I don't know how many times I've heard this (or repeated it):
Appears it's just flat wrong. It's up to the manager whether they want to negotiate. Negotiating and closing a deal they have already procured does not technically change anything with respect to the TAA (it just makes procurement that much more easy for a disgruntled writer to prove), and even if it did it wouldn't impact their ability to negotiate legally with a third party since the TAA is a Labor Code that concerns the enforceability of the client-manager contract.
So, it might be crazy to let a manager negotiate a deal without an attorney's oversight, but it doesn't appear to be illegal. (Unless, as I thought, there is a law that says only licensed agents and attorneys have the authority to negotiate and enter into binding contracts on a client's behalf. But, the California Civil Code agency section implies anyone can do this.)
In fact, if the "managers can't engotiate" mantra is ultimately based on the TAA, as the WGA snippet implies, it's just as "illegal" to use an attorney who is not instructed by a licensed agent!!
Attorney's appear to be in the same boat as managers--a law license does NOT exempt attorneys from the Talent Agency Act and since few if any attorneys are licensed agents they are no more entitled to negotiate employment contracts....
So, yeah... whoops. It may not be ethical for managers to negotiate contracts, but it doesn't appear to be illegal.
for those following the artfulwriter thread, I posted a more detailed follow-up there yesterday but I've been put on probation and it needs to be approved first....
WGA TV WRITERS BOOKLET
It is important to note that managers are not legally permitted to procure employment under the Talent Agency Act. Therefore, technically, if you have a manager, you will also need an agent and/or an attorney to negotiate your deal.
It is important to note that managers are not legally permitted to procure employment under the Talent Agency Act. Therefore, technically, if you have a manager, you will also need an agent and/or an attorney to negotiate your deal.
So, it might be crazy to let a manager negotiate a deal without an attorney's oversight, but it doesn't appear to be illegal. (Unless, as I thought, there is a law that says only licensed agents and attorneys have the authority to negotiate and enter into binding contracts on a client's behalf. But, the California Civil Code agency section implies anyone can do this.)
In fact, if the "managers can't engotiate" mantra is ultimately based on the TAA, as the WGA snippet implies, it's just as "illegal" to use an attorney who is not instructed by a licensed agent!!
Attorney's appear to be in the same boat as managers--a law license does NOT exempt attorneys from the Talent Agency Act and since few if any attorneys are licensed agents they are no more entitled to negotiate employment contracts....
So, yeah... whoops. It may not be ethical for managers to negotiate contracts, but it doesn't appear to be illegal.
for those following the artfulwriter thread, I posted a more detailed follow-up there yesterday but I've been put on probation and it needs to be approved first....
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