Law Office of James E. Nobles

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Law Office of James E. Nobles

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Rancho Cucamonga, CA 91730

Ph: (909) 458-0500  
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California Codes (more to come)

 

Entertainment Law:


CALIFORNIA LABOR CODE SECTION 2855 LIMITS PERSONAL SERVICES CONTRACTS
LIKE RECORDING AGREEMENTS TO 7 YEARS

 

2855. (a) Except as otherwise provided in subdivision (b), a contract to render personal service, other than a contract ofapprenticeship as provided in Chapter 4 (commencing with Section 3070), may not be enforced against the employee beyond seven years from the commencement of service under it. Any contract, otherwise valid, to perform or render service of a special, unique, unusual, extraordinary, or intellectual character, which gives it peculiar value and the loss of which cannot be reasonably or adequately compensated in damages in an action at law, may nevertheless be enforced against the person contracting to render the service, for a term not to exceed seven years from the commencement of service under it. If the employee voluntarily continues to serve under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation.

 

TALENT AGENTS IN CALIFORNIA MUST BE REGISTERED PURSUANT TO LABOR CODE SECTION 1700.5

 

1700.5. No person shall engage in or carry on the occupation of a talent agency without first procuring a license therefor from the Labor Commissioner. The license shall be posted in a conspicuous place in the office of the licensee. The license number shall be referred to in any advertisement for the purpose of the solicitation of talent for the talent agency. Licenses issued for talent agencies prior to the ffective date of this chapter shall not be invalidated thereby, but renewals of those licenses shall be obtained in the manner prescribed by this chapter.

 

RECORD LABELS MUST PAY AN ARTIST A GUARANTEED MINIMUM AMOUNT ANNUALLY TO PREVENT
THAT ARTIST FROM JUMPING TO ANOTHER LABEL PURSUANT TO CIVIL CODE SECTION 3423.

 

3423. An injunction may not be granted:

  • (a) To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless this restraint is necessary to prevent a multiplicity of proceedings.
  • (b) To stay proceedings in a court of the United States.
  • (c) To stay proceedings in another state upon a judgment of a court of that state.
  • (d) To prevent the execution of a public statute, by officers of the law, for the public benefit.
  • (e) To prevent the breach of a contract the performance of which would not be specifically enforced, other than a contract in writing for the rendition of personal services from one to another where the promised service is of a special, unique, unusual, extraordinary, or intellectual character, which gives it peculiar value, the loss of which cannot be reasonably or adequately compensated in damages in an action at law, and where the compensation for the personal services is as follows:
  1. As to contracts entered into on or before December 31, 1993, the minimum compensation provided in the contract for the personal services shall be at the rate of six thousand dollars ($6,000) per annum.
  2. As to contracts entered into on or after January 1, 1994, the criteria of subparagraph (A) or (B), as follows, are satisfied:
    • (A) The compensation is as follows:
      1. The minimum compensation provided in the contract shall be at the rate of nine thousand dollars ($9,000) per annum for the first year of the contract, twelve thousand dollars ($12,000) per annum for the second year of the contract, and fifteen thousand dollars ($15,000) per annum for the third to seventh years, inclusive, of the contract.
      2. In addition, after the third year of the contract, there shall actually have been paid for the services through and including the contract ear during which the injunctive relief is sought, over and above the minimum contractual compensation specified in clause (i), the amount of fifteen thousand dollars ($15,000) per annum during the fourth and fifth years of the contract, and thirty thousand dollars ($30,000) per annum during the sixth and seventh years of the contract. As a condition to petitioning for an injunction, amounts payable under this clause may be paid at any time prior to seeking injunctive relief.
   
 

 

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