How does agency/manager licensing affect you?

It seems nowadays that models are constantly concerned about their safety when dealing with photographers, but they are failing to ask if an “agency” is licensed. In reality dealings with an unlicensed agency leaves the model, companies and individuals at a higher risk for loss than dealings with a one on one contract. In many states it is considered a crime to act as a manager or talent agent without the proper license, and in some it’s a crime to utilize the services of such persons.

Photo: Sal W Hanna; Model: Steph Rai; Makeup Artist: CaraBella-Beauty to go

There are some exceptions, depending on the state. For instance, New York requires “Talent Agencies” to be licensed, but “management companies” do not have licensing requirements. Many of the top agencies in New York, such as Ford, Wilhelmina and Elite are considered “management companies” rather than agencies, therefore not being required to obtain an agency license. Keeping this in mind, having an agency license doesn’t necessarily make a company legitimate, but it does require that they abide by specific laws mandated by the state they operate in. It’s always best to reference check the “agency”, “management company”, or other similar company/individual prior to agreeing to work with them.

Most agencies do charge their talent fees for acquiring images (i.e. making them comp cards), their space on the agency website, training, or other portfolio building services. They do so by deducting the funds from work performed. Some agencies give models the option to deduct the fees from the revenue collected from paid assignments, or they may also receive the option of paying the full fees up front. Upon booking a paid assignment the agency/manager would assess their fees for the booking, deduct a portion or entire amount for portfolio work, and then issue a pay check for the remainder. Keep in mind the amount and options the agency/manager puts in front of you may be a warning sign. A lack of options (particularly, asking you to pay up front and requiring you to meet with one of the agency’s own photographers, to shoot you and use those shots for comp cards) could indicate the service is simply a “photo mill.” It is always best to verify through independent sources how reputable an agency/manager performs as each service may have their own policies on service fees.

California case example

Case in point singer Jewel Kilcher, professionally known as “JEWEL” an individual, Plaintiff v. Inga Vainshtein, an individual, and COLD WAR MANAGEMENT, a business entity of unknown origin. Respondent Labor Commissioner of the State of California, Case No. TAC 02-99, stated that the singer was managed by the plaintiff (and her company) since 1993. Jewel petitioned the state to void her contract with the “manager” (Respondent) based on her claim that the manager “acted as a talent agent without the required license.” In this case the Labor Board Commission Hearing Officer David Gurley concluded that “respondent acted in the capacity of a talent agency and did indeed procure employment without a license in violation of Labor Code 1700.5?. The ruling ordered “It is hereby ordered that the 1994 contract between Petitioner, Jewel and respondent Inga Vainshtein, is unlawful and void ab initio. Respondent has no enforceable rights under this contract.”

In essence the singer, Jewel, won her claim against the manager, Vainshtein, but she was unable to collect previously paid commission to her manager.  Also the manager was unable to collect further pending commissions from the singer.

How this affects you

(Bearing in mind this case was in California; laws vary from state to state) Contracts written are not enforceable under most state laws if the agent, manager or other term, is not licensed. You may find yourself in a position where you performed your services and cannot collect the contracted fees. Other implications can be in the form of liability if others represent you and obligations are not met. Being served with litigation for failing to have the proper licensing, insurance, bond or other requirement is not worth the risk of pay you may receive from working with an unlicensed person.

To protect yourself, check the chart below and contact the proper agency to “Verify” the license status of the person/company. Many states will also tell you of any actions, complaints or other activity against the person(s) license.

Note: Some states do not have a web search, but most offer phone verification of licenses.

STATE BY STATE CONTACTS

Alabama: http://dir.alabama.gov/

Alaska: http://labor.state.ak.us/

Arizona: http://www.ica.state.az.us/Labor/Labor_PvtEmp_main.aspx

Arkansas: http://www.arkansas.gov/labor/word/laws_relating_labor2005.doc

California: http://www.dir.ca.gov/databases/dlselr/talag.html

Colorado: http://www.colorado.gov/oed/industry-license/39IndDetail.html

Connecticut: http://www.ctdol.state.ct.us/wgwkstnd/pa-statutes.htm

Delaware: http://www.delaware.gov

Florida: http://www.myflorida.com/dbpr/pro/talent/tal_index.shtml

Georgia: http://www.dol.state.ga.us/

Hawaii: http://hawaii.gov/labor/about-us

Idaho: http://labor.idaho.gov/dnn/idl/AboutUs/ContactUs/tabid/636/Default.aspx

Illinois: http://www.state.il.us/agency/idol/License/License.htm

Indiana: http://www.in.gov/labor/

Iowa: http://www.iowaworkforce.org/labor/index.html

Kansas: http://www.dol.ks.gov/es/html/agency_EMP.html

Kentucky: http://www.labor.ky.gov/

Louisiana: http://www.laworks.net/

Maine: http://janus.state.me.us/legis/statutes/26/title26ch7sec0.html

Maryland: http://www.dllr.state.md.us/labor/wages/empa.shtml

Massachusetts: http://www.mass.gov/legis/laws/mgl/gl-140-toc.htm

Michigan: http://www.legislature.mi.gov/(S(cxwk00rdqbo5serbvqmamz55))/mileg.aspx?page=getObject&objectName=mcl-299-1980-10

Minnesota: State Laws Regarding Licensing https://www.revisor.mn.gov/statutes/?id=184.22 Contact information: Labor and Industry (DLI), Minnesota Department ofhttp://www.dli.mn.gov/ 443 Lafayette Road N., St. Paul, MN 55155 (651) 284-5005 | (800) 342-5354 | (651) 297-4198 (TTY) Labor Standards Division (651) 284-5005 Contact Info: Sonia Cordero

Mississippi: http://www.mdes.ms.gov/wps/portal#null

Missouri: http://www.labor.mo.gov/

Montana: http://dli.mt.gov/

Nebraska: http://www.sos.state.ne.us/business/

Nevada: Business Entity Search Indexhttp://www.nvsos.gov/sosentitysearch/CorpSearch.aspx State Laws Regarding Licensinghttp://www.leg.state.nv.us/NRS/NRS-611.html#NRS611Sec060

New Hampshire: http://www.labor.state.nh.us/

New Jersey: http://www.state.nj.us/nj/employ/permits/

New Mexico: http://www.dol.state.nm.us/

New York: New York Department of Consumer Affairs at (212) 639-9675 http://www.nyc.gov/html/dca/html/licenses/license_check.shtml (Select Employment Agency)

North Carolina: http://www.nclabor.com/wh/ppsact.pdf

North Dakota: http://www.nd.gov/labor/services/ea-licensing/

Ohio: http://www.com.state.oh.us/

Oklahoma: http://www.ok.gov/~okdol/

Oregon: http://www.boli.state.or.us/

Pennsylvania: www.dli.state.pa.us

Rhode Island: http://www.dlt.ri.gov/

South Carolina: http://www.llr.state.sc.us

South Dakota: http://www.state.sd.us

Tennessee: http://www.state.tn.us/labor-wfd/

Texas: http://www.license.state.tx.us/talent/talaw.htm

Utah: http://le.utah.gov/~code/TITLE34/34_0A.htm

Vermont: http://www.labor.vermont.gov/

Virginia: http://www.dli.state.va.us/

Washington D.C.: http://mblr.dc.gov/information/bbl/results.asp

Washington: http://www.dol.wa.gov/business/employmentagency/empagency.html

West Virginia: http://www.labor.state.wv.us/wage/default.html

Wisconsin: http://www.dwd.state.wi.us/

Wyoming: http://wydoe.state.wy.us/doe.asp?ID=865

DISCLAIMER: Legal information is not the same as legal advice. Information of a legal nature posted or made available on this website is not intended as legal advice. It is intended for general informational purposes only and you should not rely on it.  It is not a substitute for consultation with an attorney licensed to practice in your jurisdiction.