Warren, Keith, Warren, Keith, Wechsler, Ryan, Warren, Keith, Warren, Keith, and Wechsler, Ryan
California has a longstanding issue with the Talent Agency Act, which states that only a licensed agent may seek out, or procure, employment for an artist. The TAA has caused major headaches for Hollywood's personal managers, who find their contracts with artists voided for engaging in even minor acts of procurement. Many commentators initially believed that Marathon Entertainment Inc. v. Blasi solved the dilemma. However, it turns out that the Labor Commissioner, who has exclusive jurisdiction to hear claims arising under the TAA, continues to void contracts between California's personal managers and their clients at an alarming rate. Personal managers disapprove of the Labor Commissioner's failure to employ the doctrine of severability, as advised by the Blasi court, to these contracts. In response, the personal managers recently filed a challenge to the constitutionality of the TAA. The United States District Court for the Central District of California, however, dismissed the claim and upheld the constitutionality of the controversial Act. Because this debate spans over one hundred years, and the constitutional challenge was unsuccessful, the authors of this comment advocate a two-fold approach to correcting the dilemma: (1) place the burden of production in Labor Commissioner hearings on the artist to prove that the entire manager contract should be voided, and (2) assess statutory civil penalties to those personal managers who willfully violate the TAA by procuring employment. The authors of this Comment argue that the California legislature should consider applying this approach because it is not only easily adaptable, but also in line with the true purpose of the TAA.