Legal

Sample Contracts

Brian Taylor Goldstein of Goldstein & Guilliams PLC has drafted a Model Agreement for Exclusive Management/Agent Services with an accompanying guide for NAPAMA members. He also has provided our members with a sample Performance/Residency Agreement between Artist and Venue.


Arts and the Law

Who Have You Been Sleeping With?
Understanding Legal Relationships in the Arts

by Brian Taylor Goldstein, Esq.

NOTE: This is provided for informational purposes only. Please do consult with an attorney familiar with your specific circumstances, challenges, and quirks before drawing any conclusions or doing anything rash!


Agency Licensing State by State
A State-by-State Guide to the Licensing of Artist Agents and Managers

Agency licensing continues to be a topic of relevance to agents and managers in our field. Specifically, the validity of contracts between artists and agents, and between agents and presenters, has been questioned. Based on our recent working history, NAPAMA just completed an updated guide to the regulations and requirements for agents and managers working in the 50 states of our union.

The current study continues what we already knew: A number of states do not require a specific professional license for "artist agents" or "artist managers." It's still accurate that several states organize agents along with talent agencies, employment agencies or private employment agencies, or simply require a general business license. Some states have not decided whether or not agencies need to be licensed, and they refer inquiries to their legal department, which may or may not respond to the inquiries. Some states have quite detailed, and somewhat confusing, requirements that need to be approached individually. New York and California are among these. States that do require licensing usually charge a fee, typically a few hundred dollars. This is a bonding fee which is both accessible and not expensive. Employer identification with appropriate federal ID information and sample contracts may be requested.

State websites vary in quality, detail of information provided, and ease of access to answers being sought. There are some states that delegate professional licensing requirements to their counties and municipalities. In those instances you may need to check the appropriate local requirements. In these localized instances there may be a professional license required of the agent or manager allowing general business to be conducted in that environment.

It should be noted that the Provinces of Canada do not require agents and managers to be licensed.

The information herein is as accurate and up-to-date as possible. Please use this information as a guideline and not a final, legally documented statement of State Laws. Check the regulations with the State Departments of Labor where you are engaging in professional activities. This will help you know that you have the specific guidelines required to do business under that state’s jurisdiction. Your professional peers currently working in those states can serve as resources to provide you the guidelines for working within that state’s laws and procedures. The regulations for states can change. Hence, it is important that you get the most current applicable laws inherent to your business practice within each state’s legal requirements.

NAPAMA cannot be held liable for actions arising from the use of information on these pages. This is a series of guidelines by state. NAPAMA cannot be held responsible for the contents of externally linked pages, which are under the control of each individual state. If you have any updates, questions or comments, please contact us. Your understanding of the previously stated guidelines is most appreciated. As your support organization, we hope that these are of help to you. If you feel the need for additional information or clarification, we would appreciate knowing that as well.

Jump to state

AL - AK - AZ - AR - CA - CO - CT - DE - DC - FL - GA - HI - ID - IL - IN - IA - KS - KY - LA - ME
MD - MA - MI - MN - MS - MO - MT - NE - NV - NH - NJ - NM - NY - NYC - NC - ND - OH
OK - OR - PA - RI - SC - SD - TN - TX - UT - VT - VA - WA - WV - WI - WY - Back to top


ALABAMA (AL)

There is no specific professional license required for agents and managers. Only the presenter needs a Section 82 business license for each performer presented.


http://www.ador.state.al.us/licenses/index.html


Severance & License Section

P. O. Box 327550

Montgomery, Alabama 36132-7550

(334) 353-7827


ALASKA (AK)

There is no specific professional license required for agents and managers; however, a license for an employment agency may be required.


http://commerce.alaska.gov/occ/home_bus_licensing.html


Division of Corporations & Licensing Business Licensing Program

333 W. Willoughby Avenue, 9th Floor

Juneau, AK 99801

(907) 465-2550


ARIZONA (AZ)

Artist managers and agents are required to have an employment agency license if the artist is paying the manager/agent a portion of their fee. However, if the agent is paid directly by the presenter ("employer") and the artist is paid directly by the employer, then the agent is not required to have a license.


http://www.ica.state.az.us/Labor/Labor_PvtEmp_main.aspx


Industrial Commission of Arizona

800 W. Washington Street

Phoenix, AZ 85007

(602) 542-4515


ARKANSAS (AR)

There is no professional license required for agents and managers; however, each venue is required to have a license.


http://www.arkansas.gov/


Information Network of Arkansas

425 W. Capitol, Suite 1620

Little Rock, AR 72201

(501) 371-4547


CALIFORNIA (CA)

A professional license is required for talent agents.


http://www.dir.ca.gov/dlse/Talent_Agency_License.html


Department of Industrial Relations

Division of Labor Standards Enforcement

Licensing and Registration Unit

455 Golden Gate Ave., 9th Floor

San Francisco, CA 94102

(415) 703-4846


Also helpful is the Association of Talent Agents website:


http://www.agentassociation.com/frontdoor/news_detail.cfm?id=%20429


COLORADO (CO)

There is no specific professional license required for agents and managers; however, a business license may be required.


http://www.colorado.gov/oed/industry-license/39IndDetail.html


Office of Economic Development and International Trade

1625 Broadway, Suite 2700

Denver, CO 80202

(303) 892-3840


CONNECTICUT (CT)

Connecticut requires that employment agencies be licensed, but the regulation is not intended to govern agents and managers. There is no applicable professional license required by the State of Connecticut, but agents and managers should contact the Department of Labor to obtain a clarification of their particular situation.


http://www.ctdol.state.ct.us/


Office of Program Policy

Department of Labor

200 Folly Brook Boulevard

Wethersfield, CT 06109

(860) 263-6765


DELAWARE (DE)

There is no professional license required for agents and managers; however, a business license may be required.


http://dpr.delaware.gov/default.shtml


Division of Professional Regulation

Cannon Building

861 Silver Lake Blvd. Suite 203

Dover, Delaware 19904

(302) 744-4500

(302) 577-8200 Business License Office


DISTRICT OF COLUMBIA (DC)

There is no professional license required for agents and managers, but a basic business license may be required, depending on how your business is organized (corp., LLC, etc.).


http://brc.dc.gov/licenses/licenses.asp


Department of Consumer and Regulatory Affairs

1100 4th Street SW

Washington, DC 20024

(202) 442-4311


FLORIDA (FL)

Florida requires a license for the operation of a talent agency. The exception is in the case of those agents representing registered not-for-profit 501(c)(3) organizations, in which case no license is required. In Florida, a person acting as an agent is required to be licensed when securing, for a fee, entertainment engagements for their client.


http://www.myfloridalicense.com/dbpr/pro/talent/index.html


Department of Business & Professional Regulation

1940 North Monroe Street

Tallahassee, FL 32399

(850) 487-1395


AL - AK - AZ - AR - CA - CO - CT - DE - DC - FL - GA - HI - ID - IL - IN - IA - KS - KY - LA - ME
MD - MA - MI - MN - MS - MO - MT - NE - NV - NH - NJ - NM - NY - NYC - NC - ND - OH
OK - OR - PA - RI - SC - SD - TN - TX - UT - VT - VA - WA - WV - WI - WY - Back to top


GEORGIA (GA)div>

There is no professional license required for agents and managers.


http://www.georgia.gov/00/channel_title/0,2094,4802_5039,00.html


Georgia Chamber of Commerce

233 Peachtree Street, NE

Suite 2000

Atlanta, GA 30303

(404) 223-2264


HAWAII (HI)

There is no professional license required for agents and managers.


http://hawaii.gov/dcca/breg


Department of Commerce and Consumer Affairs

Business Registration Division

P. O. Box 40

Honolulu, Hawaii 96810

(808) 586-2744


IDAHO (ID)

There is no professional license required for agents and managers.


http://www.idaho.gov/business/licensing.html


Idaho.gov

999 Main St, Suite 910

Boise, ID 83702

(208) 332-0102


ILLINOIS (IL)

Illinois requires a private employment agency license if the artists you represent are employees of yours. If not, no specific license is required.


http://www.state.il.us/agency/idol/laws/Law515.htm


State of Illinois Department of Labor

Chicago Office

Michael A. Bilandic Bldg

160 N. LaSalle - 13th Floor

Chicago, IL 60601

(312) 814-6910


INDIANA (IN)

There is no specific professional license required for agents and managers.


http://www.in.gov/pla/


Professional Licensing Agency

302 West Washington Street, Room E072

Indianapolis, IN 46204

(317) 232-2980


IOWA (IA)

There is no specific professional license required for agents and managers.


http://www.state.ia.us/government/com/prof/home.html


Iowa Professional Licensing Bureau

1920 S. E. Hulsizer Road

Ankeny, IA 50021

(515) 281-7447


KANSAS (KS)

There is no specific professional license required for agents and managers. The state does require a license for a private employment agency; however, it was determined that "talent agencies and artist managers were not the intended target."


http://www.dol.ks.gov/es/html/agency_EMP.html


Kansas Department of Labor

Employment Standards

401 SW Topeka Boulevard

Topeka, KS 66603

(785) 296-4062


KENTUCKY (KY)

There is no specific professional license required for agents and managers.


http://kentucky.gov/business/pages/businesscenter.aspx


Kentucky Division of Occupations and Professions

P.O. Box 1360

Frankfort, KY 40601

(502) 564-3296


LOUISIANA (LA)

There is no specific professional license required for agents and managers.


http://www.laworks.net/


Louisiana Department of Labor

Office of Occupational Information Services

Research & Statistics Division

P.O. Box 94094

Baton Rouge, LA 70804

(225) 342-3111


MAINE (ME)

There is no specific professional license required for agents and managers; however, it is recommended that you contact your local municipal offices to ensure you are in compliance with their needs.


http://www.maine.gov/pfr/professionallicensing/index.shtml


Department of Professional & Financial Regulation

Office of Licensing & Registration

35 State House Station

Augusta, Maine 04333

(207) 624-8603


AL - AK - AZ - AR - CA - CO - CT - DE - DC - FL - GA - HI - ID - IL - IN - IA - KS - KY - LA - ME
MD - MA - MI - MN - MS - MO - MT - NE - NV - NH - NJ - NM - NY - NYC - NC - ND - OH
OK - OR - PA - RI - SC - SD - TN - TX - UT - VT - VA - WA - WV - WI - WY - Back to top


MARYLAND (MD)

An employment agency license is required by the State. The State does not differentiate between managers and agents.


http://www.dllr.state.md.us/labor/wages/empa.shtml


Department of Labor, Licensing and Regulation

Division of Labor and Industry

1100 North Eutaw Street, Room 606

Baltimore, MD 21201

(410) 767-2241


MASSACHUSETTS (MA)

Theatrical booking agents, personal agents and managers must have a license, obtainable from the Commissioner of Public Safety.


http://www.mass.gov/?pageID=eopsterminal...


Department of Public Safety

One Ashburton Place Room 1301

Boston, Massachusetts 02108

(617) 727-3200


MICHIGAN (MI)

There is no specific professional license required for agents and managers.


http://www.michigan.gov/lara/0,4601,7-154-10603-42245--,00.html

http://www.cis.state.mi.us/verify.htm


Licensing and Regulatory Affairs

P.O. Box 30004

Lansing, MI 48909

(517) 373-1820


MINNESOTA (MN)

There is no specific professional license required for agents and managers. The State does, however, require licensing of Athlete’s Agents.


http://www.state.mn.us/


Minnesota Department of Commerce

85 7th Place East, Suite 500

St. Paul, MN 55101

(651) 296-4026


MISSISSIPPI (MS)

There is no specific professional license required for agents and managers, unless the agency forms a corporation in the State of Mississippi, in which case they must be registered. The State does, however, require licensing of Athlete’s Agents.


http://www.mississippi.gov/ms_sub_template.jsp?Category_ID=3


Office of Secretary of State Business Services

700 North Street

Jackson, Mississippi 39202

(601) 359-1633


MISSOURI (MO)

There is no specific professional license required for agents and managers. The State does, however, require licensing of Athlete’s Agents.


http://pr.mo.gov/


Missouri Division of Professional Registration

3605 Missouri Boulevard

P.O. Box 1335

Jefferson City, MO 65102

(573) 751-0293


MONTANA (MT)

There is no specific professional license required for agents and managers.


http://mt.gov/revenue/programsandservices/onestop.asp


Montana Department of Revenue

Sam W. Mitchell Bldg.

125 N. Roberts, 3rd Floor

Helena, Montana 59604

(406) 444-6900


NEBRASKA (NE)

There is no specific professional license required for agents and managers.


http://www.sos.state.ne.us/business/


Nebraska Secretary of State

Licensing Division

P.O. Box 94608

Lincoln, NE 68509

(402) 471-8606


NEVADA (NV)

There is no specific professional license required for agents and managers; however, a license for a private employment agency may be required.


http://www.laborcommissioner.com/


Office of the Labor Commissioner

555 E. Washington Ave. Suite 4100

Las Vegas, NV 89101

(702) 486-2650


NEW HAMPSHIRE (NH)

There is no specific professional license required for agents and managers.


http://www.nhes.state.nh.us/elmi/licertreg.htm


Economic and Labor Market Information Bureau

New Hampshire Employment Security

32 South Main Street

Concord, NH 03301

(603) 228-4124


AL - AK - AZ - AR - CA - CO - CT - DE - DC - FL - GA - HI - ID - IL - IN - IA - KS - KY - LA - ME
MD - MA - MI - MN - MS - MO - MT - NE - NV - NH - NJ - NM - NY - NYC - NC - ND - OH
OK - OR - PA - RI - SC - SD - TN - TX - UT - VT - VA - WA - WV - WI - WY - Back to top


NEW JERSEY (NJ)

New Jersey requires a license for an entertainment agent.


http://www.nj.gov/oag/ca/home.htm


New Jersey Office of the Attorney General

Division of Consumer Affairs

Office of Consumer Protection

Regulated Business Section

124 Halsey Street, 7th Floor

Newark, NJ 07102


NEW MEXICO (NM)

There is no specific professional license required for agents and managers; however, a license for an employment agency may be required.


http://www.rld.state.nm.us/index.html


Regulation & Licensing Department - Toney Anaya Building

2550 Cerrillos Road

Santa Fe, New Mexico 87505

(505) 476-4500


NEW YORK STATE (NY)

The State of New York requires a license for theatrical agents.


http://www.labor.ny.gov/home/


New York State Governor’s Office of Regulatory Reform

Online Permit Assistance and Licensing – OPAL

Empire State Plaza

Agency Building 1, 4th Floor

P.O. Box 2107

Albany, NY 12220

(518) 474-8275


State of New York Department of Labor Employment Agency Law website:


http://www.labor.ny.gov/formsdocs/wp/ls390.pdf


NEW YORK CITY

The New York City Department of Consumer Affairs requires licenses for artist agents but not for artist managers. This is well covered by Brian Taylor Goldstein's article, A License to Manage.


http://home.nyc.gov/html/dca/html/licenses/034.shtml


New York Department of Consumer Affairs

42 Broadway, 5th Floor

New York, NY 10004

(212) 639-9675


NORTH CAROLINA (NC)

A professional license is required for employment agencies, including talent agencies and artist managers.


http://www.nclabor.com/


North Carolina Department of Labor

1101 Mail Service Center

Raleigh, NC 27699

(919) 807-2796


NORTH DAKOTA (ND)

There is no specific professional license required for agents and managers; however, a license for an employment agency may be required.


http://www.nd.gov/labor/agency/index.html


North Dakota Department of Labor

600 East Boulevard Avenue, Dept 406

Bismarck ND 58505

(701) 328-2660


OHIO (OH)

There is no specific professional license required for agents and managers.


http://ohio.gov/


Office of the Program Director

30 E. Broad Street, 39th Floor

Columbus, OH 43215

(866) 644-6468


OKLAHOMA (OK)

There is no specific professional license required for agents and managers.


http://www.ok.gov/odol/


Oklahoma Department of Labor

3017 N Stiles, Suite 100

Oklahoma City, OK 73105

(405) 521-6100


OREGON (OR)

There is no specific professional license required for agents and managers.


http://licenseinfo.oregon.gov/


Department of Labor and Industries

800 NE Oregon Street, Suite 1045

Portland, OR 97232

(971) 673-0761


PENNSYLVANIA (PA)

An employment agency license is required for agents and managers.


http://www.dli.state.pa.us/landi/cwp/view.asp


Pennsylvania Department of Labor and Industry

Room 1700

651 Boas Street

Harrisburg, PA 17120

(717) 787-4134


AL - AK - AZ - AR - CA - CO - CT - DE - DC - FL - GA - HI - ID - IL - IN - IA - KS - KY - LA - ME
MD - MA - MI - MN - MS - MO - MT - NE - NV - NH - NJ - NM - NY - NYC - NC - ND - OH
OK - OR - PA - RI - SC - SD - TN - TX - UT - VT - VA - WA - WV - WI - WY - Back to top


RHODE ISLAND (RI)

There is no specific professional license required for agents and managers.


http://www.dbr.state.ri.us/


Rhode Island Department of Business Regulation

1511 Pontiac Avenue

Cranston, RI 02920

(401) 462-9500


SOUTH CAROLINA (SC)

There is no specific professional license required for agents and managers.


http://www.llr.state.sc.us/pol.asp


South Carolina Department of Labor, Licensing and Regulation

Synergy Business Park

Kingstree Building

110 Centerview Dr.

Columbia, SC 29210

(803) 896-4300


SOUTH DAKOTA (SD)

There is no specific professional license required for agents and managers.


http://dlr.sd.gov/


South Dakota Department of Labor and Regulation

700 Governors Drive

Pierre, SD 57501

(605) 773-3101


TENNESSEE (TN)

There is no specific professional license required for agents and managers.


http://www.tennessee.gov/commerce/boards/


Tennessee Department of Commerce and Insurance

500 James Robertson Pkwy

Davy Crockett Tower

Nashville TN 37243

(615) 741-2241


TEXAS (TX)

There is no specific professional license required for agents and managers.


http://www.tdlr.state.tx.us/talent/talent.htm


Texas Department of Licensing and Regulation

P.O. Box 12157

Austin, TX 78711

(800) 803-9202


UTAH (UT)

There is no specific professional license required for agents and managers. The State does, however, require licensing of Athlete’s Agents.


http://www.dopl.utah.gov/index.html


Department of Professional Licensing

P.O. Box 146741

Salt Lake City, Utah 84114

(801) 530-6628


VERMONT (VT)

There is no specific professional license required for agents and managers.


http://vtprofessionals.org/


Office of Professional Regulation

National Life Bldg, North FL2

Montpelier, VT 05620

(802) 828-1505


VIRGINIA (VA)

There is no specific professional license required for agents and managers.


http://www.dpor.virginia.gov/dporweb/serviceslicensees.cfm


Department of Professional and Occupational Regulation

9960 Mayland Drive

Suite 400

Richmond, Virginia 23233

(804) 367-8500


WASHINGTON (WA)

There is no specific professional license required for agents and managers.


http://bls.dor.wa.gov/licensing.aspx


Business Licensing Service

P.O. Box 9034

Olympia, WA 98507

(800) 451-7985


WEST VIRGINIA (WV)

There is no specific professional license required for agents and managers; however, a general business license may be required.


http://www.sos.wv.gov/Pages/default.aspx


West Virginia Secretary of State Business and Licensing Division

Bldg. 1, Suite 157-K

1900 Kanawha Blvd. East

Charleston, WV 25305

(304) 558-8000


WISCONSIN (WI)

There is no specific professional license required for agents and managers.


http://drl.wi.gov/


Department of Regulation and Licensing

P.O. Box 8935

Madison, WI 53708

(608) 266-2112


WYOMING (WY)

There is no specific professional license required for agents and managers.


http://www.wyomingbusiness.org/content/about


Wyoming Business Council

214 W. 15th Street

Cheyenne, WY 82002

(307) 777-2800