The question of whether someone is a talent agent or a talent manager is more than one of semantics. It presents a pitfall that has landed both industry newcomers and seasoned professionals into serious trouble. Their attorneys can similarly fall prey to the confusion that surrounds this question, because the answer determines whether their clients’ dispute belongs in civil court, arbitration, or before the California Labor Commissioner. Choosing the wrong forum can have significant repercussions and can even lead to forfeiture of a client’s claims.
某人係藝人經紀人或藝人經理人淪為語意學之討論。業界之新手與專業人士陷於極度麻煩中。管轄權之歸屬對律師而言，長久以來就是個頭疼的問題，究竟要向民事庭起訴，亦或提付仲裁或是向加州勞委員救濟，時常困擾著律師。向錯誤的救濟機關提起救濟，將對客戶的請求造成不利的結果與影響。

娛樂業界藝人代表法規範回溯至100年前，1913年加州立法機構於法規中規範取得執照先決要件，藉以禁止藝人經紀人從藝人檯面下交易獲取報酬或將藝人送往罪惡淵藪。執照規定演進成1937年藝人經理人法；
The regulation of artistic representation in the entertainment industry dates back over one hundred years. In 1913, the California Legislature imposed the first licensing requirements to prevent talent agents from taking financial advantage of aspiring artists by concealing side deals or sending the artists to “houses of ill repute.” The licensing requirements evolved into the “Artist Manager Law” of 1937, which conflated the roles of agents and managers by defining managers as those who procured employment (an agent’s responsibility) and those who advised, counseled,or directed artists in the development or advancement of their careers (a manager’s responsibility). In 1959, the law received its own chapter in the Labor Code and became known as the “Artists’ Managers Act” and, in 1978, it was replaced by the modern Talent Agency Act. Recognizing the more prominent role that talent managers were playing in the industry, and the confusion that arose between a manager’s realm of influence versus that of a talent agent, the legislature considered a separate licensing scheme for managers but ultimately failed to implement it. Talent Agency Act The Talent Agency Act defines a talent agent as someone who procures,offers, promises, or attempts to procure employment or engagement for an artist, and it requires that such persons first obtain a talent agency license from the California Labor Commissioner. 1 A licensed agent must comply with various regulations set forth in the act, which governs everything from what terms are included in the agent’s contract to the timing of payments to its artists. An “artist” is broadly defined by the act to include actors, radio artists, musical artists and bands, directors, writers, cinematographers, composers, models, “and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises.