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Styne v. Stevens2/8/2000
tists seeking employment against abuses by talent agents. (Buchwald v. Superior Court (1967) 254 Cal.App.2d 347, 350-351 (Buchwald).)
A personal manager is not covered by the Act or other statutory licensing scheme. (Waisbren v. Peppercorn Productions, Inc. (1995) 41 Cal.App.4th 246, 252.) The primary function of the personal manager is to advise, counsel, direct, and coordinate in the development of the artist's career. (Ibid.) The manager's task encompasses attending to the artist's finances and organizing the economic elements of the artist's personal and creative life in order to enable the client to produce the creative product. (Ibid.) Even incidental or occasional procurement of employment, however, subjects a party to the Act's licensing scheme. (Id. at p. 261; but see Wachs v. Curry (1993) 13 Cal.App.4th 616, 628 [employment procurement must be a significant part of the agent's business as a whole, in order to subject him to the Act's licensing requirement].) If the party procuring employment is unlicensed, his agreement with the artist is illegal and void. (Waisbren v. Peppercorn Productions, Inc., supra, at p. 262.)
The evidence, partially recounted above, presents numerous issues, factual and legal, which must be resolved in the present case in order to determine whether a violation of the Act has occurred. They include not only the extent of Styne's services on Stevens's behalf, but also whether those types of services are covered by the Act. In addition, the evidence raises issues concerning whether Stevens's involvement was that of an artist, as that term is defined in the Act. That is, whether one who is paid to supply her product to a shopping network and who promotes the product on the same network is performing in the role of an artist. The issue is apparently one of first impression.
This case illustrates the value of the administrative proceeding. Both the underlying facts and the proper application of the Act were strongly contested. Under the statutory scheme, the Labor Commissioner, a forum familiar with entertainment enterprises, should have had an opportunity to determine the issues in the first instance. In bypassing the administrative remedy, the parties deprive the court of the Labor Commissioner's expertise in this area as well as a fuller development of the underlying facts. While review of the administrative proceeding is de novo (§ 1700.44, subd. (a)), the proceeding is nevertheless an important step, especially where the case raises novel issues.
We do not reach the issue of whether the parties' agreements violated the Act. Even assuming they did, the issues were for the Labor Commissioner.
2. Jurisdiction to determine the validity of talent agent-artist contracts
Section 1700.44, subdivision (a) provides: "In cases of controversy arising under this chapter, the parties involved shall refer the matter in dispute to the Labor Commissioner, who shall hear and determine the same, subject to an appeal within 10 days after determination, to the superior court where the same shall be heard de novo."
"The Talent Agencies Act (§§ 1700-1700.47) is a remedial statute designed to protect those seeking employment. [Citation.] The Commissioner has the authority to hear and determine various disputes, including the validity of artists' manager-artist contracts and the liability of the parties thereunder. [Citation.] The reference of disputes involving the act to the Commissioner is mandatory. [Citation.] Disputes must be heard by the Commissioner, and all remedies before the Commissioner must be exhausted before the parties can proceed to the superior court. [Citation.]" (REO Broadcasting Consultants v. Mart
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