|












|
 |
An Ethical Standard for Talent Agents
Toronto’s entertainment industry has been concerned
for some time about a small but growing problem of unethical talent, modelling
and background agencies. These agencies claim to be part of the legitimate
industry but are really in business to defraud thousands of people every
year out of millions of dollars. They use methods that include:
- Bogus “guarantees”
of work,
- High up-front
registration fees
- Contracts
requiring clients to purchase services – such as photos, Internet
pages and acting classes – for grossly inflated prices.
Organizations from the legitimate entertainment industry
banded together in 1996 to create the Entertainment Industry Coalition
– a broad-based committee representing virtually the entire “talent”
side of the Toronto industry. The EIC wrote down what clients should expect
from legitimate agents in the EIC Code of Ethics and distributes this
Code to arm the public with information about how legitimate agents operate.
EIC Code of
Ethics
AN AGENT (or talent agent, agency, artist’s manager,
or personal manager) is a person, co-partnership, association, firm, corporation
or any other form of business entity who or which offers to (or does)
represent, act as the representative of, negotiate for and/or counsel
or advise any person in or about or in connection with or relating to
his or her employment or professional career as a performer in the entertainment
industry.
The term agent is hereafter deemed to be synonymous with
the terms: talent agent, agency, artist’s manager or personal manager.
A CLIENT means any person seeking engagement
as a performer/artist in the entertainment industry who has entered into
an agreement with an agent providing for the rendering of agency services
for such person by the agent.
The relationship between a CLIENT and an AGENT as
jointly defined above is not to be considered an employer/employee relationship.
The EIC is supported by:
- The Alliance
of Canadian Cinema Television and Radio Artists (ACTRA)
- Talent Agents
and Managers Association of Canada (TAMAC)
- Theatre
Ontario
- Acting
and Modelling Information Service (AMIS)
- Canadian
Actors’ Equity Association (CAEA)
- Casting
Directors Society of Canada (CDC)
- Toronto
Association of Acting Studios (TAAS)
- Union des
Artistes (UdA)
- …
and independent casting directors and agents working and living in the
Toronto area.
The Entertainment Code of Ethics
- An agent will
be truthful in his or her statements to the client
- An agent will
represent all clients in good faith and recognize the uniqueness of
the client’s abilities. An agent will maintain an office, records
and such materials necessary to conduct business normally deemed necessary
to function as an agent.
- An agent will
agree to be equipped and to continue to be equipped to represent the
client ably and diligently in the legitimate entertainment industry
and to so represent the client.
- And agent will
maintain the confidentiality of all dealings on behalf of the client
both during representation and after the representation has terminated.
- It is not a condition
of representation that an agent stipulates the photographer, printer,
school or any other service provider for the client. Should an agent
have any financial interest in above named businesses, full disclosure
about said interest must be provided.
- An agent will
not advertise to the general public for the purpose of soliciting clients
through advertising placed in any form of printed or electronic media
(newspapers, flyers, magazines, telephones, the Internet, fax, CD-ROM
or mailings, etc.)
- If an agent recommends
a service provider in which they have a financial interest, it must
be disclosed to the client at the time of recommendation.
- An agent will
not accept employment as an actor.
- An agent will
maintain an accessible office and telephone during all reasonable business
hours.
- An agent or designate
will be available, at all reasonable hours, for consultation with the
client.
- An agent will,
upon request, make available to a client or prospective client a complete
current list of clients represented by the agency.
- An agent will
inform the client, upon request, of any all activities undertaken on
the client’s behalf.
- An agent will
maintain proper financial books and records.
- An agent will
make all books and records pertaining to a client available to the client
on a regular business day upon forty-eight hours notice.
- An agent will
not commingle monies belonging to clients with monies belonging to the
agent, but will keep such monies in a separate account, which may be
known as the client’s account or trust account.
- An agent will
pay each client his or her share of all monies received on behalf of
the client in a timely manner. All monies belonging to the client received
by the agent shall be faithfully accounted for by the agent and promptly
paid over to the client.
- An agent will
tell the client at the time of signing a representation agreement which
deductions from the client’s share of money the agent may make
for expenses such as materials, photos, voice tapes, commissions and
so on. However, the agent will make clear the client’s option
to undertake the management of any or all of his own materials.
- An agent will
inform a new client that commission due to a former agent be kept current.
- An agent will
use all reasonable efforts to assist the client in procuring employment
in the legitimate entertainment industry.
- An agent will
make no claims or guarantees of employment to prospective clients that
cannot be immediately substantiated.
- An agent will
accept no employment on the client’s behalf without informing
the client of his or her obligations, such as details of fees, performance
credit, working conditions and so on.
- An agent will
negotiate terms and conditions of any employment opportunities offered
in consultation with the client.
- An agent will
recognize and uphold the client’s prerogative to refuse any and
all employment opportunities offered.
*Taken from The
Guide to Talent Agents, Managers & Casting Directors in the Toronto
Area published by ACTRA Toronto Performers.
|