AB 1385

Bill Subjects

Abstract

Existing law, except as specified, prohibits enforcement of a personal service contract beyond 7 years from the commencement of service under the contract. Under existing law, an employee who is a party to a contract to render personal services in the production of specified phonorecords is prohibited from invoking this provision without first giving written notice to the employer that the employee, from and after a specified date, will no longer render service under the contract by reason of the above provision. Existing law specifies that a party to a contract to render personal services in the production of specified phonorecords may still pursue an action for certain damages. This bill would eliminate that provision requiring an employee who is a party to a contract to render personal services in the production of specified phonorecords to give written notice and would also repeal the provisions related to damages. The bill would instead authorize a music talent, as defined, to terminate, at any time, their personal services agreement by sending notice to the contracting party, if an option has not been exercised within 6 months of the earlier of the satisfaction of the delivery obligation for a contract period by the musical talent or the initial commercial release of the applicable music product, and would also prohibit the inclusion of option periods that extend more than 6 months after the earlier of the satisfaction of the delivery obligation for a contract period by the musical talent or the initial commercial release of the applicable music product. This bill would additionally prohibit the initial term, as specified, of a contract for the exclusive or first-priority personal services of an actor on an episodic series, as defined, from extending over 12 months after the earlier of delivery of the executed contract or commencement of the actor's performance on the pilot or first episode of an episodic series. The bill would also require those contracts containing options exercisable by any person other than the actor to have all options exercised, and all of the actor's performance services for optioned seasons completed, within 12 months after the completion of the actor's performance services for the prior season. The bill would specify that if these timeframes are not met, the actor may, at any time, terminate their personal services agreement by sending notice to the contracting party. This bill would prohibit the waiver of its provisions in an individual negotiation, collective bargaining agreement, or other agreement, and void any contract provision that would deprive a music talent or actor of the protections of this bill. The bill would provide that it applies to all unexercised option periods after January 1, 2022, regardless of the start date of the contract containing those option periods.