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.

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!

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.