加州對藝人經紀人有其約制的法律；其中藝人經紀人須取的執照，方能從事藝人經紀業務。其次，藝人與經紀人訂立的藝人經紀約，要具備加州勞工委員要求的約款（有定型化契約可供參考），並提付勞工委員核可；若有修改而涉及實質內容，須再提付勞工委員核可，可謂規範相當嚴謹。
針對藝人經紀人因其面向不同，對不同人而有不同意義。
The phrase “talent agent” means different things to different people. For some, the words conjure images of a cocky Jeremy Piven wearing a power suit paired with an expensive tie in a perfect Windsor knot. For others, the words invoke a vision of a group of powerful individuals acting as intimidating gatekeepers to Hollywood’s hottest talent. But what do talent agents actually do?
In short, talent agents are responsible for procuring work for their clients.
簡言之，藝人經紀人為其客戶招攬工作機會而負責。
Period. This could mean anything from finding the ideal role for an actor in a film to landing a contract for the newest up-and-coming singer that will lead to their big break. Any of these duties can lead to massive success for both the client and the agent. So, what do these agreements contain? Are there any regulations regarding the compensation talent agents can receive? We will apply a legal lens to these questions in the paragraphs below.
為演員於電影尋求最適角色或為剛嶄露頭角歌星尋求一紙好合約，都會使伊等取得重大突破。前開所述均會對藝人及經紀人獲得巨大成功。是這些契約包含那些內容？關於藝人經紀人報酬有那些法規範？以下將是對這些問題適用那些法律之論述。
First and foremost, it is important to understand that talent agents must have a license to operate in the state of California. No license, no agent status. Because the license requirement is a California regulation, the State of California (specifically the Labor Commissioner) governs the actions of all talent agents operating within the state; this governance even extends to the terms of the agreements themselves. If the agreement does not comply with the baseline terms set forth in the California Labor Code (“Cal. Lab. Code” or “CLC” for short), it may be unenforceable.
首先，最重要的是在加州執行藝人經紀業務須取得執照；沒有執照，不能擔任藝人經紀人。因為「執照」這個要件，是加州法令所規定。加州特別是勞工委員會掌管全州藝人經紀業，其觸角甚至延伸至經紀約的條款。假使約款與加州勞動法相違，將導致契約無法履行。
Now, let’s get down to the nitty-gritty —a lawyer’s bread and butter. Lawyers get involved to make sure that the talent agency agreements are in compliance with all CLC regulations as well as any applicable union requirements (such as minimum salary, etc.). Each side’s lawyer will try to get the terms most favorable to their client, but at the end of the day, the agreement needs to be enforceable. California has many rules governing these types of agreements, and the Labor Commissioner must actually approve an agency’s “form” version of the contract to be used by the parties (Cal. Lab. Code §1700.23). After the form has been approved, the talent agency must print on the face of the of the contract the following: “This talent agency is licensed by the Labor Commissioner of the State of California” (Cal. Lab. Code §1700.23).
現在我們來進入實質內容—與律師生計息息相關者。律師應竭力確認藝人經紀約是否符合CLC整個規範，同樣地須確認有無適用工會法令。契約任一方之律師都應嘗試取得最有利於其期戶期間，但須在期間末日，使得契約仍得履行。加州有許多準繩在規範這類契約，同時勞工委員須實際核批藝人經紀雙方親訂或委請律師訂立這類契約格式版本。上開契約經勞工委員核可後，須在契約印上“本藝人經紀人係領有加州勞工委員核發執照者”，以資識別（加州勞動法§1700.23）。
The Labor Commissioner may not withhold its approval over an agency’s proper form agreement unless its terms are unfair, unjust, and oppressive to the artist (Cal. Lab Code §1700.23). Let’s take a look at what makes a “proper” talent agency agreement in the eyes of the law.
勞工委員不會違逆先前的核可，除非該契約期間係不公、不正或壓迫藝人的；現在我們來瞧瞧在法律觀點下什麼才是合適的藝人經紀約。
The California Code of Regulations §12001 mandates that the following six provisions must be included in every single talent agency agreement:
加州法規範 §12001規定以下6條款須寫入每一藝人經紀約：
1) the term of employment (or blank space to be filled in at time of execution) of the talent agency by the artist;
藝人經紀人受藝人委任期間。
2) a provision with a blank space for the rate of compensation to be paid by the artist to the agency, not to exceed the maximum set forth in the schedule of fees filed with the Labor Commissioner by the talent agency;藝人給付經紀人之報酬比例，不能超過藝人經紀人提交給勞工委員的數額。
3) a provision stating that the talent agent may advise, counsel, or direct the artist in the development or advancement of his professional career;藝人經紀人就藝人於其生涯之發展或提升，經紀人對之為建議、諮詢或指示。
4) a provision guaranteeing that the talent agency shall, subject to the artist’s availability, use all reasonable efforts to procure employment for the artist;藝人保證經紀人為藝人招攬工作時可盡其所能配合之。
5) a term stating that, if the artist fails to obtain employment or a bona fide offer for employment after four months, the contract is terminable by either party (subject to certain conditions); and藝人在4個月後未能獲得工作機會，契約任一方可終止契約。
6) a provision stating that in all cases of controversy that arise under the Labor Code or under the Rules and Regulations, regarding the terms of the contract, the parties shall refer the matters to the Labor Commissioner or one of his authorized agents (Cal. Lab. Code §12001(a)-(f)). There is a slight caveat to the last provision: the parties may include an arbitration clause stipulating that any controversy arising from the terms of the agreement shall be decided by an arbitrator rather than the Labor Commissioner (Cal. Lab. Code §1700.45).契約條款應有一條規範所有基於勞動法或規範準繩所或契約條款發生之爭議，契約雙方應將該事件提交與勞工委員或勞工委員授權經紀人有其約制的法律；其中藝人經紀人須取的執照，方能從事藝人經紀業務。其次，藝人與經紀人訂立的藝人經紀約，要具備加州勞工委員要求的約款（有定型化契約可供參考），並提付勞工委員核可；若有修改而涉及實質內容，須再提付勞工委員核可，可謂規範相當嚴謹。
針對藝人經紀人因其面向不同，對不同人而有不同意義。
The phrase “talent agent” means different things to different people. For some, the words conjure images of a cocky Jeremy Piven wearing a power suit paired with an expensive tie in a perfect Windsor knot. For others, the words invoke a vision of a group of powerful individuals acting as intimidating gatekeepers to Hollywood’s hottest talent. But what do talent agents actually do?
“藝人經紀人”對不同人有不同定義。對一些人而言，
In short, talent agents are responsible for procuring work for their clients.
簡言之，藝人經紀人為其客戶招攬工作機會而負責。
Period. This could mean anything from finding the ideal role for an actor in a film to landing a contract for the newest up-and-coming singer that will lead to their big break. Any of these duties can lead to massive success for both the client and the agent. So, what do these agreements contain? Are there any regulations regarding the compensation talent agents can receive? We will apply a legal lens to these questions in the paragraphs below.
為演員於電影尋求最適角色或為剛嶄露頭角歌星尋求一紙好合約，都會使伊等取得重大突破。前開所述均會對藝人及經紀人獲得巨大成功。是這些契約包含那些內容？關於藝人經紀人報酬有那些法規範？以下將是對這些問題適用那些法律之論述。
First and foremost, it is important to understand that talent agents must have a license to operate in the state of California. No license, no agent status. Because the license requirement is a California regulation, the State of California (specifically the Labor Commissioner) governs the actions of all talent agents operating within the state; this governance even extends to the terms of the agreements themselves. If the agreement does not comply with the baseline terms set forth in the California Labor Code (“Cal. Lab. Code” or “CLC” for short), it may be unenforceable.
首先，最重要的是在加州執行藝人經紀業務須取得執照；沒有執照，不能擔任藝人經紀人。因為「執照」這個要件，是加州法令所規定。加州特別是勞工委員會掌管全州藝人經紀業，其觸角甚至延伸至經紀約的條款。假使約款與加州勞動法相違，將導致契約無法履行。
Now, let’s get down to the nitty-gritty —a lawyer’s bread and butter. Lawyers get involved to make sure that the talent agency agreements are in compliance with all CLC regulations as well as any applicable union requirements (such as minimum salary, etc.). Each side’s lawyer will try to get the terms most favorable to their client, but at the end of the day, the agreement needs to be enforceable. California has many rules governing these types of agreements, and the Labor Commissioner must actually approve an agency’s “form” version of the contract to be used by the parties (Cal. Lab. Code §1700.23). After the form has been approved, the talent agency must print on the face of the of the contract the following: “This talent agency is licensed by the Labor Commissioner of the State of California” (Cal. Lab. Code §1700.23).
現在我們來進入實質內容—與律師生計息息相關者。律師應竭力確認藝人經紀約是否符合CLC整個規範，同樣地須確認有無適用工會法令。契約任一方之律師都應嘗試取得最有利於其期戶期間，但須在期間末日，使得契約仍得履行。加州有許多準繩在規範這類契約，同時勞工委員須實際核批藝人經紀雙方親訂或委請律師訂立這類契約格式版本。上開契約經勞工委員核可後，須在契約印上“本藝人經紀人係領有加州勞工委員核發執照者”，以資識別（加州勞動法§1700.23）。
The Labor Commissioner may not withhold its approval over an agency’s proper form agreement unless its terms are unfair, unjust, and oppressive to the artist (Cal. Lab Code §1700.23). Let’s take a look at what makes a “proper” talent agency agreement in the eyes of the law.
勞工委員不會違逆先前的核可，除非該契約期間係不公、不正或壓迫藝人的；現在我們來瞧瞧在法律觀點下什麼才是合適的藝人經紀約。
The California Code of Regulations §12001 mandates that the following six provisions must be included in every single talent agency agreement:
加州法規範 §12001規定以下6條款須載入每一藝人經紀約：
1) the term of employment (or blank space to be filled in at time of execution) of the talent agency by the artist;
藝人經紀人受藝人委任期間。
2) a provision with a blank space for the rate of compensation to be paid by the artist to the agency, not to exceed the maximum set forth in the schedule of fees filed with the Labor Commissioner by the talent agency;藝人給付經紀人之報酬比例，不能超過藝人經紀人提交給勞工委員的數額。
3) a provision stating that the talent agent may advise, counsel, or direct the artist in the development or advancement of his professional career;藝人經紀人就藝人於其生涯之發展或提升，經紀人對之為建議、諮詢或指示。
4) a provision guaranteeing that the talent agency shall, subject to the artist’s availability, use all reasonable efforts to procure employment for the artist;藝人保證經紀人為藝人招攬工作時可盡其所能配合之。
5) a term stating that, if the artist fails to obtain employment or a bona fide offer for employment after four months, the contract is terminable by either party (subject to certain conditions); and藝人在4個月後未能獲得工作機會，契約任一方可終止契約。
6) a provision stating that in all cases of controversy that arise under the Labor Code or under the Rules and Regulations, regarding the terms of the contract, the parties shall refer the matters to the Labor Commissioner or one of his authorized agents (Cal. Lab. Code §12001(a)-(f)). There is a slight caveat to the last provision: the parties may include an arbitration clause stipulating that any controversy arising from the terms of the agreement shall be decided by an arbitrator rather than the Labor Commissioner (Cal. Lab. Code §1700.45).契約條款應有一條規範所有基於勞動法或規範準繩所或契約條款發生之爭議，契約雙方應將該事件提交與勞工委員或勞工委員授權之代理人。
Once approved, the talent agency agreement is good to go. Modifications may be made to an existing form, but any “substantial changes” to a previously approved form agreement must be submitted again to the Labor Commissioner for approval (Cal. Lab Code §12003.2). Examples of modifications that do not require additional approval include, but are not limited to:
一旦核可，經紀約即依約履行。契約若須修改必須基於原契約方可，任何實質上地修改，須提交於勞工委員核可（Cal. Lab Code §12003.2）。以下係無須經核可的例子（包括但不限以下所舉）：
1) a provision for the commencement of the contract at some specified date in the future, including one based on contingency;
2) the deletion of certain “fields of endeavor” from the scope of the representation;
3) a reduction in the compensation to be paid by the artist to the talent agency (notice this term does NOT go both ways);
4) a reduction of the four-month termination rule listed above;
5) any provision for additional services to be performed by the talent agency on behalf of the artist; and
6) any other modification which operates to the advantage of the artist (Cal. Lab Code §12003.3).
Reading between the lines of all these regulations, it is clear that the state tries to protect the interests of the artists in these agreements. Many artists are neither business savvy, nor are they in a position with much leverage; they cannot always protect themselves from predatory talent agency agreements. It is usually either a “sign this form, or try striking out on your own without an agent” type of deal. Good luck with that. Understanding these agreements is absolutely crucial to getting the best deal you possibly can and one that is enforceable. It takes a good lawyer to help you navigate that process.
