CREATORS: The Difference between Managers and Agents, a thread:

Did you know that in California and New York that there is a legal difference between Managers and agents? Legally Managers are not allowed to negotiate deal terms on your behalf. 1/9

They can advise you the creator on what to do, but cannot negotiate terms on your behalf no matter who they are. While anyone can be your manager, agents are registered with the labor board and certified to do this work specifically. 2/9

A talent manager’s focus is on “advising and counseling each artist with an eye to making the artist as marketable and attractive to talent buyers as possible, as well as managing the artist’s personal and professional life in a way that allows the artist to focus on creative 3/9

productivity. ‘Personal managers primarily advise, counsel, direct, and coordinate the development of the artist’s career. They advise in both business and personal matters, frequently lend money to young artists, and serve as spokespersons for the artists.’” 4/9

Marathon Ent., 42 Cal. 4th at 984. The “development of the artist’s career” may involve activities that overlap with those of a talent agent, including exploring terms and potentially even negotiating contracts 5/9

both of which are technical violations of both California and New York talent agency laws. If a talent manager is found to have solicited or procured work for their client 6/9

the California Labor Commissioner may void the manager’s contracts with their clients and may even require the manager to return some or all of the management payments or commissions they have received in the past under the agreements. Unlike the comparable New York law, 7/9

California does not provide an exception for “personal managers” who incidentally procure employment for their client. However, managers in California who work in conjunction with an agent may obtain some protection from this bright line prohibition, 8/9

and may be able to avoid the resulting penalty of having their management contracts voided.

SO WHAT DID WE LEARN?

Managers do not equal agents and this could have serious legal ramifications for you as the creator down the road. Thank you for coming to my ted talk. 9/9