Production Incentives

One must first differentiate between an agent and a manager – they are not the same. According to the California Labor Code, an agent (or agency) is “a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist or artists.” So, the agent’s mandate is to find work for the talent. A talent manager’s mandate, by contrast, is to “counsel or direct artists in the development of their professional careers”. Whether or not assuming the role and mandate of an agent is regulated depends on the jurisdiction. In California, the California Labor Code and Code of Regulation (Title 8) regulates talent agency and prohibits anyone from assuming such a role or mandate “without first procuring a license therefore from the Labor Commissioner” (§ 1700.5 California Labor Code). The same is NOT true of talent management, which is an unregulated occupation. Therefore, anyone can assume the role and mandate of a manager without
the need to obtain a license. However, beware to the talent managers who go beyond the call of duty and actually seek to secure work for their clients. The act of soliciting work for their clients removes them from the realm of management and parachutes them into the realm of agency – without a license, the manager is breaking the law. In Canada, only the Province of British Columbia regulates talent agency and requires agents to obtain licenses from the B.C. Ministry of Labour’s Director of Employment (ss 38 and 38.1 Regulation to BC Employment Standards Act).