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Talent Agencies Act (California)
The Talent Agencies Act.〔CA. Labor Code 1700 -1700.45, TAA〕 has been the focus of controversy since its 1978 passage. As enforced, it gives actors, writers and other artists the opportunity to disgorge their financial obligations when they petition the California Labor Commission, claiming their talent representatives found them work without having a talent agency license.〔Los Angeles Daily Journal, May 10, 2013: ''Talent Agency the TAA Survives Suit, Clarity Remains Elusive."〕
That enforcement, which has led to personal managers is currently being challenged in a lawsuit brought by the National Conference of Personal Managers (Case No. 13-55545) alleging that the TAA on its face and as applied is unconstitutional. The matter has been fully submitted and oral arguments will be heard by the U. S. Court of Appeals for the Ninth Circuit on March 6, 2015, at 9:00 a.m. in Courtroom 1 of the Richard H. Chambers Court of Appeals Building, 125 South Grand Avenue, Pasadena CA 91105.〔Oral Arguments Calendar, U. S. Court of Appeals for the Ninth Circuit〕
It is not the first time the Act has faced legal challenges, caused because the "inconsistent interpretations by the Labor Commissioner and courts (created ) an environment where no one is quite sure what is allowed. The ambiguity leaves unlicensed personal managers unfairly exposed to staggering potential liability." 〔''Taking Away an Artist's 'Get Out of Jail Free' Card,'' Pierce L. Rev., Vol. 8, No. 3 (2010)〕
The Labor Commissioner's decades-long complete voiding of all contracts even if a single violation was found to be an incorrect interpretation of law by the California Supreme Court;〔''Marathon v. Blasi'' 2008, 42 Cal. 4th 974〕 the U.S. Supreme Court found the Labor Commissioner's interpretation relevant to arbitration was also incorrect (〔''Preston v. Ferrer'' (2008) 552 U.S. 346〕). If the Ninth Circuit continues this trend, finding the TAA facially violates the Interstate Commerce Clause and the Due Process Clause of the 14th Amendment, and as applied violates the Contract Clause, Commerce Clause, First, Thirteenth and Fourteenth Amendments, which has led to personal managers forfeiting an estimated $500,000,000 in otherwise-owed commissions (see 〔Variety, October 9, 2013: ''Showbiz Mangers Seek Appeals Court Ruling on Talent Agencies Act''〕), the voiding of any contracts will end. Eliminating that consequence will align the Act's enforcement with a litany of California Supreme Court determinations (see 〔Los Angeles Business Journal, December 9, 2014: A Generation of Incorrect Talent Agencies Act Rulings〕
==References==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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