Ric Williams: Hey Gene, OK…another person who doesn’t have all of the facts straight!!
Agents Can’t Take More Than 10%
WRONG…an agent has to file his fee strucure with the state Labor Commissioner and can receive up to 20%
ALL licensed Talent Agents or Agencies within the adult industry are in some violation of the ATA
WRONG…the ATA is the Association of Talent Agents and is a trade group whose membership is voluntary.
Gene sez: Williams is referring to this earlier post: Undercover agent writes me: Fully licensed agents under the ATA [Association Of Talent Agents] CAN NOT TAKE MORE THEN 10% of the Gross Talent Fee.
PARTIALLY TRUE…This only applies to SAG and AFTRA contracts
If the Agent can not get the producer or production company to pay the rate plus 10%. Then he or she is allowed to collect the 10% from the gross rate regardless if the producer or production company pays given rate without or with withholding taxes.
TRUE…again for SAG and AFTRA contracts on the 10%
It is a severe breach of contract [against the law] in the Agents Licensing Agreement with the state of California to take more then 10% from the talent !
WRONG…my fee structure approved by the state allows up to 20%
Regardless, if the agent is licensed. In order for the producer or production company to “directly” pay the Agent the talents fees a signed and witnessed “Payment / Check Authorization” must be attached to any form of invoice for payment.
WRONG…although it is advised!
Adult Agents touting the benefits of being licensed are NOT for the benefit of the talent but to more so protect the agent or agency, especially if the California Labor Board or any other local government department decides to look into the business practices of the representatives of talent within the adult industry.
WRONG…or maybe partially true as I do want to be legal if or when the state comes looking!
A licensed talent agent or agency CAN NOT operate any other type business or function like being a Director, Producer, Writer, Production Company or Distribution Company even if said agent or agency uses another name. And said agent or agency can not operate their business from the same location as the Production or Distribution company.
PARTIALLY TRUE…again where it applies to SAG and AFTRA contracts only.
So with all this being said. Currently ALL licensed Talent Agents or Agencies within the adult industry, in some area, are in violation of the ATA [Association Of Talent Agencies] licensing agreement with the State of California.
WRONG…The ATA does not license talent agencies, the state does therefore we are not in violation!