The distinction between manager and talent agent

California law recognizes one, but not the other

Being a manager is a tricky business, especially in California. Personal managers are not legally regulated or licensed, but talent agencies are. The distinction is an important one, because only talent agencies are allowed to go out and book shows for an artist. According to copyright attorney Ivan Hoffman (left), who has been practicing law in California for 38 years, managers who seek “employment or engagements” for their clients have actually had their contracts declared null and void, losing them all of their earned royalties.

So just what can a personal manager do, if not find employment for her clients? Well, she can offer career planning and advice, enter into negotiations for live performances, handle the financial end of the artist’s career and, in an exception to the employment and engagement language mentioned above, seek recording contracts. Another result of the lack of regulation is that anybody can become a personal manage—there is no license nor any particular training required. Talent agencies, on the other hand, are regulated, causing more potential trouble for the unwary manager.

The wise artist, however, looks for a manager who is more than just a friend or a member of the family. A good manager should be organized, articulate and, preferably, well-connected in the industry. Somebody with a college education is usually a good idea. For real professional representation, the wise artist might be inclined to hire an actual attorney.

If you are a personal manager in California, or if you are an artist who has hired a manager, be careful! Do not tread on the toes of talent agents or you might be in for an unpleasant surprise. Ivan Hoffman has a number of other articles of interest on his site, all dealing with copyright issues. Other topics include contract terms, royalty payments and fair use.