Home Uncategorized Should A Music Manager Also Be An Agent? Lawsuit To Decide Reinstated

Should A Music Manager Also Be An Agent? Lawsuit To Decide Reinstated

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Artist
managers
, who have been challenging California
laws
which preventing them from booking the artists
they represent, will now get their day in
court
.


image from www.celebrityaccess.com
The Ninth
Circuit U. S. Court of Appeals has vacated a March 2013
decision by U. S. District Court Judge Dean D. Pregerson, which
had previously dismissed the lawsuit brought by the National
Conference of Personal Managers, challenging the
constitutionality of the California Talent Agencies Act (TAA).

The Ninth Circuit stated “The district court found that the
Governor and Attorney General likely had sovereign immunity,
NCOPM likely had standing, and the Labor Commissioner was
likely the appropriate party to sue for her non-adjudicatory
acts. However, the district court had ‘declin[ed] to resolve
those issues fully.'”

The Ninth Circuit’s decision will return the case to the lower
court in order to “to determine the jurisdiction and standing
issues” and “make definite findings.”

The NCOPM lawsuit claims the TAA and the Labor Commissioner’s
enforcement violates due process and equal protection rights,
burdens and interferes with interstate commerce, impairs the
obligations of personal management contracts, burdens and
restricts commercial speech and results in involuntary
servitude without claims of fraud, non-performance or criminal
conduct.

“Personal managers are now one step closer to ending decades of
tyranny imposed by the California Labor Commissioner under the
guise of an unconstitutional statute,” said NCOPM National
President Clinton Ford Billups Jr. –  via Celebrity
Access

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