In the following posting, Ric Williams responds to comments made by “Undercover Agent”. Williams’ comments are in caps.
Ric Williams posts: Hey Gene, this is almost getting to be fun!! Just who is “Undercover Agent”? I am out there in the open…this idiot is hiding behind a pseudonym. He spouts half truths and then gets a copy of a manual and quotes chapters out of context.
Undercover Agent Responds to comments made this AM by Ric Williams:
But “IF” the licensed agent or agency is going after SAG or AFTRA work then what I have said is 100% correct !
NOT TRUE!!
My understanding, from all the press that has been given in this scenario, the reason this “agent” or “agency” got licensed was to EXPOSED, MARKET and GENERATE work for his “adult star” clients into the “real” mainstream world, maybe even to go as far as subscribing to Breakdown Services, therefore going after the SAG and AFTRA work. If this is TRUE then violations will exist. As I believe this individual runs a distribution company from the same address as the agency.
WHAT THIS IDIOT DOESN’T UNDERSTAND IS THAT YOU ONLY NEED TO BE ATA OR SAG/AFTRA FRANCHISED IF YOU REPRESENT SAG OR AFTRA UNION TALENT. IF AND WHEN I REPRESENT UNION TALENT THEN I WILL GET FRANCHISED. AGAIN, WHAT HE DOESN’T UNDERSTAND IS THAT IT IS NOT A VIOLATION TO BE AT THE SAME ADDRESS AS A DISTRIBUTION COMPANY BUT IT IS AGAINST UNION AND ATA RULES TO USE YOUR OWN SAG/AFTRA TALENT IN ONE OF YOUR OWN PRODUCTIONS. THE BASICS OF THE LAW IS SIMPLE…TO BOOK ANY KIND OF TALENT IN CALIFORNIA YOU NEED TO BE A LICENSED TALENT AGENCY OR LICENSED ATTORNEY.
And YES the ATA [Association of Talent Agents] is voluntary but highly recommended for any legitimate talent agent/agency to become part of…like CAA, ICM, William Morris, UTA, Endeavor etc. And YES some agents / agencies DO NOT join the ATA. But they pretty much follow the same rules and guidelines set-up by the ATA. Seek SAG and AFTRA work only . Take a 10% commission. I assure you the agencies I previously mentioned do not take a 20% commission.
ALL OF MY AGREEMENTS SO FAR HAVE BEEN AT 10% BUT I RESERVE THE RIGHT TO NEGOTIATE FOR MORE IF THE TALENT HAS SPECIAL REQUESTS THAT WILL COST ME MORE MONEY. MANY ATA AGENTS ARE NOW INCREASING THEIR COMMISSIONS TO 12% THIS IS APPROVED BY ATA BUT NOT SAG OR AFTRA WHO STILL WANT THE 10%.
Mr. Williams did not address that it was in violation of a licensed agent to seek work for actors or actresses in the Non-Union area, but of course he is not a member of the ATA just a licensed agent.
IT IS NOT A VIOLATION FOR A LICENSED AGENT TO SEEK NON-UNION WORK. IT IS A VIOLATION FOR UNION TALENT TO TAKE NON-UNION WORK UNLESS THEY ARE FINANCIAL CORE (MOST UNION TALENT USE A DIFFERENT NAME TO DO NON-UNION WORK).
Under cover agent says: “I would like his take on this , ie, Non-Union work, as it was not addressed in his rebuttal view on Adult FYI”
NON-UNION WORK IS GOOD, ESPECIALLY FOR ADULT TALENT TO BOLSTER THEIR RESUME’S PLUS THEY GET VALUABLE TRAINING AND EXPOSURE, A GOOD EXAMPLE IS MUSIC VIDEO’S. THERE ARE MANY NON-UNION JOBS ON THE BREAKDOWNS AND YES I DO SUBSCRIBE TO THEM.
Under cover agent says: “I would like to throw this out there for thought”. In the book outlining the “Laws Relating To Talent Agencies” Excepts from the California Labor Code and California Code Of Regulations,Title 8.
1700.33. PROHIBITED EMPLOYMENTNo talent agency shall send or cause to be sent, any artist to any place where the health, safety, or welfare of the artist could be adversely affected, the character of which place the talent agency could have ascertained upon reasonable inquiry.
Under cover agent says: So I guess un-protected sex with Double Anal, DP’s, Anal, Straight Vaginal, drug and alcohol use does not fall under 1700.33. This has GOT TOO make you wonder how the the State Of California could react to this when it pertains to Licensed Agents or Agencies.
THIS ASSHOLE IS NOW TRYING TO THROW OUR INDUSTRY BACK MANY YEARS WHEN IT WAS ILLEGAL TO SHOOT PORN IN CALIFORNIA. GET A CLUE, IT IS LEGAL TO SHOOT ADULT MOVIES IN CALIFORNIA. A GOOD AGENT KNOWS WHO HIS CLIENTS ARE AND DOES NOT KNOWINGLY PUT HIS TALENT INTO ANY ADVERSE SITUATION. DOES HE NOT THINK THAT THIS SECTION ALSO APPLIES TO STUNT ACTORS IN MAINSTREAM!
And surely this has been already implemented within the current Licensed Agents.
1700.25 LICENSEE TO DEPOSIT FUNDS ON BEHALF OF ARTIST IN A TRUST FUND.
[a] A licensee who receives any payment of funds on behalf of an artist shall immediately deposit that amount in a TRUST FUND ACCOUNT maintained by him or her in a bank or other recognized depository. The funds, less the licensee’s commission, shall be disbursed to the artist within 15 days after receipt.
[b] A separate record shall be maintained of all funds, received on behalf of an artist and the record shall further indicate the disposition of the funds.
YES, I HAVE A GENERAL CHECKING AND A TRUST ACCOUNT. MONIES RECEIVED FROM PRODUCERS IS DEPOSITED INTO THE TRUST ACCOUNT, TALENT IS PAID THEIR 90% OUT OF THIS ACCOUNT AND I TRANSFER MY 10% TO MY GENERAL FUND. NOT ONLY DO I USE QUICKBOOKS PREMIER FOR GENERAL ACCOUNTING BUT I ALSO USE TALENT PRO PLUS (FROM BREAKDOWN SERVICES) TO KEEP TRACK OF TALENT RECORDS TO MEET STATE REQUIREMENTS.
1700.26. RECORD REQUIRED
Every talent agency shall keep records in a form approved by the Labor Commissioner, in which shall be entered all of the following:
(1) The name and address of each artist employing the talent agency.
(2) The amount of fee received from the artist.
(3) The employments secured by the artist during the term of the contract between the artist and the talent agency, and the amount of compensation received by the artist pursuant thereto.
(4) Any other information which the Labor Commissioner requires.
No talent agency, its agent or employees, shall make any false entry in any records.
1700.28. RECORD – COMMISIONER INSPECTION
All books, records, and other papers kept pursuant to this chapter by any talent agency shall be open at all reasonable hours to the inspection of the Labor Commissioner and his agents. Every talent agency shall furnish to the Labor Commissioner upon request a true copy of such books, records, and papers or any portion thereof, and shall make such reports as the Labor Commissioner prescribes.
AGAIN, TWO SEPARATE SOFTWARE PROGRAMS TO TRACK AND RECORD ALL OF THE REQUIRED INFORMATION.
Under cover agent says: “Hopefully the talent “signed” are, to the agent or agency, current with their state and federal taxes. As it will expose them even more to outside government departments”. “Hopefully they are fine knowing that the State Of California I,e. The labor commission will now know that they are Adult Performers and also have their real names and addresses.”
SO, UNDERCOVER AGENT IS ENCOURAGING TALENT TO VIOLATE FEDERAL AND STATE LAW…INTERESTING! IT IS POSSIBLE, BUT I HAVE ONLY HEARD OF THE LABOR COMMISSIONER CHECKING THE RECORDS WHEN A TALENT COMPLAINS AND THEN ONLY AS IT APPLIES TO THAT TALENT. AND ISN’T THE IDENTITIES AND ADDRESS INFORMATION ALREADY AVAILABLE TO GOVERNMENT AGENTS BY WAY OF 2257?
…..AND FINALLY in my opinion, by a licensed agent being required to follow 1700.26 and 1700.28. This will definitely have the government knocking on doors sooner or later. And not coming in first to clamp down on un-licensed agents operating in the adult world. And section 1700.33 could certainly raise some eyebrows. All in all The INDIVIDUALS who SUFFER here will be the hard working males and females who are out there everyday in the trenches providing “adult entertainment” for the fans.
IT SOUNDS TO ME LIKE UNDERCOVER AGENT IS ONE OF THE SUITCASE PIMPS THAT HAVE BECOME MORE AND MORE PREVELANT IN OUR INDUSTRY AND WANTS TO KEEP US BACK IN THE DARK AGES SO HE CAN TAKE ADVANTAGE OF TALENT TO LINE HIS OWN POCKETS…WHAT’S THE MATTER, DO YOU HAVE A CRIMINAL RECORD OR TERRIBLE CREDIT SO THAT YOU COULDN’T QUALIFY FOR A LICENSE? I AM GUESSING THAT YOU ARE ONE OF THOSE UNLICENSED AGENTS OUT THERE BOOKING TALENT WITHOUT A LICENSE TO DO SO. PLEASE UNDERCOVER AGENT…DISCLOSE WHO YOU ARE SO WE CAN ALL HAVE A LAUGH AND THEN GET SOME MORE BOOKS TO QUOTE BECAUSE THE ONLY ACCURATE STATEMENTS THAT YOU HAVE MADE ARE THE ONES THAT YOU QUOTED FROM THE MANUAL!