, and other artists or
persons rendering professional services in motion picture,
theatrical, radio, television, and other entertainment enterprises.
   (d) "Fee" means any money or other valuable consideration paid or
promised to be paid by or for an artist for services rendered or to
be rendered by any person conducting the business of an advance-fee
talent service.
   (e) "Person" means any individual, company, society, firm,
partnership, association, corporation, limited liability company,
trust, or other organization.



1701.1.  This chapter does not apply to any person exempt from
regulation under the Employment Agency, Employment Counseling, and
Job Listing Services Act (Title 2.91 (commencing with Section
1812.500) of Part 4 of Division 3 of the Civil Code) pursuant to
paragraph (2) of subdivision (b) of Section 1812.501 or Section
1812.502 of the Civil Code.



1701.2.  Compliance with this chapter does not satisfy or is not a
substitute for the requirements mandated by any other applicable law,
including the obligation to obtain a license under the Talent
Agencies Act (Chapter 4 (commencing with Section 1700)), prior to
procuring, offering, promising, or attempting to procure employment
or engagements for artists.