State Codes and Statutes

Statutes > California > Lab > 1703-1703.6

LABOR CODE
SECTION 1703-1703.6



1703.  (a) Every contract and agreement between an artist and a
talent service shall be in writing, in at least 10-point type, and
contain all of the following provisions:
   (1) The name, address, telephone number, fax number (if any),
e-mail address (if any), and Internet Web site address (if any), of
the talent service, the artist to whom services are to be provided,
and the representative executing the contract on behalf of the talent
service.
   (2) A description of the services to be performed, a statement
when those services are to be provided, and the duration of the
contract.
   (3) Evidence of compliance with applicable bonding requirements,
including the name of the bonding company and the bond number, if
any, and a statement that a bond in the amount of fifty thousand
dollars ($50,000) must be posted with the Labor Commissioner.
   (4) The amount of any fees to be charged to or collected from, or
on behalf of, the artist receiving the services, and the date or
dates when those fees are required to be paid.
   (5) The following statements, in boldface type and in close
proximity to the artist's signature:

  "(Name of talent service) IS A TALENT
  COUNSELING SERVICE, TALENT LISTING SERVICE, OR
  TALENT TRAINING SERVICE (whichever is
  applicable). THIS IS NOT A TALENT AGENCY
  CONTRACT. ONLY A TALENT AGENT LICENSED
  PURSUANT TO SECTION 1700.5 OF THE LABOR CODE
  MAY ENGAGE IN THE OCCUPATION OF PROCURING,
  OFFERING, PROMISING, OR ATTEMPTING TO PROCURE
  EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. (Name
  of talent service) IS PROHIBITED BY LAW FROM
  OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR
  EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU
  WITH TRAINING, COUNSELING, OR LISTING
  INFORMATION (whichever is applicable). FOR MORE
  INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING
  WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF
  THE LABOR CODE. A DISPUTE ARISING OUT OF THE
  PERFORMANCE OF THE CONTRACT BY THE TALENT
  SERVICE THAT IS NOT RESOLVED TO THE
  SATISFACTION OF THE ARTIST SHOULD BE REFERRED
  TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL
  LAW ENFORCEMENT, AS APPROPRIATE.
                YOUR RIGHT TO CANCEL
             (enter date of transaction)
  You may cancel this contract and obtain a full
  refund, without any penalty or obligation, if
  notice of cancellation is given, in writing,
  within 10 business days from the above date or
  the date on which you commence utilizing the
  services under the contract, whichever is
  longer. For purposes of this section, business
  days are Monday through Friday.
  To cancel this contract, mail or deliver or
  send by facsimile transmission a signed and
  dated copy of the following cancellation notice
  or any other written notice of cancellation to
  (name of talent service) at (address of its
  place of business), fax number (if any), e-mail
  address (if any), and Internet Web site address
  (if any), NOT LATER THAN MIDNIGHT OF (date). If
  the contract was executed in part or in whole
  through the Internet, you may cancel the
  contract by sending the notification to: (e-
  mail address).
                 CANCELLATION NOTICE
           I hereby cancel this contract.
       Dated:
                  Artist Signature.
    If you cancel, all fees you have paid must be
    refunded to you within 10 business days after
     delivery of the cancellation notice to the
                  talent service."

   (6) A statement conspicuously disclosing whether the artist may or
may not obtain a refund after the 10-day cancellation period
described in paragraph (5) has expired.
   (b) Except for contracts executed over the Internet, a contract
subject to this section shall be dated and signed by the artist and
the representative executing the contract on behalf of the talent
service. In the case of a contract executed over the Internet, the
talent service shall give the artist clear and conspicuous notice of
the contract terms and provide to the artist the ability to
acknowledge receipt of the terms before acknowledging agreement
thereto. In any dispute regarding compliance with this subdivision,
the talent service shall have the burden of proving that the artist
received the terms and acknowledged agreement thereto.
   (c) If the talent service offers to list or display information
about an artist, including a photograph, on the service's Internet
Web site, or on a Web site that the talent service has authority to
design or alter, the contract shall contain a notice that the talent
service will remove the listing and content within 10 days of a
request by the artist or, in the case of a minor, the artist's parent
or guardian. The contract shall include a valid telephone number,
mailing address, and e-mail address for the talent service to which a
request for removal may be made.
   (d) A contract between an artist and a talent service shall be
contained in a single document that includes the elements set forth
in this section. A contract subject to this section that does not
comply with subdivisions (a) to (f), inclusive, is voidable at the
election of the artist and may be canceled by the artist at any time
without any penalty or obligation.
   (e) (1) An artist may cancel a contract or within 10 business days
from the date he or she commences utilizing the services under the
contract. An artist shall notify the talent service of the
cancellation for talent services within 10 business days of the date
he or she executed the contract by mailing, delivering, or sending by
facsimile transmission to the talent service, a signed and dated
copy of the cancellation notice or any other written notice of
cancellation, or by sending a notice of cancellation via the Internet
if the contract was executed in part or in whole through the
Internet. A talent service shall refund all fees paid by, or on
behalf of, an artist within 10 business days after delivery of the
cancellation notice.
   (2) Unless a talent service conspicuously discloses in the
contract that cancellation is prohibited after the 10-day
cancellation period described in paragraph (1), an artist may cancel
a contract for talent services at any time after the 10-day
cancellation period by mailing, delivering, or sending by facsimile
transmission to the talent service a signed and dated copy of the
cancellation notice or any other written notice of cancellation, or
by sending a notice of cancellation via the Internet if the contract
was executed in part or in whole through the Internet. Within 10
business days after delivery of the cancellation notice, the talent
service shall refund to the artist on a pro rata basis all fees paid
by, or on behalf of, the artist.
   (f) A contract between an artist and a talent service shall have a
term of not more than one year and shall not be renewed
automatically.
   (g) The talent service shall maintain the address set forth in the
contract for receipt of cancellation and for removal of an Internet
Web site or other listing, unless it furnishes the artist with
written notice of a change of address. Written notice of a change of
address may be done by e-mail if the artist designates an e-mail
address in the contract for purposes of receiving written notice.
   (h) The talent service shall advise a person inquiring about
canceling a contract to follow the written procedures for
cancellation set forth in the contract.
   (i) Before the artist signs a contract and before the artist or
any person acting on his or her behalf becomes obligated to pay or
pays any fee, the talent service shall provide a copy of the contract
to the artist for the artist to keep. If the contract was executed
through the Internet, the talent service may provide a copy of the
contract to the artist by making it available to be downloaded and
printed through the Internet.
   (j) The talent service shall maintain the original executed
contract on file at its place of business.



1703.1.  (a) Every person engaging in the business of a talent
service shall keep and maintain records of the talent service
business, including the following:
   (1) The name and address of each artist contracting with the
talent service.
   (2) The amount of the fees paid by or for the artist during the
term of the contract with the talent service.
   (3) Records described in clause (iv) of subparagraph (A) of
paragraph (2) of subdivision (d) of Section 1701.
   (4) Records described in paragraph (1) of subdivision (b) of
Section 1703.6.
   (5) Records described in subdivision (j) of Section 1703.
   (6) Records described in paragraph (1) of subdivision (a) of
Section 1703.4.
   (7) Records described in paragraph (2) of subdivision (a) of
Section 1703.4.
   (8) Records described in paragraph (2) of subdivision (c) of
Section 1703.4.
   (9) The name, address, date of birth, social security number,
federal tax identification number, and driver's license number and
state of issuance thereof, of the owner of the talent service and of
the corporate officers of the talent service, if it is owned by a
corporation.
   (10) The legal name, principal residence address, date of birth,
and driver's license number and state of issuance thereof, of every
talent scout and the name each talent scout uses while soliciting
artists.
   (11) Any other information that the Labor Commissioner requires.
   (b) All books, records, and other papers kept pursuant to this
chapter by a talent service shall be open for inspection during the
hours between 9 a.m. and 5 p.m., inclusive, Monday to Friday,
inclusive, except legal holidays, by a peace officer or a
representative from the Labor Commissioner, the Attorney General, any
district attorney, or any city attorney. Every talent service shall
furnish to the Labor Commissioner, a law enforcement officer, the
Attorney General, any district attorney, or any city attorney, upon
request, a true copy of those books, records, and papers, or any
portion thereof, and shall make reports as the Labor Commissioner
requires. The inspecting party shall maintain the confidentiality of
any personal identifying information contained in the records
maintained pursuant to this section, and shall not share, sell, or
transfer the information to any third party unless it is otherwise
authorized by state or federal law.
   A written or verbal solicitation or advertisement for an artist to
perform or demonstrate any talent for the talent service, or to
appear for an interview with the talent service, shall include the
following clear and conspicuous statement: "This is not an audition
for employment or for obtaining a talent agent or talent management."



1703.3.  (a) Prior to advertising or engaging in business, a talent
service shall file with the Labor Commissioner a bond in the amount
of fifty thousand dollars ($50,000) or a deposit in lieu of the bond
pursuant to Section 995.710 of the Code of Civil Procedure. The bond
shall be executed by a corporate surety qualified to do business in
this state and conditioned upon compliance with this chapter. The
total aggregate liability on the bond shall be limited to fifty
thousand dollars ($50,000). The bond may be terminated pursuant to
Section 995.440 of, or Article 13 (commencing with Section 996.310)
of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
   (b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be for
the benefit of any person injured by any unlawful act, omission, or
failure to provide the services of the talent service.
   (c) The Labor Commissioner shall charge and collect a filing fee
to cover the cost of filing the bond or deposit.
   (d) (1) Whenever a deposit is made in lieu of the bond otherwise
required by this section, the person asserting the claim against the
deposit shall establish the claim by furnishing evidence to the Labor
Commissioner of injury resulting from an unlawful act, omission, or
failure to provide the services of the talent service or of a money
judgment entered by a court.
   (2) When a claimant has established the claim with the Labor
Commissioner, the Labor Commissioner shall review and approve the
claim and enter the date of the approval thereon. The claim shall be
designated an approved claim.
   (3) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Labor Commissioner.
Subsequent claims that are approved by the Labor Commissioner within
the same 240-day period shall similarly not be paid until the
expiration of that 240-day period. Upon the expiration of the 240-day
period, the Labor Commissioner shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case every approved claim shall be paid a pro rata share of the
deposit.
   (4) Whenever the Labor Commissioner approves the first claim
against a particular deposit after the expiration of a 240-day
period, the date of approval of that claim shall begin a new 240-day
period to which paragraph (3) applies with respect to any amount
remaining in the deposit.
   (5) After a deposit is exhausted, no further claims shall be paid
by the Labor Commissioner. Claimants who have had claims paid in full
or in part pursuant to paragraph (3) or (4) shall not be required to
return funds received from the deposit for the benefit of other
claimants.
   (6) Whenever a deposit has been made in lieu of a bond, the amount
of the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the assignor
of the deposit, other than as to an amount as no longer needed or
required for the purposes of this chapter and that would otherwise be
returned to the assignor of the deposit by the Labor Commissioner.
   (7) The Labor Commissioner shall return a deposit two years from
the date it receives written notification from the assignor of the
deposit that the assignor has ceased to engage in the business or act
in the capacity of a talent service or has filed a bond pursuant to
subdivision (a), provided that there are no outstanding claims
against the deposit. The written notice shall include all of the
following:
   (A) The name, address, and telephone number of the assignor.
   (B) The name, address, and telephone number of the bank at which
the deposit is located.
   (C) The account number of the deposit.
   (D) A statement that the assignor is ceasing to engage in the
business or act in the capacity of a talent service or has filed a
bond with the Labor Commissioner. The Labor Commissioner shall
forward an acknowledgment of receipt of the written notice to the
assignor at the address indicated therein, specifying the date of
receipt of the written notice and the anticipated date of release of
the deposit, provided that there are then no outstanding claims
against the deposit.
   (8) A superior court may order the return of the deposit prior to
the expiration of two years upon evidence satisfactory to the court
that there are no outstanding claims against the deposit, or order
the Labor Commissioner to retain the deposit for a specified period
beyond the two years to resolve outstanding claims against the
deposit.
   (9) This subdivision applies to all deposits retained by the Labor
Commissioner. The Labor Commissioner shall notify each assignor of a
deposit it retains and of the applicability of this section.
   (10) Compliance with Sections 1700.15 and 1700.16 of this code or
Section 1812.503, 1812.510, or 1812.515 of the Civil Code shall not
satisfy the requirements of this section.



1703.4.  (a) A talent service, its owners, directors, officers,
agents, and employees shall not do any of the following:
   (1) Make or cause to be made any advertisement or representation
expressly or impliedly offering the opportunity for an artist to meet
with or audition before any producer, director, casting director, or
any associate thereof, or any other person who makes, or is
represented to make, decisions for the process of hiring artists for
employment as an artist, or any talent agent or talent manager, or
any associate, representative, or designee thereof, unless the talent
service maintains for inspection and copying written evidence of the
supporting facts, including the name, business address, and job
title of all persons conducting the meeting or audition, and the
title of the production and the name of the production company.
   (2) Make or cause to be made any advertisement or representation
that any artist, whether identified or not, has obtained an audition,
employment opportunity, or employment as an artist in whole or in
part by use of the talent service unless the talent service maintains
for inspection written evidence of the supporting facts upon which
the claim is based, including the name of the artist and the
approximate dates the talent service was used by the artist.
   (3) Charge or attempt to charge an artist for an audition or
employment opportunity.
   (4) Require an artist, as a condition for using the talent service
or for obtaining an additional benefit or preferential treatment
from the talent service, to pay a fee for creating or providing
photographs, filmstrips, videotapes, audition tapes, demonstration
reels, or other reproductions of the artist, Internet Web sites,
casting or talent brochures, or other promotional materials for the
artist.
   (5) Charge or attempt to charge an artist any fee not disclosed
pursuant to paragraph (4) of subdivision (a) of Section 1703.
   (6) Refer an artist to a person who charges the artist a fee for
any service or any product in which the talent service, its owners,
directors, officers, agents, or employees have a direct or indirect
financial interest, unless the fee and the financial interest are
conspicuously disclosed in a separate writing provided to the artist
to keep prior to his or her execution of the contract with the talent
service.
   (7) Require an artist, as a condition for using a talent service
or for obtaining any additional benefit or preferential treatment
from the talent service, to pay a fee to any other talent service in
which the talent service, its owners, directors, officers, agents, or
employees have a direct or indirect financial interest.
   (8) Accept any compensation or other consideration for referring
an artist to any person charging the artist a fee.
   (9) Fail to remove information about, or photographs of, the
artist displayed on the talent service's Internet Web site, or a Web
site that the service has the authority to design or alter, within 10
days of delivery of a request made by telephone, mail, facsimile
transmission, or electronic mail from the artist or from a parent or
guardian of the artist if the artist is a minor.
   (b) A talent training service and talent counseling service and
the owners, officers, directors, agents, and employees of the talent
training service or talent counseling service shall not own, operate,
or have a direct or indirect financial interest in a talent listing
service.
   (c) A talent listing service and its owners, officers, directors,
agents, and employees shall not do either of the following:
   (1) Own, operate, or have a direct or indirect financial interest
in a talent training service or a talent counseling service.
   (2) Provide a listing of an audition, job, or employment
opportunity without written permission for the listing. A talent
listing service shall keep and maintain a copy of all original
listings; the name, business address, and business telephone number
of the person granting permission to the talent listing service to
use the listing; and the date the permission was granted.
   (3) Make or cause to be made an advertisement or representation
that includes the trademark, logo, name, word, or phrase of a company
or organization, including a studio, production company, network,
broadcaster, talent agency licensed pursuant to Section 1700.5, labor
union, or organization as defined in Section 1117, in any manner
that falsely or misleadingly suggests the endorsement, sponsorship,
approval, or affiliation of a talent service.



1703.5.  No talent scout shall use the same name as used by any
other talent scout soliciting for the same talent service, and no
talent service shall permit a talent scout to use the same name as
used by any other talent scout soliciting for the talent service.




1703.6.  This article does not apply to any of the following:
   (a) An entity described in subdivisions (a), (b), (d), (e), and
(f) of Section 1702.4.
   (b) (1) A private educational institution established solely for
educational purposes which, as a part of its curriculum, offers
employment counseling to its student body and satisfies either of the
following:
   (A) The institution conforms to the requirements of Article 5
(commencing with Section 33190) of Chapter 2 of Part 20 of Division 2
of Title 2 of the Education Code.
   (B) More than 90 percent of the students to whom instruction,
training, or education is provided during any semester or other term
of instruction have completed or terminated their secondary education
or are beyond the age of compulsory high school attendance. A person
claiming exemption under this subparagraph shall maintain adequate
records to establish the age of its students, including the name,
date of birth, principal residence address, principal telephone
number, driver's license number and state of issuance thereof, and
dates of attendance, and shall make them available for inspection and
copying within 24 hours of a written request by the Labor
Commissioner, the Attorney General, a district attorney, a city
attorney, or a state or local law enforcement agency. The inspecting
party shall maintain the confidentiality of any personal identifying
information contained in the records maintained pursuant to this
section, and shall not share, sell, or transfer the information to
any third party unless it is otherwise authorized by state or federal
law.
   (2) A person claiming an exemption under this subdivision has the
burden of producing evidence to establish the exemption.
   (c) A psychologist or psychological corporation, licensed pursuant
to Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code, that provides psychological
assessment, career or occupational counseling, or consultation and
related professional services within the scope of its practice.
   (d) An educational psychologist, licensed pursuant to Article 1
(commencing with Section 4980) of Chapter 13 of Division 2 of the
Business and Professions Code, who provides counseling services
within the scope of his or her practice.
   (e) A talent listing service, if all of the following apply:
   (1) A majority interest in the service is owned by one or more
colleges or universities, or alumni associations affiliated
therewith, and each of the colleges or universities is accredited by
an accrediting agency recognized by the United States Department of
Education and a member organization of the Council of Postsecondary
Accreditation.
   (2) The service provides services exclusively for artists who are
the alumni of colleges or universities specified in paragraph (1).
   (3) The service does not require, as a condition to receiving
services, an applicant to have completed courses or examinations
beyond the requirements for graduation from the applicant's college
or university specified in paragraph (1).
   (4) More than 50 percent of the annual revenues received by the
service are derived from paid subscriptions of prospective employers.
   (f) A public library.

State Codes and Statutes

Statutes > California > Lab > 1703-1703.6

LABOR CODE
SECTION 1703-1703.6



1703.  (a) Every contract and agreement between an artist and a
talent service shall be in writing, in at least 10-point type, and
contain all of the following provisions:
   (1) The name, address, telephone number, fax number (if any),
e-mail address (if any), and Internet Web site address (if any), of
the talent service, the artist to whom services are to be provided,
and the representative executing the contract on behalf of the talent
service.
   (2) A description of the services to be performed, a statement
when those services are to be provided, and the duration of the
contract.
   (3) Evidence of compliance with applicable bonding requirements,
including the name of the bonding company and the bond number, if
any, and a statement that a bond in the amount of fifty thousand
dollars ($50,000) must be posted with the Labor Commissioner.
   (4) The amount of any fees to be charged to or collected from, or
on behalf of, the artist receiving the services, and the date or
dates when those fees are required to be paid.
   (5) The following statements, in boldface type and in close
proximity to the artist's signature:

  "(Name of talent service) IS A TALENT
  COUNSELING SERVICE, TALENT LISTING SERVICE, OR
  TALENT TRAINING SERVICE (whichever is
  applicable). THIS IS NOT A TALENT AGENCY
  CONTRACT. ONLY A TALENT AGENT LICENSED
  PURSUANT TO SECTION 1700.5 OF THE LABOR CODE
  MAY ENGAGE IN THE OCCUPATION OF PROCURING,
  OFFERING, PROMISING, OR ATTEMPTING TO PROCURE
  EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. (Name
  of talent service) IS PROHIBITED BY LAW FROM
  OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR
  EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU
  WITH TRAINING, COUNSELING, OR LISTING
  INFORMATION (whichever is applicable). FOR MORE
  INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING
  WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF
  THE LABOR CODE. A DISPUTE ARISING OUT OF THE
  PERFORMANCE OF THE CONTRACT BY THE TALENT
  SERVICE THAT IS NOT RESOLVED TO THE
  SATISFACTION OF THE ARTIST SHOULD BE REFERRED
  TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL
  LAW ENFORCEMENT, AS APPROPRIATE.
                YOUR RIGHT TO CANCEL
             (enter date of transaction)
  You may cancel this contract and obtain a full
  refund, without any penalty or obligation, if
  notice of cancellation is given, in writing,
  within 10 business days from the above date or
  the date on which you commence utilizing the
  services under the contract, whichever is
  longer. For purposes of this section, business
  days are Monday through Friday.
  To cancel this contract, mail or deliver or
  send by facsimile transmission a signed and
  dated copy of the following cancellation notice
  or any other written notice of cancellation to
  (name of talent service) at (address of its
  place of business), fax number (if any), e-mail
  address (if any), and Internet Web site address
  (if any), NOT LATER THAN MIDNIGHT OF (date). If
  the contract was executed in part or in whole
  through the Internet, you may cancel the
  contract by sending the notification to: (e-
  mail address).
                 CANCELLATION NOTICE
           I hereby cancel this contract.
       Dated:
                  Artist Signature.
    If you cancel, all fees you have paid must be
    refunded to you within 10 business days after
     delivery of the cancellation notice to the
                  talent service."

   (6) A statement conspicuously disclosing whether the artist may or
may not obtain a refund after the 10-day cancellation period
described in paragraph (5) has expired.
   (b) Except for contracts executed over the Internet, a contract
subject to this section shall be dated and signed by the artist and
the representative executing the contract on behalf of the talent
service. In the case of a contract executed over the Internet, the
talent service shall give the artist clear and conspicuous notice of
the contract terms and provide to the artist the ability to
acknowledge receipt of the terms before acknowledging agreement
thereto. In any dispute regarding compliance with this subdivision,
the talent service shall have the burden of proving that the artist
received the terms and acknowledged agreement thereto.
   (c) If the talent service offers to list or display information
about an artist, including a photograph, on the service's Internet
Web site, or on a Web site that the talent service has authority to
design or alter, the contract shall contain a notice that the talent
service will remove the listing and content within 10 days of a
request by the artist or, in the case of a minor, the artist's parent
or guardian. The contract shall include a valid telephone number,
mailing address, and e-mail address for the talent service to which a
request for removal may be made.
   (d) A contract between an artist and a talent service shall be
contained in a single document that includes the elements set forth
in this section. A contract subject to this section that does not
comply with subdivisions (a) to (f), inclusive, is voidable at the
election of the artist and may be canceled by the artist at any time
without any penalty or obligation.
   (e) (1) An artist may cancel a contract or within 10 business days
from the date he or she commences utilizing the services under the
contract. An artist shall notify the talent service of the
cancellation for talent services within 10 business days of the date
he or she executed the contract by mailing, delivering, or sending by
facsimile transmission to the talent service, a signed and dated
copy of the cancellation notice or any other written notice of
cancellation, or by sending a notice of cancellation via the Internet
if the contract was executed in part or in whole through the
Internet. A talent service shall refund all fees paid by, or on
behalf of, an artist within 10 business days after delivery of the
cancellation notice.
   (2) Unless a talent service conspicuously discloses in the
contract that cancellation is prohibited after the 10-day
cancellation period described in paragraph (1), an artist may cancel
a contract for talent services at any time after the 10-day
cancellation period by mailing, delivering, or sending by facsimile
transmission to the talent service a signed and dated copy of the
cancellation notice or any other written notice of cancellation, or
by sending a notice of cancellation via the Internet if the contract
was executed in part or in whole through the Internet. Within 10
business days after delivery of the cancellation notice, the talent
service shall refund to the artist on a pro rata basis all fees paid
by, or on behalf of, the artist.
   (f) A contract between an artist and a talent service shall have a
term of not more than one year and shall not be renewed
automatically.
   (g) The talent service shall maintain the address set forth in the
contract for receipt of cancellation and for removal of an Internet
Web site or other listing, unless it furnishes the artist with
written notice of a change of address. Written notice of a change of
address may be done by e-mail if the artist designates an e-mail
address in the contract for purposes of receiving written notice.
   (h) The talent service shall advise a person inquiring about
canceling a contract to follow the written procedures for
cancellation set forth in the contract.
   (i) Before the artist signs a contract and before the artist or
any person acting on his or her behalf becomes obligated to pay or
pays any fee, the talent service shall provide a copy of the contract
to the artist for the artist to keep. If the contract was executed
through the Internet, the talent service may provide a copy of the
contract to the artist by making it available to be downloaded and
printed through the Internet.
   (j) The talent service shall maintain the original executed
contract on file at its place of business.



1703.1.  (a) Every person engaging in the business of a talent
service shall keep and maintain records of the talent service
business, including the following:
   (1) The name and address of each artist contracting with the
talent service.
   (2) The amount of the fees paid by or for the artist during the
term of the contract with the talent service.
   (3) Records described in clause (iv) of subparagraph (A) of
paragraph (2) of subdivision (d) of Section 1701.
   (4) Records described in paragraph (1) of subdivision (b) of
Section 1703.6.
   (5) Records described in subdivision (j) of Section 1703.
   (6) Records described in paragraph (1) of subdivision (a) of
Section 1703.4.
   (7) Records described in paragraph (2) of subdivision (a) of
Section 1703.4.
   (8) Records described in paragraph (2) of subdivision (c) of
Section 1703.4.
   (9) The name, address, date of birth, social security number,
federal tax identification number, and driver's license number and
state of issuance thereof, of the owner of the talent service and of
the corporate officers of the talent service, if it is owned by a
corporation.
   (10) The legal name, principal residence address, date of birth,
and driver's license number and state of issuance thereof, of every
talent scout and the name each talent scout uses while soliciting
artists.
   (11) Any other information that the Labor Commissioner requires.
   (b) All books, records, and other papers kept pursuant to this
chapter by a talent service shall be open for inspection during the
hours between 9 a.m. and 5 p.m., inclusive, Monday to Friday,
inclusive, except legal holidays, by a peace officer or a
representative from the Labor Commissioner, the Attorney General, any
district attorney, or any city attorney. Every talent service shall
furnish to the Labor Commissioner, a law enforcement officer, the
Attorney General, any district attorney, or any city attorney, upon
request, a true copy of those books, records, and papers, or any
portion thereof, and shall make reports as the Labor Commissioner
requires. The inspecting party shall maintain the confidentiality of
any personal identifying information contained in the records
maintained pursuant to this section, and shall not share, sell, or
transfer the information to any third party unless it is otherwise
authorized by state or federal law.
   A written or verbal solicitation or advertisement for an artist to
perform or demonstrate any talent for the talent service, or to
appear for an interview with the talent service, shall include the
following clear and conspicuous statement: "This is not an audition
for employment or for obtaining a talent agent or talent management."



1703.3.  (a) Prior to advertising or engaging in business, a talent
service shall file with the Labor Commissioner a bond in the amount
of fifty thousand dollars ($50,000) or a deposit in lieu of the bond
pursuant to Section 995.710 of the Code of Civil Procedure. The bond
shall be executed by a corporate surety qualified to do business in
this state and conditioned upon compliance with this chapter. The
total aggregate liability on the bond shall be limited to fifty
thousand dollars ($50,000). The bond may be terminated pursuant to
Section 995.440 of, or Article 13 (commencing with Section 996.310)
of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
   (b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be for
the benefit of any person injured by any unlawful act, omission, or
failure to provide the services of the talent service.
   (c) The Labor Commissioner shall charge and collect a filing fee
to cover the cost of filing the bond or deposit.
   (d) (1) Whenever a deposit is made in lieu of the bond otherwise
required by this section, the person asserting the claim against the
deposit shall establish the claim by furnishing evidence to the Labor
Commissioner of injury resulting from an unlawful act, omission, or
failure to provide the services of the talent service or of a money
judgment entered by a court.
   (2) When a claimant has established the claim with the Labor
Commissioner, the Labor Commissioner shall review and approve the
claim and enter the date of the approval thereon. The claim shall be
designated an approved claim.
   (3) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Labor Commissioner.
Subsequent claims that are approved by the Labor Commissioner within
the same 240-day period shall similarly not be paid until the
expiration of that 240-day period. Upon the expiration of the 240-day
period, the Labor Commissioner shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case every approved claim shall be paid a pro rata share of the
deposit.
   (4) Whenever the Labor Commissioner approves the first claim
against a particular deposit after the expiration of a 240-day
period, the date of approval of that claim shall begin a new 240-day
period to which paragraph (3) applies with respect to any amount
remaining in the deposit.
   (5) After a deposit is exhausted, no further claims shall be paid
by the Labor Commissioner. Claimants who have had claims paid in full
or in part pursuant to paragraph (3) or (4) shall not be required to
return funds received from the deposit for the benefit of other
claimants.
   (6) Whenever a deposit has been made in lieu of a bond, the amount
of the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the assignor
of the deposit, other than as to an amount as no longer needed or
required for the purposes of this chapter and that would otherwise be
returned to the assignor of the deposit by the Labor Commissioner.
   (7) The Labor Commissioner shall return a deposit two years from
the date it receives written notification from the assignor of the
deposit that the assignor has ceased to engage in the business or act
in the capacity of a talent service or has filed a bond pursuant to
subdivision (a), provided that there are no outstanding claims
against the deposit. The written notice shall include all of the
following:
   (A) The name, address, and telephone number of the assignor.
   (B) The name, address, and telephone number of the bank at which
the deposit is located.
   (C) The account number of the deposit.
   (D) A statement that the assignor is ceasing to engage in the
business or act in the capacity of a talent service or has filed a
bond with the Labor Commissioner. The Labor Commissioner shall
forward an acknowledgment of receipt of the written notice to the
assignor at the address indicated therein, specifying the date of
receipt of the written notice and the anticipated date of release of
the deposit, provided that there are then no outstanding claims
against the deposit.
   (8) A superior court may order the return of the deposit prior to
the expiration of two years upon evidence satisfactory to the court
that there are no outstanding claims against the deposit, or order
the Labor Commissioner to retain the deposit for a specified period
beyond the two years to resolve outstanding claims against the
deposit.
   (9) This subdivision applies to all deposits retained by the Labor
Commissioner. The Labor Commissioner shall notify each assignor of a
deposit it retains and of the applicability of this section.
   (10) Compliance with Sections 1700.15 and 1700.16 of this code or
Section 1812.503, 1812.510, or 1812.515 of the Civil Code shall not
satisfy the requirements of this section.



1703.4.  (a) A talent service, its owners, directors, officers,
agents, and employees shall not do any of the following:
   (1) Make or cause to be made any advertisement or representation
expressly or impliedly offering the opportunity for an artist to meet
with or audition before any producer, director, casting director, or
any associate thereof, or any other person who makes, or is
represented to make, decisions for the process of hiring artists for
employment as an artist, or any talent agent or talent manager, or
any associate, representative, or designee thereof, unless the talent
service maintains for inspection and copying written evidence of the
supporting facts, including the name, business address, and job
title of all persons conducting the meeting or audition, and the
title of the production and the name of the production company.
   (2) Make or cause to be made any advertisement or representation
that any artist, whether identified or not, has obtained an audition,
employment opportunity, or employment as an artist in whole or in
part by use of the talent service unless the talent service maintains
for inspection written evidence of the supporting facts upon which
the claim is based, including the name of the artist and the
approximate dates the talent service was used by the artist.
   (3) Charge or attempt to charge an artist for an audition or
employment opportunity.
   (4) Require an artist, as a condition for using the talent service
or for obtaining an additional benefit or preferential treatment
from the talent service, to pay a fee for creating or providing
photographs, filmstrips, videotapes, audition tapes, demonstration
reels, or other reproductions of the artist, Internet Web sites,
casting or talent brochures, or other promotional materials for the
artist.
   (5) Charge or attempt to charge an artist any fee not disclosed
pursuant to paragraph (4) of subdivision (a) of Section 1703.
   (6) Refer an artist to a person who charges the artist a fee for
any service or any product in which the talent service, its owners,
directors, officers, agents, or employees have a direct or indirect
financial interest, unless the fee and the financial interest are
conspicuously disclosed in a separate writing provided to the artist
to keep prior to his or her execution of the contract with the talent
service.
   (7) Require an artist, as a condition for using a talent service
or for obtaining any additional benefit or preferential treatment
from the talent service, to pay a fee to any other talent service in
which the talent service, its owners, directors, officers, agents, or
employees have a direct or indirect financial interest.
   (8) Accept any compensation or other consideration for referring
an artist to any person charging the artist a fee.
   (9) Fail to remove information about, or photographs of, the
artist displayed on the talent service's Internet Web site, or a Web
site that the service has the authority to design or alter, within 10
days of delivery of a request made by telephone, mail, facsimile
transmission, or electronic mail from the artist or from a parent or
guardian of the artist if the artist is a minor.
   (b) A talent training service and talent counseling service and
the owners, officers, directors, agents, and employees of the talent
training service or talent counseling service shall not own, operate,
or have a direct or indirect financial interest in a talent listing
service.
   (c) A talent listing service and its owners, officers, directors,
agents, and employees shall not do either of the following:
   (1) Own, operate, or have a direct or indirect financial interest
in a talent training service or a talent counseling service.
   (2) Provide a listing of an audition, job, or employment
opportunity without written permission for the listing. A talent
listing service shall keep and maintain a copy of all original
listings; the name, business address, and business telephone number
of the person granting permission to the talent listing service to
use the listing; and the date the permission was granted.
   (3) Make or cause to be made an advertisement or representation
that includes the trademark, logo, name, word, or phrase of a company
or organization, including a studio, production company, network,
broadcaster, talent agency licensed pursuant to Section 1700.5, labor
union, or organization as defined in Section 1117, in any manner
that falsely or misleadingly suggests the endorsement, sponsorship,
approval, or affiliation of a talent service.



1703.5.  No talent scout shall use the same name as used by any
other talent scout soliciting for the same talent service, and no
talent service shall permit a talent scout to use the same name as
used by any other talent scout soliciting for the talent service.




1703.6.  This article does not apply to any of the following:
   (a) An entity described in subdivisions (a), (b), (d), (e), and
(f) of Section 1702.4.
   (b) (1) A private educational institution established solely for
educational purposes which, as a part of its curriculum, offers
employment counseling to its student body and satisfies either of the
following:
   (A) The institution conforms to the requirements of Article 5
(commencing with Section 33190) of Chapter 2 of Part 20 of Division 2
of Title 2 of the Education Code.
   (B) More than 90 percent of the students to whom instruction,
training, or education is provided during any semester or other term
of instruction have completed or terminated their secondary education
or are beyond the age of compulsory high school attendance. A person
claiming exemption under this subparagraph shall maintain adequate
records to establish the age of its students, including the name,
date of birth, principal residence address, principal telephone
number, driver's license number and state of issuance thereof, and
dates of attendance, and shall make them available for inspection and
copying within 24 hours of a written request by the Labor
Commissioner, the Attorney General, a district attorney, a city
attorney, or a state or local law enforcement agency. The inspecting
party shall maintain the confidentiality of any personal identifying
information contained in the records maintained pursuant to this
section, and shall not share, sell, or transfer the information to
any third party unless it is otherwise authorized by state or federal
law.
   (2) A person claiming an exemption under this subdivision has the
burden of producing evidence to establish the exemption.
   (c) A psychologist or psychological corporation, licensed pursuant
to Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code, that provides psychological
assessment, career or occupational counseling, or consultation and
related professional services within the scope of its practice.
   (d) An educational psychologist, licensed pursuant to Article 1
(commencing with Section 4980) of Chapter 13 of Division 2 of the
Business and Professions Code, who provides counseling services
within the scope of his or her practice.
   (e) A talent listing service, if all of the following apply:
   (1) A majority interest in the service is owned by one or more
colleges or universities, or alumni associations affiliated
therewith, and each of the colleges or universities is accredited by
an accrediting agency recognized by the United States Department of
Education and a member organization of the Council of Postsecondary
Accreditation.
   (2) The service provides services exclusively for artists who are
the alumni of colleges or universities specified in paragraph (1).
   (3) The service does not require, as a condition to receiving
services, an applicant to have completed courses or examinations
beyond the requirements for graduation from the applicant's college
or university specified in paragraph (1).
   (4) More than 50 percent of the annual revenues received by the
service are derived from paid subscriptions of prospective employers.
   (f) A public library.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Lab > 1703-1703.6

LABOR CODE
SECTION 1703-1703.6



1703.  (a) Every contract and agreement between an artist and a
talent service shall be in writing, in at least 10-point type, and
contain all of the following provisions:
   (1) The name, address, telephone number, fax number (if any),
e-mail address (if any), and Internet Web site address (if any), of
the talent service, the artist to whom services are to be provided,
and the representative executing the contract on behalf of the talent
service.
   (2) A description of the services to be performed, a statement
when those services are to be provided, and the duration of the
contract.
   (3) Evidence of compliance with applicable bonding requirements,
including the name of the bonding company and the bond number, if
any, and a statement that a bond in the amount of fifty thousand
dollars ($50,000) must be posted with the Labor Commissioner.
   (4) The amount of any fees to be charged to or collected from, or
on behalf of, the artist receiving the services, and the date or
dates when those fees are required to be paid.
   (5) The following statements, in boldface type and in close
proximity to the artist's signature:

  "(Name of talent service) IS A TALENT
  COUNSELING SERVICE, TALENT LISTING SERVICE, OR
  TALENT TRAINING SERVICE (whichever is
  applicable). THIS IS NOT A TALENT AGENCY
  CONTRACT. ONLY A TALENT AGENT LICENSED
  PURSUANT TO SECTION 1700.5 OF THE LABOR CODE
  MAY ENGAGE IN THE OCCUPATION OF PROCURING,
  OFFERING, PROMISING, OR ATTEMPTING TO PROCURE
  EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. (Name
  of talent service) IS PROHIBITED BY LAW FROM
  OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR
  EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU
  WITH TRAINING, COUNSELING, OR LISTING
  INFORMATION (whichever is applicable). FOR MORE
  INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING
  WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF
  THE LABOR CODE. A DISPUTE ARISING OUT OF THE
  PERFORMANCE OF THE CONTRACT BY THE TALENT
  SERVICE THAT IS NOT RESOLVED TO THE
  SATISFACTION OF THE ARTIST SHOULD BE REFERRED
  TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL
  LAW ENFORCEMENT, AS APPROPRIATE.
                YOUR RIGHT TO CANCEL
             (enter date of transaction)
  You may cancel this contract and obtain a full
  refund, without any penalty or obligation, if
  notice of cancellation is given, in writing,
  within 10 business days from the above date or
  the date on which you commence utilizing the
  services under the contract, whichever is
  longer. For purposes of this section, business
  days are Monday through Friday.
  To cancel this contract, mail or deliver or
  send by facsimile transmission a signed and
  dated copy of the following cancellation notice
  or any other written notice of cancellation to
  (name of talent service) at (address of its
  place of business), fax number (if any), e-mail
  address (if any), and Internet Web site address
  (if any), NOT LATER THAN MIDNIGHT OF (date). If
  the contract was executed in part or in whole
  through the Internet, you may cancel the
  contract by sending the notification to: (e-
  mail address).
                 CANCELLATION NOTICE
           I hereby cancel this contract.
       Dated:
                  Artist Signature.
    If you cancel, all fees you have paid must be
    refunded to you within 10 business days after
     delivery of the cancellation notice to the
                  talent service."

   (6) A statement conspicuously disclosing whether the artist may or
may not obtain a refund after the 10-day cancellation period
described in paragraph (5) has expired.
   (b) Except for contracts executed over the Internet, a contract
subject to this section shall be dated and signed by the artist and
the representative executing the contract on behalf of the talent
service. In the case of a contract executed over the Internet, the
talent service shall give the artist clear and conspicuous notice of
the contract terms and provide to the artist the ability to
acknowledge receipt of the terms before acknowledging agreement
thereto. In any dispute regarding compliance with this subdivision,
the talent service shall have the burden of proving that the artist
received the terms and acknowledged agreement thereto.
   (c) If the talent service offers to list or display information
about an artist, including a photograph, on the service's Internet
Web site, or on a Web site that the talent service has authority to
design or alter, the contract shall contain a notice that the talent
service will remove the listing and content within 10 days of a
request by the artist or, in the case of a minor, the artist's parent
or guardian. The contract shall include a valid telephone number,
mailing address, and e-mail address for the talent service to which a
request for removal may be made.
   (d) A contract between an artist and a talent service shall be
contained in a single document that includes the elements set forth
in this section. A contract subject to this section that does not
comply with subdivisions (a) to (f), inclusive, is voidable at the
election of the artist and may be canceled by the artist at any time
without any penalty or obligation.
   (e) (1) An artist may cancel a contract or within 10 business days
from the date he or she commences utilizing the services under the
contract. An artist shall notify the talent service of the
cancellation for talent services within 10 business days of the date
he or she executed the contract by mailing, delivering, or sending by
facsimile transmission to the talent service, a signed and dated
copy of the cancellation notice or any other written notice of
cancellation, or by sending a notice of cancellation via the Internet
if the contract was executed in part or in whole through the
Internet. A talent service shall refund all fees paid by, or on
behalf of, an artist within 10 business days after delivery of the
cancellation notice.
   (2) Unless a talent service conspicuously discloses in the
contract that cancellation is prohibited after the 10-day
cancellation period described in paragraph (1), an artist may cancel
a contract for talent services at any time after the 10-day
cancellation period by mailing, delivering, or sending by facsimile
transmission to the talent service a signed and dated copy of the
cancellation notice or any other written notice of cancellation, or
by sending a notice of cancellation via the Internet if the contract
was executed in part or in whole through the Internet. Within 10
business days after delivery of the cancellation notice, the talent
service shall refund to the artist on a pro rata basis all fees paid
by, or on behalf of, the artist.
   (f) A contract between an artist and a talent service shall have a
term of not more than one year and shall not be renewed
automatically.
   (g) The talent service shall maintain the address set forth in the
contract for receipt of cancellation and for removal of an Internet
Web site or other listing, unless it furnishes the artist with
written notice of a change of address. Written notice of a change of
address may be done by e-mail if the artist designates an e-mail
address in the contract for purposes of receiving written notice.
   (h) The talent service shall advise a person inquiring about
canceling a contract to follow the written procedures for
cancellation set forth in the contract.
   (i) Before the artist signs a contract and before the artist or
any person acting on his or her behalf becomes obligated to pay or
pays any fee, the talent service shall provide a copy of the contract
to the artist for the artist to keep. If the contract was executed
through the Internet, the talent service may provide a copy of the
contract to the artist by making it available to be downloaded and
printed through the Internet.
   (j) The talent service shall maintain the original executed
contract on file at its place of business.



1703.1.  (a) Every person engaging in the business of a talent
service shall keep and maintain records of the talent service
business, including the following:
   (1) The name and address of each artist contracting with the
talent service.
   (2) The amount of the fees paid by or for the artist during the
term of the contract with the talent service.
   (3) Records described in clause (iv) of subparagraph (A) of
paragraph (2) of subdivision (d) of Section 1701.
   (4) Records described in paragraph (1) of subdivision (b) of
Section 1703.6.
   (5) Records described in subdivision (j) of Section 1703.
   (6) Records described in paragraph (1) of subdivision (a) of
Section 1703.4.
   (7) Records described in paragraph (2) of subdivision (a) of
Section 1703.4.
   (8) Records described in paragraph (2) of subdivision (c) of
Section 1703.4.
   (9) The name, address, date of birth, social security number,
federal tax identification number, and driver's license number and
state of issuance thereof, of the owner of the talent service and of
the corporate officers of the talent service, if it is owned by a
corporation.
   (10) The legal name, principal residence address, date of birth,
and driver's license number and state of issuance thereof, of every
talent scout and the name each talent scout uses while soliciting
artists.
   (11) Any other information that the Labor Commissioner requires.
   (b) All books, records, and other papers kept pursuant to this
chapter by a talent service shall be open for inspection during the
hours between 9 a.m. and 5 p.m., inclusive, Monday to Friday,
inclusive, except legal holidays, by a peace officer or a
representative from the Labor Commissioner, the Attorney General, any
district attorney, or any city attorney. Every talent service shall
furnish to the Labor Commissioner, a law enforcement officer, the
Attorney General, any district attorney, or any city attorney, upon
request, a true copy of those books, records, and papers, or any
portion thereof, and shall make reports as the Labor Commissioner
requires. The inspecting party shall maintain the confidentiality of
any personal identifying information contained in the records
maintained pursuant to this section, and shall not share, sell, or
transfer the information to any third party unless it is otherwise
authorized by state or federal law.
   A written or verbal solicitation or advertisement for an artist to
perform or demonstrate any talent for the talent service, or to
appear for an interview with the talent service, shall include the
following clear and conspicuous statement: "This is not an audition
for employment or for obtaining a talent agent or talent management."



1703.3.  (a) Prior to advertising or engaging in business, a talent
service shall file with the Labor Commissioner a bond in the amount
of fifty thousand dollars ($50,000) or a deposit in lieu of the bond
pursuant to Section 995.710 of the Code of Civil Procedure. The bond
shall be executed by a corporate surety qualified to do business in
this state and conditioned upon compliance with this chapter. The
total aggregate liability on the bond shall be limited to fifty
thousand dollars ($50,000). The bond may be terminated pursuant to
Section 995.440 of, or Article 13 (commencing with Section 996.310)
of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
   (b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be for
the benefit of any person injured by any unlawful act, omission, or
failure to provide the services of the talent service.
   (c) The Labor Commissioner shall charge and collect a filing fee
to cover the cost of filing the bond or deposit.
   (d) (1) Whenever a deposit is made in lieu of the bond otherwise
required by this section, the person asserting the claim against the
deposit shall establish the claim by furnishing evidence to the Labor
Commissioner of injury resulting from an unlawful act, omission, or
failure to provide the services of the talent service or of a money
judgment entered by a court.
   (2) When a claimant has established the claim with the Labor
Commissioner, the Labor Commissioner shall review and approve the
claim and enter the date of the approval thereon. The claim shall be
designated an approved claim.
   (3) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Labor Commissioner.
Subsequent claims that are approved by the Labor Commissioner within
the same 240-day period shall similarly not be paid until the
expiration of that 240-day period. Upon the expiration of the 240-day
period, the Labor Commissioner shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case every approved claim shall be paid a pro rata share of the
deposit.
   (4) Whenever the Labor Commissioner approves the first claim
against a particular deposit after the expiration of a 240-day
period, the date of approval of that claim shall begin a new 240-day
period to which paragraph (3) applies with respect to any amount
remaining in the deposit.
   (5) After a deposit is exhausted, no further claims shall be paid
by the Labor Commissioner. Claimants who have had claims paid in full
or in part pursuant to paragraph (3) or (4) shall not be required to
return funds received from the deposit for the benefit of other
claimants.
   (6) Whenever a deposit has been made in lieu of a bond, the amount
of the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the assignor
of the deposit, other than as to an amount as no longer needed or
required for the purposes of this chapter and that would otherwise be
returned to the assignor of the deposit by the Labor Commissioner.
   (7) The Labor Commissioner shall return a deposit two years from
the date it receives written notification from the assignor of the
deposit that the assignor has ceased to engage in the business or act
in the capacity of a talent service or has filed a bond pursuant to
subdivision (a), provided that there are no outstanding claims
against the deposit. The written notice shall include all of the
following:
   (A) The name, address, and telephone number of the assignor.
   (B) The name, address, and telephone number of the bank at which
the deposit is located.
   (C) The account number of the deposit.
   (D) A statement that the assignor is ceasing to engage in the
business or act in the capacity of a talent service or has filed a
bond with the Labor Commissioner. The Labor Commissioner shall
forward an acknowledgment of receipt of the written notice to the
assignor at the address indicated therein, specifying the date of
receipt of the written notice and the anticipated date of release of
the deposit, provided that there are then no outstanding claims
against the deposit.
   (8) A superior court may order the return of the deposit prior to
the expiration of two years upon evidence satisfactory to the court
that there are no outstanding claims against the deposit, or order
the Labor Commissioner to retain the deposit for a specified period
beyond the two years to resolve outstanding claims against the
deposit.
   (9) This subdivision applies to all deposits retained by the Labor
Commissioner. The Labor Commissioner shall notify each assignor of a
deposit it retains and of the applicability of this section.
   (10) Compliance with Sections 1700.15 and 1700.16 of this code or
Section 1812.503, 1812.510, or 1812.515 of the Civil Code shall not
satisfy the requirements of this section.



1703.4.  (a) A talent service, its owners, directors, officers,
agents, and employees shall not do any of the following:
   (1) Make or cause to be made any advertisement or representation
expressly or impliedly offering the opportunity for an artist to meet
with or audition before any producer, director, casting director, or
any associate thereof, or any other person who makes, or is
represented to make, decisions for the process of hiring artists for
employment as an artist, or any talent agent or talent manager, or
any associate, representative, or designee thereof, unless the talent
service maintains for inspection and copying written evidence of the
supporting facts, including the name, business address, and job
title of all persons conducting the meeting or audition, and the
title of the production and the name of the production company.
   (2) Make or cause to be made any advertisement or representation
that any artist, whether identified or not, has obtained an audition,
employment opportunity, or employment as an artist in whole or in
part by use of the talent service unless the talent service maintains
for inspection written evidence of the supporting facts upon which
the claim is based, including the name of the artist and the
approximate dates the talent service was used by the artist.
   (3) Charge or attempt to charge an artist for an audition or
employment opportunity.
   (4) Require an artist, as a condition for using the talent service
or for obtaining an additional benefit or preferential treatment
from the talent service, to pay a fee for creating or providing
photographs, filmstrips, videotapes, audition tapes, demonstration
reels, or other reproductions of the artist, Internet Web sites,
casting or talent brochures, or other promotional materials for the
artist.
   (5) Charge or attempt to charge an artist any fee not disclosed
pursuant to paragraph (4) of subdivision (a) of Section 1703.
   (6) Refer an artist to a person who charges the artist a fee for
any service or any product in which the talent service, its owners,
directors, officers, agents, or employees have a direct or indirect
financial interest, unless the fee and the financial interest are
conspicuously disclosed in a separate writing provided to the artist
to keep prior to his or her execution of the contract with the talent
service.
   (7) Require an artist, as a condition for using a talent service
or for obtaining any additional benefit or preferential treatment
from the talent service, to pay a fee to any other talent service in
which the talent service, its owners, directors, officers, agents, or
employees have a direct or indirect financial interest.
   (8) Accept any compensation or other consideration for referring
an artist to any person charging the artist a fee.
   (9) Fail to remove information about, or photographs of, the
artist displayed on the talent service's Internet Web site, or a Web
site that the service has the authority to design or alter, within 10
days of delivery of a request made by telephone, mail, facsimile
transmission, or electronic mail from the artist or from a parent or
guardian of the artist if the artist is a minor.
   (b) A talent training service and talent counseling service and
the owners, officers, directors, agents, and employees of the talent
training service or talent counseling service shall not own, operate,
or have a direct or indirect financial interest in a talent listing
service.
   (c) A talent listing service and its owners, officers, directors,
agents, and employees shall not do either of the following:
   (1) Own, operate, or have a direct or indirect financial interest
in a talent training service or a talent counseling service.
   (2) Provide a listing of an audition, job, or employment
opportunity without written permission for the listing. A talent
listing service shall keep and maintain a copy of all original
listings; the name, business address, and business telephone number
of the person granting permission to the talent listing service to
use the listing; and the date the permission was granted.
   (3) Make or cause to be made an advertisement or representation
that includes the trademark, logo, name, word, or phrase of a company
or organization, including a studio, production company, network,
broadcaster, talent agency licensed pursuant to Section 1700.5, labor
union, or organization as defined in Section 1117, in any manner
that falsely or misleadingly suggests the endorsement, sponsorship,
approval, or affiliation of a talent service.



1703.5.  No talent scout shall use the same name as used by any
other talent scout soliciting for the same talent service, and no
talent service shall permit a talent scout to use the same name as
used by any other talent scout soliciting for the talent service.




1703.6.  This article does not apply to any of the following:
   (a) An entity described in subdivisions (a), (b), (d), (e), and
(f) of Section 1702.4.
   (b) (1) A private educational institution established solely for
educational purposes which, as a part of its curriculum, offers
employment counseling to its student body and satisfies either of the
following:
   (A) The institution conforms to the requirements of Article 5
(commencing with Section 33190) of Chapter 2 of Part 20 of Division 2
of Title 2 of the Education Code.
   (B) More than 90 percent of the students to whom instruction,
training, or education is provided during any semester or other term
of instruction have completed or terminated their secondary education
or are beyond the age of compulsory high school attendance. A person
claiming exemption under this subparagraph shall maintain adequate
records to establish the age of its students, including the name,
date of birth, principal residence address, principal telephone
number, driver's license number and state of issuance thereof, and
dates of attendance, and shall make them available for inspection and
copying within 24 hours of a written request by the Labor
Commissioner, the Attorney General, a district attorney, a city
attorney, or a state or local law enforcement agency. The inspecting
party shall maintain the confidentiality of any personal identifying
information contained in the records maintained pursuant to this
section, and shall not share, sell, or transfer the information to
any third party unless it is otherwise authorized by state or federal
law.
   (2) A person claiming an exemption under this subdivision has the
burden of producing evidence to establish the exemption.
   (c) A psychologist or psychological corporation, licensed pursuant
to Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code, that provides psychological
assessment, career or occupational counseling, or consultation and
related professional services within the scope of its practice.
   (d) An educational psychologist, licensed pursuant to Article 1
(commencing with Section 4980) of Chapter 13 of Division 2 of the
Business and Professions Code, who provides counseling services
within the scope of his or her practice.
   (e) A talent listing service, if all of the following apply:
   (1) A majority interest in the service is owned by one or more
colleges or universities, or alumni associations affiliated
therewith, and each of the colleges or universities is accredited by
an accrediting agency recognized by the United States Department of
Education and a member organization of the Council of Postsecondary
Accreditation.
   (2) The service provides services exclusively for artists who are
the alumni of colleges or universities specified in paragraph (1).
   (3) The service does not require, as a condition to receiving
services, an applicant to have completed courses or examinations
beyond the requirements for graduation from the applicant's college
or university specified in paragraph (1).
   (4) More than 50 percent of the annual revenues received by the
service are derived from paid subscriptions of prospective employers.
   (f) A public library.