BogusPublisher
09-02-2006, 06:52 PM
Damn! It just fries me sometimes when I see all these so called agents and managers on the internet with no licensing. Do they realize that, in most states, they can do jail time for this? In California , talent/model agents MUST be licensed. Licensing requires a $10,000 cash bond deposited with the CA Department of Labor Standards Enforcement (DLSE), a license (about $345), permits (about $30 per location); and references that will be rigorously checked including professional, personal and banking references.
If you are modeling, have thought about modeling, or are a pretty woman who has been in a public place at some time during your ages of 15 to 30, its likely you have been approached by one of these people. Once again I mention this licensing is NOT required in all states, but as far as I have been able to check, it is a requirement in 43 of the 50 states. So what is it that draws these people into thinking they can act as an agent? Most are men, and they do not think they can be an agent; they think it will get them into a young womans pants. Picture the scene - a young woman is sitting in the food court of the mall. She is pretty. Maybe not model material, but cute. She is about 5 foot 3, got a little junk in the trunk and is alone. After he introduces himself and gets her name, he tells her he is an agent. He tells her how good looking she is, and that she has got what it will take to be a model. He is going to make her into a model. Now with so much going on online, he doesn't even have to go to the mall. He can just contact her through MySpace or a bunch of the online modeling sites. He gets her to meet with him, maybe over dinner. She will just need some pictures (which all of a sudden he is also a photographer); she will need some comp cards (now he is a print buyer or he prints them himself); she needs help with a calendar or direction in her career (now he is also a manager); and finally, she will need some promotion (ah, back to being an agent).
I mentioned above that its a crime in California (and most other states) to work as an agent without a license. What does the California law state?
Section 23.1 of the DLSE manual states, There are a number of statutes in the Labor Code which specifically prohibit contracts between employers and employees on certain subjects. Examples of actions which have been declared to be against public policy are:
Subsection 5, Waiver of Talent Agency Act provisions (Labor Code § 1701.19) This means that an artist/model cannot waive their rights under the law and as such, a signature on a contract or ANY agreement, written, verbal or otherwise, with an unlicensed agent is null and void.
Section 27.4 states, Talent Agents. This licensed occupation is regulated by the Labor Commissioner pursuant to the provisions of Labor C ode § 1700, et seq.
Section 27.4.1 states, Talent Agency means 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, .(Labor Code § 1700 .4(a))
Section 27.4.2 states, Artists means actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises. (Labor Code § 1700.4(b))
Yeah, sure, an agent. These agents are here to take something from you. Money, dignity, or something more. Either way, if they are not licensed, they are not legit. Would you save your money in a bank that was not federally insured? Would you use a lawyer that was not licensed to practice? It is the same thing.
This industry draws a lot of scammers, because a lot of this industry is based on peoples hopes and dreams. Parents bring their kids in for screen tests that are not tests but cost hundreds of dollars. As soon as the money is out, so is the kid. One of these known scams is Screen Test USA and they were busted by the Federal Trade Commission (http://www.easybackgroundcheck.com/legalhistory.html#endnote8). The FTC noted them to be bogus talent scouts selling screen tests.
Another big scam is modeling conventions. Models pay big money to be seen by agents at these events, and all the conventions are is a way for the promoter to remove money from the models (or their parents) wallets. One of the biggest of these known scams is International Modeling and Talent Association (IMTA) Convention (IMTA Convention). Another is ModelSearchAmerica (MSA). IMTA is the most expensive modeling convention in America. It costs $5,000 - and that's just to get in the door - it does not include all the travel expenses. So you get in the door. Along with EVERYONE else who could afford to pay. It does not matter what you look like. You and hundreds, if not thousands, of other hopeful models are walked past a couple of agents who have been paid to be there. If someone paid for your travel, hotel, meals and maybe a few other items, would not you go if you were an agent? Its called free vacation.
In an attempt to get around the laws, a bunch of new names have been seen. One of these is groups or hangouts. These are not Yahoo groups. And they are not just a place to hangout. Often the group owner is another wanna-be agent. They think they can find you work; they want to provide you with pictures. And then they tell you that they will screen some jobs for you or they will come with you to photo shoots. Check with the big league agents. They do not chaperone their models to shoots. If you are shooting with just you and the photographer, sure, you might want to bring a chaperone usually a driver. If its a commercial shoot, its likely that you will have the photographer, a makeup artist, lighting person, creative director, set director, and possibly even the client all there. There would be no need for a chaperone unless you are a minor (parent or legal guardian required at ALL shoots).
Have you ever dealt with one of these bogus agents? They are likely hurting your career. Most legitimate agencies, companies and other entities will not hire or work with illicit agents. Most will turn them into the state, and, for those of you in California or your agent was in California, if one took ANY money from you or from your work (a percentage, or their cut), you should file a complaint. You can find information at the DLSE homepage: http://www.dir.ca.gov/dlse/dlse.html
If you want to be seen as professional, you need to work with professionals. Our industry is plagued by frauds who want to steal your dreams, money, or both. Do not fall for them. How can you avoid the scams, scammers and pitfalls?
Check the next post - this one was too long.... so...
If you are modeling, have thought about modeling, or are a pretty woman who has been in a public place at some time during your ages of 15 to 30, its likely you have been approached by one of these people. Once again I mention this licensing is NOT required in all states, but as far as I have been able to check, it is a requirement in 43 of the 50 states. So what is it that draws these people into thinking they can act as an agent? Most are men, and they do not think they can be an agent; they think it will get them into a young womans pants. Picture the scene - a young woman is sitting in the food court of the mall. She is pretty. Maybe not model material, but cute. She is about 5 foot 3, got a little junk in the trunk and is alone. After he introduces himself and gets her name, he tells her he is an agent. He tells her how good looking she is, and that she has got what it will take to be a model. He is going to make her into a model. Now with so much going on online, he doesn't even have to go to the mall. He can just contact her through MySpace or a bunch of the online modeling sites. He gets her to meet with him, maybe over dinner. She will just need some pictures (which all of a sudden he is also a photographer); she will need some comp cards (now he is a print buyer or he prints them himself); she needs help with a calendar or direction in her career (now he is also a manager); and finally, she will need some promotion (ah, back to being an agent).
I mentioned above that its a crime in California (and most other states) to work as an agent without a license. What does the California law state?
Section 23.1 of the DLSE manual states, There are a number of statutes in the Labor Code which specifically prohibit contracts between employers and employees on certain subjects. Examples of actions which have been declared to be against public policy are:
Subsection 5, Waiver of Talent Agency Act provisions (Labor Code § 1701.19) This means that an artist/model cannot waive their rights under the law and as such, a signature on a contract or ANY agreement, written, verbal or otherwise, with an unlicensed agent is null and void.
Section 27.4 states, Talent Agents. This licensed occupation is regulated by the Labor Commissioner pursuant to the provisions of Labor C ode § 1700, et seq.
Section 27.4.1 states, Talent Agency means 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, .(Labor Code § 1700 .4(a))
Section 27.4.2 states, Artists means actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises. (Labor Code § 1700.4(b))
Yeah, sure, an agent. These agents are here to take something from you. Money, dignity, or something more. Either way, if they are not licensed, they are not legit. Would you save your money in a bank that was not federally insured? Would you use a lawyer that was not licensed to practice? It is the same thing.
This industry draws a lot of scammers, because a lot of this industry is based on peoples hopes and dreams. Parents bring their kids in for screen tests that are not tests but cost hundreds of dollars. As soon as the money is out, so is the kid. One of these known scams is Screen Test USA and they were busted by the Federal Trade Commission (http://www.easybackgroundcheck.com/legalhistory.html#endnote8). The FTC noted them to be bogus talent scouts selling screen tests.
Another big scam is modeling conventions. Models pay big money to be seen by agents at these events, and all the conventions are is a way for the promoter to remove money from the models (or their parents) wallets. One of the biggest of these known scams is International Modeling and Talent Association (IMTA) Convention (IMTA Convention). Another is ModelSearchAmerica (MSA). IMTA is the most expensive modeling convention in America. It costs $5,000 - and that's just to get in the door - it does not include all the travel expenses. So you get in the door. Along with EVERYONE else who could afford to pay. It does not matter what you look like. You and hundreds, if not thousands, of other hopeful models are walked past a couple of agents who have been paid to be there. If someone paid for your travel, hotel, meals and maybe a few other items, would not you go if you were an agent? Its called free vacation.
In an attempt to get around the laws, a bunch of new names have been seen. One of these is groups or hangouts. These are not Yahoo groups. And they are not just a place to hangout. Often the group owner is another wanna-be agent. They think they can find you work; they want to provide you with pictures. And then they tell you that they will screen some jobs for you or they will come with you to photo shoots. Check with the big league agents. They do not chaperone their models to shoots. If you are shooting with just you and the photographer, sure, you might want to bring a chaperone usually a driver. If its a commercial shoot, its likely that you will have the photographer, a makeup artist, lighting person, creative director, set director, and possibly even the client all there. There would be no need for a chaperone unless you are a minor (parent or legal guardian required at ALL shoots).
Have you ever dealt with one of these bogus agents? They are likely hurting your career. Most legitimate agencies, companies and other entities will not hire or work with illicit agents. Most will turn them into the state, and, for those of you in California or your agent was in California, if one took ANY money from you or from your work (a percentage, or their cut), you should file a complaint. You can find information at the DLSE homepage: http://www.dir.ca.gov/dlse/dlse.html
If you want to be seen as professional, you need to work with professionals. Our industry is plagued by frauds who want to steal your dreams, money, or both. Do not fall for them. How can you avoid the scams, scammers and pitfalls?
Check the next post - this one was too long.... so...