U.S. Ninth Circuit judges reject managers’ attack on California law but disputes keep surfacing over representation, commissions
Saunter down the street in Des Moines or Poughkeepsie and ask the first passer-by about who engages in the “procuring” business and be glad not to get a punch in the nose for asking about something that sounds like it’s part of the world’s oldest profession. But at least in Hollywood, and for especially for those in the entertainment industry, this practice—part art and part commerce—is so common that it should be legally plain and it is clearly understood, the U.S. Court of Appeals for the Ninth Circuit has declared.
The judges in the appellate court for the stars have upheld the dismissal of a suit by the National Conference of Personal Managers, a group aggravated by still controversial state statute(s) that they argue keeps clients from showing them the money—the California talent agencies act. The appellate judges concurred with a lower court ruling rejecting the managers’ claims, and finding that the act does not violate due process, equal protection, or free speech of talent managers in the entertainment industry.
The law says that only state-licensed agents may procure work for clients—the legions in Los Angeles of actors, directors, writers, and, yes, wannabes. The problem with the half-century old talent sections of the state labor code is that they also bar non-agents, including managers, attorneys, and the unlicensed from obtaining work for clients. This can and has created ned in the Biz, sparking significant protests before. The personal managers’ complaint provides a timely reminder that the griping about the act not only isn’t going away, it provides a recurring reason to keep re-examining the historic but also changing representation of talent in the Golden State. (more…)