▲蘇狀師談娛樂法(律師亦可勝任成為藝人之經紀人)

蘇思鴻 律師
發表時間:2019/07/20 17:39 2496 次瀏覽

What A Talent Agent Does To Represent Their Artist
代表藝人之經紀人究竟為藝人做了什麼

In general, a talent agent seeks jobs for the artists they represent in the branches of the entertainment industry. If the artist is an actor, they seek roles for the actor. If the artist is a screenwriter, a musician, a broadcast journalist, etc. they seek jobs in the entertainment industry applicable to the talents of the artist.
一般而言,藝人經紀人為其簽約藝人在整個娛樂界尋求演出機會,假如為男演員,其經紀人為其尋求適當的角色。假如簽約藝人為編劇、樂師,廣播新業從業人員,經紀人則於娛樂產業中尋求適合其等的工作機會,至於何種工作,視情節而定。

Many talent agencies specialize in one or more areas such as modeling (although, model management entities today do everything they can to avoid being called a talent agency in order to avoid having to pay taxes, be licensed as a talent agent or provide insurance to their models).許多藝人經紀人專攻不只一個領域諸如模特兒業。

Literary agencies are another example of where an agency focuses on one area of interest only, that of representing authors and writers. Sports agents also tend to focus simply on their one area of expertise, representing athletes and others involved in the field of sports.
文藝經紀人(或者是文創經紀人)代表創作者及作家,係另一個經紀人只專注單一區塊權益之實例。

Some talent agencies specialize in representing broadcast journalists. In the field of acting, some talent agencies are more suited to representing actors for stage, film or television while the larger agencies will represent artists in each of these fields.

Larger and more powerful talent agencies cover a number of different fields within the entertainment industry and create departments within the agency for each area of interest.

The more powerful talent agencies who represent a number of the top names in the entertainment industry, will often attempt to package their clients together to obtain work for more of their clients and to give projects greater appeal. Packaging also allows a talent agency to obtain more work for their lesser known artists.

An actor may have more than one agent as long as they don’t sign an exclusive talent agency agreement with one talent agent. They might have a talent agent for film and television, a commercials agent for print and commercials, and yet a third agent for voice overs.只要演員不和單一經紀人訂立獨家經紀合約,他就可和其他經紀人另訂經紀合約。演員可和其中一位經紀人訂立電影、電視經紀合約和另一位經紀人訂立平面、商業廣告之經濟合約。
A talent manager (as opposed to a talent agent) helps prepare an artist for consideration by potential talent agents and talent agencies. They help their artist decide which talent agent or talent agency to choose, advise the artist on acting classes, acting coaches, photographers and also promote their artists to others in the entertainment industry to try to arrange auditions.

Legally, until it is determined otherwise by the courts interpreting California’s Talent Agency Act or the state legislature passes a Management Agency Act, a talent manager may not negotiate an employment contract for their artist without involving a talent agent. If a talent agent is involved, a talent manager can take part in the negotiations.

Consequently, a management contract will provide that the artist acknowledges that the manager is absolutely not holding themself out to be or acting as a talent agent and that their duties as a talent manager do not include seeking or obtaining employment for the artist.

Talent agents obtain work for the artists they represent by promoting their talent, obtaining auditions and then coordinating the details of the employment and negotiating the contract and compensation for their artists.

Some actors only have a talent manager, while others only have a talent agent. Actors with a lot of work will typically have both as well as an entertainment attorney. Unless an actor is in a major market such as Los Angeles, New York and to a lesser extent Chicago or Atlanta, an actor will only have a talent agent. As with models, there are mother agencies who scout to discover and develop artists in order to get them signed with a talent agent and talent manager and then collect a percentage from the agents in a bigger market such as Los Angeles or New York.

In the field of music, booking agents are responsible for booking shows and concerts for their artists. The booking agent handles the details of the booking with the show promoters. A performance agreement is provided by the booking agent to the concert producer and this contract states the artist’s requirements.

A music manager or band manager on the other hand, helps their artist or band plan their career by assisting in decisions including bookings, promotions, recording contracts and other deals. In some cases they act as a business manager as well. The manager will help their artist by finding music producers, develop relationships with record companies, music publishers and the public by building a fan base of music lovers. Artists and bands will also usually employ a tour manager.

In California, only a licensed talent agent may seek employment for the artists they represent. Managers may not. A booking agent must therefore obtain a talent agency license in California in order to seek employment for the artists they represent. If a manager seeks to procure employment for an artist without a talent agency license in California, under California’s Talent Agency Act, the contract they have with their artist may be voided by the California Labor Commissioner and they may even be required to refund some or all of the commissions earned by them under their contract.

This issue, however, is being litigated in the courts as managers have had to forfeit an estimated $500,000,000 due to the Labor Commissioner’s voiding contracts for decades.

蘇思鴻 律師

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