In the state of California, no person shall engage in operating a talent agency without obtaining licensure from the Labor Commissioner. Defined by California Labor Code section 1700.4(a), a talent agency is a person or corporation engaging in procuring, offering, promising, or attempting to get employment or engagements for an artist or artists, with these activities subjecting a person or corporation to regulation and licensing under this chapter. These talent agencies may, in addition, counsel or direct artists in the development of their professional careers.
在加州，未取得勞動委員長核發執照，不得經營藝人經紀業。加州勞動法1700.4(a)調定有明文。藝人經紀人或公司法人可從事採購、要約、承諾或為藝人尋求工作機會或為藝人訂約，在該法律章節下，這些活動使得人或公司有控管及授權的權利。此外，這些藝人經紀人可就藝人之職涯發展給予諮詢或指示。
A talent agency license is meant to 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 (Labor Code section 1700.5).藝人經紀人的執照要在其辦公處所顯眼處公示於眾。在招攬藝人上門委託之任何廣告都要秀出經紀人的證書字號。
Some states do not have any special licensing requirements for talent agencies, while others require a license and supplemental documents such as copies of labor contracts and fee schedules. In this post, we will outline the common requirements for talent agent licenses in California and provide the steps that you can use to obtain your license.
有些州之藝人經紀人無須任何證照門檻，然而有些州則不然，要求執照及例如勞動契約副本與費用表等補充資料。
Before applying for a California talent agency license, you must register your business in the state of California. It is important that each business determines its structure prior to registration. Business structures include sole proprietorships, partnerships, LLCs, C-Corps, and S-Corps. Based on your business type, there may be additional permits, licenses, or certifications that your business needs to acquire. To register your business, visit here to see the federal and state requirements.
在申請取得加州藝人經紀人執照之前，你必須在加州營業事業之登記。在登記前，每一個所營事業取決於其架構是非常重要的。營業組織包括獨資企業，合夥，有限公司及S公司。基於你的業務型態，其可以被額外的允許、授權或你業需要取得的證書。
NOTE: For personalized technical assistance, the California Office of the Small Business Advocate recommends getting in contact with a small business advisor in your county. This network provides free one-on-one consulting and low-cost training. Applicants can click here to connect with a local Center and speak with an advisor.
When you have completed this process, you can continue with your license application.
Every talent agency will need to maintain records for each artist it manages. Not only will some of this information need to be listed and provided in documentation, but these records also must be available for inspection during all reasonable hours. The following records should be kept, according to California Labor Code sections 1700.26 and 1700.27, for four years:每一個藝人經紀人需要維護其旗下藝人的書面紀錄。不僅是一些資料需要被列明或以文件方式被顯露出來，同時這些記錄在合理的時間裏須可被檢查。以下紀錄，根據加州勞動法之規定要被保存4年。
The name and address of each artist employing the talent agency
The amount of the fees received from each artist
The beginning date and the ending date of any contract entered into between the artist and the talent agency
The name and address of the employer and the inclusive dates and type of service of each job engaged in by the artist during his or her term of contract with the agency
The compensation received by each artist for each engagement
The fee amount due to the talent agency and the amount of fee paid to it by the artist for each engagement
A record of all funds received on behalf of an artist and the distribution of the funds
An important requirement during the licensing process is the talent agency bond that you must post and submit through the State of California’s Talent Agency Bond (DLSE 306) form. The bond must have $50,000 of coverage. These bonds are subject to underwriting consideration; the price you’ll pay depends on a review of your personal credit history. Qualified applicants could pay as little as 1% of the bond amount, or just $500.
The purpose of this bond is to guarantee your compliance with Chapter 4, Part 6, Division 2 of the Labor Code of the State of California. This chapter specifies the various obligations agencies have toward any artists and agents they work with. In addition, per California Labor Code Section 1700.15, this surety bond must be in place to keep your license active.
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An extensive list of documents and forms must be submitted with your application in order to be approved by the California Labor Commissioner. To avoid any delays in obtaining a license, applicants must be sure that their application packet includes this supporting documentation:
Bond (DLSE 306)
Affidavit of Character (DLSE 301-A)
Two affidavits from every individual owner, general partner, or corporate officer AND every person in a managing position
Personal Record (DLSE 301-B)
Required of every individual who has completed an affidavit of character
Sample – Nonexclusive Contract Between Artist and Talent Agency (DLSE 315A)
Sample – Exclusive Contract Between Artist and Talent Agency (DLSE 315B)
Sample – Fee Schedule (DLSE 315C)
Certificate of Workers’ Compensation Insurance
Copy of Driver’s License/Photo ID
Fictitious Business Name Statement (if applicable)
Articles of Organization (if limited liability company)
Articles of Incorporation and Statement of Domestic Stock (if corporation)
Business Tax Registration Certificate (if business is at residence)
Applicants will be asked to verify their compliance directly with DLSE per a Request for Live Scan Service.
The fingerprints provided will be used to check the criminal history records of the FBI. Applicants will have the chance to complete or challenge the accuracy of information contained in the FBI identification record. The procedure for obtaining a change, correction, or updating an FBI identification record are set in Title 28, Code of Federal Regulations, Section 16.34
The Labor Commissioner reserves the right to request additional supporting documentation to complete the investigation regarding the character, competency, and responsibility of the applicant.
When turning in the application via the talent agency online application system, applicants should ensure the application for a talent agency license is completed, dated, and signed by the individual applicant, all of the general partners, or an authorized corporate officer. The corporate seal must be affixed.
Every talent agency must pay the following fees annually when a license is issued or renewed:
An annual license fee of $225 and a filing fee of $25 for a total of $250 for single-location businesses
Add $50 for each branch office maintained by the talent agency in California
Applicants can pay these fees online as part of the online application or by certified or cashier’s check or money order made payable to Division of Labor Standards Enforcement.
Register and Apply by Mail
If the applicant chooses/prefers to submit on paper by mail, he or she must download the application (Adobe Reader required) and do as follows:
Complete printed Application for Talent Agency License
Print copies of all the required documents
Include the fees, which may be paid by certified check, cashier’s check, or money order made payable to Division of Labor Standards Enforcement
Personal checks or business checks are not accepted.
Provide the Declaration and Authorization to Release Information (optional)
Once complete, applicants can mail the application, documents, and payment to:
Department of Industrial Relations
Division of Labor Standards Enforcement Licensing and Registration
1515 Clay St., Ste. 1902
Oakland, CA 94612
Advance-Fee Talent Representation Services
A similar type of service, subject to regulation by 2009 legislation, that branches off of talent agencies is advance-fee talent representation services. Advance-fee talent representation services refers to any company or person charging upfront fees to artists for services such as referrals to photographers and websites or for lessons, coaching, seminars, workshops, or similar trainings for an artist.
Fee-related talent service bonds in California are required by Section 1702 – 1702.4 of the Labor Code and ensure that principals (talent services) conduct business lawfully and ethically.
Fee-Related Talent Service Bond
The fee-related talent service bond is credit-based and priced at a 1% minimum rate. These are issued with one-year terms and are continuous until canceled.
SAG-AFTRA Talent Agency Bond
The SAG-AGTRA Franchised Talent Agency Surety Bond is a specific classification of commercial surety bonds required by the Screen Actors Guild and the American Federation of Television and Radio Artists, also known as SAG-AFTRA. To become this type of franchised talent agent in the talent agency industry, this bond is required.
SAG-AFTRA bonds in California are required by Section 1703(a)(3) of the Labor Code and ensure that the agency will represent SAG or AFTRA members rightfully and will protect its clients’ interests. This refers to the guarantee of the best working conditions, wages, and benefits for its members.
