Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Do FL and CA Talent Agency Law Cover Social Media Influencers and Esports Talent?
Sections 468.401-468.415 of the Florida Statutes (referred to as Florida's Talent Agencies Act) is the law governing talent agencies in the state. Under §468.401(1), the term "talent agency" is defined as "any person who, for compensation, engages in the occupation or business of procuring or attempting to procure engagements for an artist." With the rise of both social media and esports, the issue arises as to whether online "influencers" and esports talent qualify as "artists."
Anyone who can be classified as a "talent agency" under the foregoing definition is required to obtain a license from the Florida Department of Business and Professional Regulation. Pursuant to §468.403(1), "a person may not own, operate, solicit business, or otherwise engage in or carry on the occupation of a talent agency in Florida unless the person first procures a license for the talent agency from the department." There are a few exceptions to this licensing requirement, in that "a license is not required for a person who acts as an agent for herself or himself, a family member, or exclusively for one artist." Despite this, "a person may not advertise or otherwise hold herself or himself out as a 'talent agency' or 'talent agent' unless the person is licensed under this section as a talent agency."
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.