Legal

All successful business require strong legal basis and understanding. Goldstein & Guilliams PLC has prepared several resources for NAPAMA on contracts as well as state-by-state license requirements for booking agents and artist managers

 

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. These are available to members once you login.


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 Requirements

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

GEORGIA (GA)

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



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


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


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