Legal Question in Business Law in California

Personal managment for a classical musician

I have successfully been providing public relations. publicity and media services to a classical musican in California for the last year. Due to my success, he has asked me to work in a management capacity since I am adept in business (i.e.) securing new gigs, negotitating contracts, marketing outreach to new venues, etc. My question is this: Does one have to be licensed in the state of California to negotiate contracts and other business arrangements (no recording contracts) on behalf of a professional musician? If so, what license is required?

Thank you.


Asked on 3/13/04, 5:36 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Personal managment for a classical musician

An entertainment attorney would be better to answer that. My review of the law shows that you would be required to get a talent agency license. Cal. Labor Code � 1700.5 states:

"No person shall engage in or carry on the occupation of a talent agency without first procuring a license therefor from the Labor Commissioner. The license shall be posted in a conspicuous place in the office of the licensee. The license number shall be referred to in any advertisement for the purpose of the solicitation of talent for the talent agency."

A talent agency is defined in Labor Code � 1700.4 as: "a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist or artists, except that the activities of procuring, offering, or promising to procure recording contracts for an artist or artists shall not of itself subject a person or corporation to regulation and licensing under this chapter. Talent agencies may, in addition, counsel or direct artists in the development of their professional careers." You might want to look at the entire 1700 series of the Labor Code, since there's a requirement of a $10,000 bond, submission of a contract to the Labor Board, etc.

Good luck. I envy good talent.

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Answered on 3/13/04, 7:15 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Personal managment for a classical musician

Only if your duties include seeking employment for your client, is it required for you to be licensed by the Labor Commissioner. Otherwise, advice and counsel, for which your musician believes that is worth paying you, is open and not limited to the ten percent an agent receives.

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Answered on 3/13/04, 9:08 pm


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