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.
勞工委員不會推翻先前的核可,除非該契約期間有不公、不正或壓迫藝人的情事。
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。