Legal Question in Entertainment Law in California

law re band booking agent and managers

I am working with a band management firm, we would like to start booking our bands dirctly with the venues. I have been told that this is illegal in CA and NY? Is this true and how can I take care of my bands without getting into legal ''hot water?''


Asked on 6/30/03, 4:23 pm

2 Answers from Attorneys

Joseph Richardson Borton Petrini LLP

Re: law re band booking agent and managers

The key is to ask the fundamental question: "are they your bands at all?" What does their agreement say? What about yours? Do you have an understanding that allows you to take them with you should you leave? Are they signed directly to the management outfit? These are questions only you can answer. With those answers, you will have a better idea of where you stand legally. If you don't have the right to take them with you, you may want to try to negotiate it. Strategiclly, this would involve you knowing what their agreements are. If their agreement with the management firm ends in the next year or so, you may be better off sitting tight and breaking around the time they do, etc.

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Answered on 6/30/03, 11:34 pm

Re: law re band booking agent and managers

California Labor Code sections 1700-1700.47 provides that anyone who procures work for a musician needs to be licensed by the State as a talent agent. I believe that New York has a similar statute.

I would need more facts before I could advise you.

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Answered on 7/01/03, 12:02 am


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