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{
    "pk": 60224,
    "title": "\"An Offer California Can't Refuse\": How an Efficient and Adaptable Framework Can Improve Remedies Under the Talent Agency Act and Correct the Issues With its Interpretation",
    "subtitle": null,
    "abstract": "California has a longstanding issue with the Talent Agency Act, which\n \nstates that only a licensed agent may seek out, or procure, employment\n \nfor an artist. The TAA has caused major headaches for Hollywood's\n \npersonal managers, who find their contracts with artists voided for engaging\n \nin even minor acts of procurement. Many commentators initially\n \nbelieved that \nMarathon Entertainment Inc. v. Blasi\n solved the dilemma.\n \nHowever, it turns out that the Labor Commissioner, who has\n \nexclusive jurisdiction to hear claims arising under the TAA, continues\n \nto void contracts between California's personal managers and their clients\n \nat an alarming rate. Personal managers disapprove of the Labor\n \nCommissioner's failure to employ the doctrine of severability, as advised\n \nby the Blasi court, to these contracts. In response, the personal\n \nmanagers recently filed a challenge to the constitutionality of the TAA.\n \nThe United States District Court for the Central District of California,\n \nhowever, dismissed the claim and upheld the constitutionality of the\n \ncontroversial Act. Because this debate spans over one hundred years,\n \nand the constitutional challenge was unsuccessful, the authors of this\n \ncomment advocate a two-fold approach to correcting the dilemma: (1)\n \nplace the burden of production in Labor Commissioner hearings on the\n \nartist to prove that the entire manager contract should be voided, and\n \n(2) assess statutory civil penalties to those personal managers who willfully\n \nviolate the TAA by procuring employment. The authors of this\n \nComment argue that the California legislature should consider applying\n \nthis approach because it is not only easily adaptable, but also in line\n \nwith the true purpose of the TAA.",
    "language": "en",
    "license": {
        "name": "",
        "short_name": "",
        "text": null,
        "url": ""
    },
    "keywords": [],
    "section": "Articles",
    "is_remote": true,
    "remote_url": "https://escholarship.org/uc/item/6f89g4q9",
    "frozenauthors": [
        {
            "first_name": "Keith",
            "middle_name": "",
            "last_name": "Warren",
            "name_suffix": "",
            "institution": "",
            "department": ""
        },
        {
            "first_name": "Ryan",
            "middle_name": "",
            "last_name": "Wechsler",
            "name_suffix": "",
            "institution": "",
            "department": ""
        }
    ],
    "date_submitted": "2015-04-25T16:39:34Z",
    "date_accepted": "2015-04-25T16:39:34Z",
    "date_published": "2014-01-01T00:00:00Z",
    "render_galley": null,
    "galleys": [
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            "type": "pdf",
            "path": "https://journalpub.escholarship.org/uclalaw_elr/article/60224/galley/46183/download/"
        }
    ]
}