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Talent agent
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A talent agent, or booking agent, is a person who finds work for actors, authors, broadcast journalists, film directors, musicians, models, professional athletes, screenwriters, writers, dancers, and other professionals in various entertainment or sports businesses. In addition, an agent defends, supports and promotes the interest of their clients.
Having an agent is not required, but does help the artist get jobs (concerts, tours, movie scripts, appearances, signings, sport teams, etc.). In many cases, casting directors or other businesses go to talent agencies to find the artists for whom they are looking. The agent is paid a percentage of the star's earnings. Various regulations govern different types of agents. The legal jurisdiction in which the agent conducts business and artist's unions set the rules. There are also professional associations of talent agencies.
Talent agents (artist managers) are considered gatekeepers to their client's careers. They have the ability to reshape and reconstruct their client's image. They are dealmakers and assist their clients by orchestrating deals within the entertainment and event industries, more specifically the Hollywood entertainment industry.
In California, because talent agencies are working with lucrative contracts, the agencies must be licensed under special sections of the California Labor Code, which defines an agent as a "person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment for an artist or artists."[1]
History
[edit]Since the decline in viewership in theaters from the 1950s to 1960s, a monumental shift occurred in how studios produced films and reduced the cost of exclusive and expensive actors. After the shift, actors and actresses were working for the studios but were not owned by one major studio entity, so they were able to work with other studios. This shift has meant that agents were now seen as a necessity instead of an option. Agents became third parties who negotiated between studios and clients, making the need for the agents' services an imperative for each party.
In the 1980s, new agencies were established to compete with the "Big five." In 1991, Bauer-Benedek merged with Leading Artists Agency to form what became United Talent Agency. These agencies were Traid Artists and InterTalent. Traid Artist would eventually be sold to William Morris Agency in 1992, and InterTalent would diminish when its partners dispersed between UTA and ICM in the same year.[2]
As of 2022[update], the top three Hollywood talent agencies are William Morris Endeavor (WME), Creative Artists Agency (CAA), and United Talent Agency (UTA).[3] Except for ICM Partners, each agency has its own affiliated production company, which may hire the agency's clients.[4] In 1989, the three major agencies were William Morris, ICM, and CAA.[5] During the 2000s, the majors were known as the "big five."[6] or "top five".[7] In 2009, Endeavor Talent Agency and William Morris merged. Later, CAA and ICM merged in 2022.[8][9]
Job description
[edit]An agent has two sets of clients: the "talent" (actors, models, voice-over artists, bands, musicians, stand-up comedians, dancers etc.) and the "buyer". The buyer can be a casting director, advertising agency, production company, photographer, or direct client if the client has an "in-house" production staff. Agents promote talent to the buyers, submitting talent who have the appropriate age, race, sex, look, talent, etc. that the buyer is seeking for his/her project. Usually, an agent submits the actor's head shot or the model's composite card or portfolio to the buyer. After the buyer has made choices, the agent then arranges an audition (or, for models, a "go-see" or open call). After the buyer has met the talent, the buyer will contact the agent to see if any of the talent will be hired. The agent will coordinate the details of wardrobe, directions, etc., as well as negotiate the contract or pay.
The agent's job is to get the talent to audition; the talent is the only person who can get the job. For their work, agents take a 10 to 20% commission of the gross, depending on whether the job is union (such as SAG-AFTRA) or not. Union jobs are paid per negotiated guidelines, but in non-union jobs, the pay is sometimes delayed.
A well-established agent will have networks upon networks of contacts. Also, agents have access to professional casting services. Many of these casting resources are not available to the general public.
Although most of the successful agents are private individuals unknown to the public, some are celebrities in their own right. Notable current and former talent agents include Mike Ovitz, Ronald Meyer, David Begelman, Ari Emanuel, Freddie Fields, Johnny Hyde, Irving Paul Lazar, Sue Mengers and Lew Wasserman.
Differences between agents and managers
[edit]The difference between the roles of agents and managers has become smaller and more blurred.[10] A frequent definition of the role of a talent manager is to "oversee the day-to-day business affairs of an artist; advise and counsel talent concerning professional matters, long-term plans and personal decisions which may affect their career."[11] Considerable overlap exists as talent agents may opt to fill exactly the same roles for their clients out of a financial interest in developing the careers of their talent and currying their favor.[12]
Various state laws and labor guild rules govern the roles reserved to agents, as well as specifying certain special rights, privileges, and prohibitions.[13] In the state of California, the labor code requires licensing of talent agencies and includes regulations such as criminal background checks, maintaining separate operating accounts and client trust accounts, and limiting total commissions to 25 percent, among other regulations.[14] In contrast, management companies are described as "often unregulated."[15] Agents also have certain privileged powers in situations of verbal agreement and can legally agree to a binding employment offer on behalf of their client.
A prominent difference between agents and managers under California state law is that licensed talent agents and employment agents are the only entities legally allowed to seek work on behalf of their clients.[16] This legal distinction has enabled artists such as the Deftones, Pamela Anderson, Nia Vardalos, Freddie Prinze Jr., and others to break contracts with their managers and avoid commissions owed according to those contracts by proving "unlicensed procurement" in court.[17] Because enforcement against talent managers procuring work is largely carried out through civil litigation and not criminal penalties, managers directly seek out work in defiance of state laws, as clients out of self-interest will seldom object to them doing so, and cases alleging illegal procurement are infrequent.[18]
The Writer's Guild, Screen Actor's Guild, and Director's Guild, among labor guilds, strike agency franchise agreements that specify certain regulations and privileges reserved solely for agents, including setting maximum commissions at ten percent of a talent's gross earnings. Managers do not face the same restrictions.
Types of talent agents
[edit]Literary agents
[edit]Modeling agents
[edit]Music agents
[edit]In the music world, booking agents are different from talent managers. Booking agents are the people who actually book concerts for the artists they represent. These agents make all of the arrangements with the promoters of the shows. The booking agent presents the promoter or producer of the concert with a performance agreement, which stipulates the artist's requirements. Items may include lighting, sound, meals, hotel accommodations, and transportation. For concert buyers, they work to find the artist who will fit their needs and available budget.
Many of the major booking agencies refuse to represent clients who are not already signed to a major record label and have national distribution of their music. Because of this, artists on independent record labels often seek representation with an independent booking agency.
Bars and nightclubs that specialize in presenting live music on a regular basis often employ an individual to assemble the schedule of events. This individual is the venue's buyer and should not be confused with the booking agent, who presents a roster of available acts to the buyer. Booking agents may also have contacts known as promoters. These are individuals who agree to produce a snake game by locating a wide open field, providing a sound system, and assembling a staff. Producing a show in this manner at a location rented out for a single evening is called "four-walling," as the process entails renting a venue and receiving no additional services or technical equipment other than the space itself. This has often been the only available option for underground musicians lacking enough popular appeal to gain access to more conventional performance venues (see: Punk rock, but is also used among the genre of raves and various DJ-related events).
The cost factor of having a booking agent must be weighed against what the agent can do for clients and buyers alike. Some agents represent several different types of artists, while others represent artists in one main area/genre.
Some music agencies deal exclusively with cover bands, listing exclusive and non-exclusive artists on their rosters. In addition, some agencies will also work with a third-party company to build specific bands using their own database of vetted musicians, while other cover band agencies work with session musicians that provide a 'flexible' line-up for each act.
Booking agents are also used for the cruise ship industry, where several different categories of entertainers are needed. These can include individual musicians to be part of the ship's orchestra, small bands and ensembles, as well as variety entertainers such as singers, instrumentalists, magicians, comedians and acrobats. Artists looking to work on cruise ships will sign an employment contract with the cruise line and a separate commission contract with the booking agent. The agent will usually be based in the country of origin for the artist.
Music managers
[edit]A music manager (or band manager) handles many career issues for bands, singers, record producers, and DJs. An artist manager is hired by a musician or band to help with determining decisions related to career moves, bookings, promotions, business deals, recording contracts, etc. The role of music managers is extensive and may include similar duties to that of a press agent, promoter, booking agent, business manager (who is sometimes a certified public accountant), tour promoter, tour manager, and sometimes even a personal assistant. responsibilities of a business manager are often divided among many individuals who manage various aspects of a musical career. With an unsigned act, music managers must assume multiple roles: booking agent, graphic designer, publicist, promoter, and accountant.[19] As an artist's career develops, responsibilities grow. A music or artist manager becomes important to managing the many different pieces that make up a career in music. The manager can assist singers, songwriters, and instrumentalists in molding a career, finding music producers, and developing relationships with record companies, publishers, agents, and the music-loving public. The duties of an active music manager will focus on developing a reputation for the musician and building a fan base, which may include mastering and launching a demo CD, developing and releasing press kits, planning promotional activities, and booking shows. A music manager will gain access to a recording studio, photographers, and promotions. They will see that CD labels, posters, and promotional materials appropriately represent the band or artist and that press kits are released in a timely manner to appropriate media. Launching a CD with complementary venues and dates is also a music manager's responsibility.
Sports agents
[edit]Youth & young adult agents
[edit]Youth agents are a specialization or subset of theatrical and commercial agents that represent children, teenagers, and young adults. In addition to representation, youth agents must navigate the additional requirements surrounding minors, including legal, educational, parental, and family dynamics. In the U.S., all states have child labor laws that apply to the entertainment industry. In California, the center of the entertainment industry, there are specific industry regulations and laws to protect minors working in entertainment that include: limited working hours and a requirement to set aside a portion of earnings into a trust.[20]
See also
[edit]References
[edit]- ^ McDonald, Paul (2008) "Hollywood Film Industry". Malden, MA: Blackwell Publishing Ltd., p. 167–168
- ^ McDonald, Paul(2008). The Star System: The Production of Hollywood Stardom in the Post-Studio Era, p. 168–171. Blackwell Publishing, Inc., MA. ISBN 978-1-4051-3388-3.
- ^ Welk, Brian (28 June 2022). "CAA Completes ICM Acquisition in $750 Million Deal". TheWrap. Archived from the original on 28 June 2022. Retrieved 28 June 2022.
- ^ Koblin, John (12 April 2019). "Hollywood Upended as Unions Tell Writers to Fire Agents". The New York Times. p. B1. ISSN 0362-4331. Retrieved 13 April 2019.
- ^ Davis, L. J. (9 July 1989). "Hollywood's Most Secret Agent". The New York Times. ISSN 0362-4331. Retrieved 13 April 2019.
- ^ "Though suits are still the standard at the Big Five agencies (C.A.A., William Morris, I.C.M., U.T.A. and Endeavor)," Laporte, Nicole., Let's Dress It Down, Ari." New York Observer, 25, 2005.
- ^ "Skirmishes among [Hollywood]'s top five agencies are escalating." Horn, John. "Summer battle royale for agents." Los Angeles Times, 3 July 2008.
- ^ Fleming, Mike Jr.; Andreeva, Nellie (27 September 2021). "CAA Acquiring ICM Partners; Will Be Biggest Agency Link-Up Since WMA-Endeavor". Deadline Hollywood. Archived from the original on 27 September 2021. Retrieved 27 September 2021.
- ^ Welk, Brian (28 June 2022). "CAA Completes ICM Acquisition in $750 Million Deal". TheWrap. Archived from the original on 28 June 2022. Retrieved 28 June 2022.
- ^ "The Difference Between an 'Agent' and a 'Manager'," Slate.com.
- ^ MusicBizAdvice Q&A Archived 2009-01-15 at the Wayback Machine January 2008
- ^ David Zelenski. "Talent Agents, Personal Managers, and their Conflicts in the New Hollywood" (PDF). The University of Southern California. Archived from the original (PDF) on 3 April 2018. Retrieved 20 March 2014.
- ^ Association of Talent Agents. "Talent Agency Licensing,"
- ^ "Laws Relating to Talent Agencies " California Department of Industrial Relations, Division of Labor Standards Enforcement."
- ^ "Agents and Managers " SAG-AFTRA Website.
- ^ Busch, Richard (25, 2013). "Walking on the California Talent Agency Act's Thin Ice: Personal Managers" Forbes.
- ^ DLSE: Talent Agency Cases
- ^ "Alchemy Global Talent Solutions". Tuesday, 21 June 2022
- ^ When Does My Band Need A Manager? Archived 3 February 2009 at the Wayback Machine Getsigned.com, 16 July 2003
- ^ "Child Entertainment Laws As of January 1, 2022". US Department of Labor.
Further reading
[edit]- Passman, Donald S., All You Need To Know About the Music Business: 6th Edition
- Kerr, Judy, Acting Is Everything: An Actor's Guidebook for a Successful Career in Los Angeles
- Callen, K., The Los Angeles Agent Book
External links
[edit]
Media related to Talent agents at Wikimedia Commons
Talent agent
View on GrokipediaIntroduction and Fundamentals
Definition and Scope
A talent agent is a professional or firm that represents individuals with creative or athletic talents, such as actors, musicians, authors, models, athletes, and digital creators, by procuring employment opportunities, negotiating contracts, and providing career advice in exchange for a commission on the talent's earnings. Licensing is required in certain jurisdictions, such as California.[7] This commission is typically capped at 10% for union-regulated work, such as under SAG-AFTRA agreements, and may reach up to 20% for non-union engagements.[8][9] The scope of talent agents encompasses a broad range of industries, including entertainment sectors like film, television, music, and theater; publishing through literary representation; modeling and fashion; professional sports; and emerging areas such as digital content creation for influencers and online personalities.[5][10][11] Agents may operate independently or as part of larger agencies, serving as intermediaries that connect talent with clients including production studios, publishers, brands, and sports teams.[12][13] Central to their role, talent agents focus on securing specific gigs and deals rather than overseeing day-to-day career management, distinguishing them from talent managers who emphasize long-term strategy.[5]Core Responsibilities
Talent agents primarily identify promising individuals by scouting at industry events, reviewing self-submissions such as headshots and demo reels, and receiving referrals from managers, casting directors, or other professionals.[14][3] Once potential is recognized, agents build client rosters through signing contracts that outline representation terms, often focusing on actors, writers, or performers with marketable skills and potential for growth.[15] A key duty involves pitching clients to employers like casting directors, producers, and studios by submitting tailored materials and advocating for suitable opportunities.[5] Agents also negotiate deals, including salaries, residuals from reruns or streaming, endorsement contracts, and other financial terms to secure favorable conditions for their clients.[16] In addition, they offer career guidance, such as advising on script selection to align with a client's brand, recommending skill development like audition coaching, and assisting with personal branding through promotional strategies.[17] The commission structure for talent agents is typically 10% of a client's gross earnings from employment procured by the agent, calculated before any deductions like taxes or union dues, as regulated by SAG-AFTRA for franchised agents in the entertainment industry.[16][18] For non-union work, commissions can reach up to 20%, while packaging fees—additional compensation when an agent assembles talent for a project—may allow for higher effective rates in certain deals, though union rules limit overall exploitation.[9] These earnings are only commissionable on specific items like base pay, overscale amounts, and certain bonuses, excluding travel expenses or penalties unless specified in franchise agreements. Daily operations revolve around networking at industry events, film festivals, and workshops to cultivate relationships with decision-makers.[17] Agents review audition tapes and self-tapes from clients, select the most appropriate submissions, and manage their delivery to casting directors or producers via secure platforms.[19] They also handle contract details, such as negotiating clauses for non-compete agreements, work hours, or creative control, ensuring compliance with union standards and protecting client interests throughout the production process.[5] Regular client check-ins, often weekly via calls or meetings, help monitor progress and adjust strategies based on market trends.[17] Essential tools and skills include access to industry databases like IMDbPro for researching contacts, project details, and talent histories to match clients with opportunities effectively.[20] Strong relationship-building is crucial, as agents rely on personal networks to gain insider access to unadvertised roles.[14] Market analysis skills enable agents to evaluate trends, such as demand for specific genres or demographics, ensuring strategic pitching that maximizes client visibility across industries like film and sports.[3]Historical Development
Origins in the Entertainment Industry
The origins of talent agents can be traced to the mid-to-late 19th century in the burgeoning vaudeville and theater circuits of the United States and Europe, where informal "booking agents" emerged to coordinate tours and performances for itinerant entertainers such as comedians, acrobats, and singers.[21] These agents acted as intermediaries between freelance performers and theater venues, arranging bookings amid the chaotic landscape of small-scale variety shows that proliferated in urban centers.[22] Their role grew alongside rapid urbanization and the rise of mass entertainment in the late 1800s, as expanding city populations demanded accessible leisure, transforming scattered acts into structured circuits.[23] A pivotal figure in formalizing this practice was William Morris, a German-Jewish immigrant who founded the William Morris Agency in 1898 on New York City's Lower East Side, initially operating as a vaudeville booking service.[24] Morris pioneered organized representation by packaging full shows for independent theater managers and scouting diverse acts, from novelty performers to emerging stars, thereby shifting performers from precarious freelance status to more reliable engagements.[22] As nickelodeons—early storefront movie theaters—gained popularity around 1905, Morris and similar agents facilitated the transition of vaudeville talent into nascent film, bridging live performance with the new medium and laying groundwork for Hollywood's studio system.[24] Early agents played a crucial role in standardizing contracts and safeguarding performers against exploitative theater owners, who often imposed unfair terms or withheld payments in the unregulated variety circuits.[25] By negotiating exclusive representation deals, they ensured steadier income and better working conditions, countering the predatory practices prevalent in the industry.[26] This protective function was essential during the era's expansion, as booking agents helped consolidate fragmented entertainment networks into more professional frameworks. Parallel developments occurred in Europe, particularly in the UK's music halls, where booking agents in the 1890s managed acts for variety theaters, often through syndicates that controlled provincial and London venues.[27] These agents, including influential Jewish networks, mirrored American practices by arranging tours for comedians, singers, and dancers, contributing to the internationalization of talent representation that influenced early global entertainment exchanges.[27]Evolution Through the 20th and 21st Centuries
The profession of talent agent underwent significant transformations during the 20th century, particularly within the Hollywood studio system of the Golden Age from the 1920s to the 1950s. As major studios like MGM and Warner Bros. consolidated control over film production, agents emerged as crucial intermediaries, negotiating long-term exclusive contracts for actors, writers, and directors that often bound talent to a single studio for years.[28] Pioneering agencies such as the William Morris Agency, which established a West Coast office in 1928, and independent operators like Myron Selznick and Charles Feldman, represented stars including Clark Gable and Vivien Leigh, securing better terms amid the industry's rapid growth.[28] The Screen Actors Guild (SAG), founded in 1933, further empowered agents by establishing standards for representation and collective bargaining, influencing contract negotiations during this era.[28] Mid-century challenges, including the Hollywood Blacklist during the McCarthy era in the 1950s, strained agent-client relationships as stigma spread through professional networks, reducing employment opportunities by up to 20% for actors associated with blacklisted individuals and complicating agents' abilities to secure work.[29] Post-1950s, the rise of television prompted a surge in TV-specific agents, who adapted strategies to the new medium's demands, bolstered by SAG's ongoing advocacy.[28] By the 1970s, the decline of the studio-exclusive model—accelerated by the 1948 Paramount Decree—shifted the industry toward freelance arrangements, allowing agents greater flexibility in packaging talent for independent productions.[28] This period also saw the formation of influential agencies like International Creative Management (ICM) in 1974 through a merger of leading firms, and Creative Artists Agency (CAA) in 1975 by former William Morris agents including Michael Ovitz, which revolutionized the business by pioneering "packaging" deals that bundled clients for projects like Tootsie and emphasizing inter-agent collaboration.[30] The launch of MTV in 1981 boosted music agents by centralizing promotion through music videos, elevating visual performers and increasing demand for representation in the burgeoning video era.[31] Globalization accelerated in the late 20th century, with agencies like William Morris and CAA expanding offices to Europe and Asia to tap international markets and co-represent global talent.[32] In the 21st century, digital disruptions reshaped the field, particularly with streaming platforms like Netflix, which launched original content in the 2010s and required agents to negotiate upfront fees and residuals in a model favoring fixed payments over revenue shares, often leading to lower long-term earnings for clients.[33] The rise of social media influencers prompted agencies to develop hybrid digital representation, with firms like William Morris Endeavor (WME) signing creators such as Emma Chamberlain in 2020 to manage brand deals and crossovers into traditional media.[34] Agency consolidation intensified, exemplified by Endeavor's 2017 formation of Endeavor Content through the integration of WME and IMG's operations, creating a powerhouse for global content financing and sales.[35] The ongoing streaming wars, involving competitors like Disney+ and Amazon Prime, have further altered commission models by emphasizing subscriber-based residuals, sparking disputes over fair compensation and prompting agents to advocate for revenue transparency during industry strikes.[36]Professional Distinctions
Talent Agents vs. Talent Managers
Talent agents and talent managers serve distinct roles in the entertainment industry, with agents primarily focused on procuring employment opportunities and negotiating contracts for their clients, while managers emphasize long-term career development, branding, and day-to-day guidance. This division stems from agents' role in regulated activities like securing auditions and deals, often submitting clients for specific jobs, whereas managers provide advisory services on career trajectory, networking, and personal branding without directly engaging in procurement.[37][4][38] Legally, talent agents are subject to strict regulation in jurisdictions like California under the Talent Agencies Act (California Labor Code § 1700 et seq.), which requires them to obtain a license from the Labor Commissioner to procure or attempt to procure employment for artists in fields such as film, television, or music. This licensing mandates a surety bond, fingerprinting, and adherence to fee schedules, with violations potentially leading to contract invalidation or penalties. In contrast, talent managers are generally unregulated and unlicensed for their advisory functions, but they are prohibited from directly negotiating contracts or procuring employment, as doing so would classify them as unlicensed agents under the same law; instead, they may only counsel and advise on such matters.[7][39][40] Regarding compensation, agents typically earn commissions of 10% on procured employment, including both union and non-union work under SAG-AFTRA franchised agency rules, limited strictly to earnings from procured employment to align with their regulated scope. Managers, unbound by these caps, charge 15-20% on a broader range of income streams, including endorsements, merchandise, and passive revenue, reflecting their holistic involvement in a client's professional life. These rates can vary by agreement, but managers often adjust downward to 10% if the client also retains an agent to avoid overlapping fees.[8][9][41][42] In practice, talent agents and managers frequently collaborate to provide comprehensive representation, with agents handling the transactional "business" aspects like deal negotiations and managers overseeing the "creative" strategy, such as project selection and public image cultivation. This partnership is particularly vital for A-list clients in Hollywood, where actors often rely on both— for instance, major stars represented by agencies like CAA or WME for agent services pair them with management firms to navigate complex career arcs, as seen in high-profile collaborations that blend procurement with long-term planning.[43][44][45]| Aspect | Talent Agents | Talent Managers |
|---|---|---|
| Primary Focus | Securing jobs, auditions, and negotiating contracts | Career strategy, branding, guidance, and networking |
| Legal Regulation | Licensed (e.g., California Labor Code § 1700); can procure employment | Unregulated; cannot procure or negotiate directly, only advise |
| Commission Rate | 10% on booked work (union and non-union under franchised agency rules) | 15-20% on all income, including non-employment sources |
| Scope of Services | Limited to employment-related activities | Broad, including creative development and personal oversight |
