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At the end of 1988, petitioner decided to leave Emerald to
start her own agency. At the beginning of 1989, petitioner left
Emerald and started K.C. & Co. Through K.C. & Co., petitioner
functioned as a personal manager for various artists.3
When she left Emerald, petitioner took six artists with her
and began looking for other artists to represent. By the end of
1990, petitioner had developed her own "stable" of artists,
including 17 artists who had signed contractual agreements with
K.C. & Co. In these contracts, K.C. & Co. agreed to advise,
counsel, and direct the development and enhancement of the
artists' careers in exchange for compensation of 10 percent of
the artists' gross earnings. Several artists did not sign
contracts with K.C. & Co. because they were newly referred to
petitioner and their relationship was on a trial basis.
Part of petitioner's role as personal manager was to promote
the careers of her artists. To promote her artists, petitioner
3 Unlike a talent agent, a personal manager is not covered
by the Talent Agencies Act, Cal. Lab. Code secs. 1700-1700.47
(West 1989), or any other statutory scheme and is not required to
obtain a license. The primary function of a personal manager is
that of advertising, counseling, directing, and coordinating the
artist in the development of the artist's career. This function
can include personal and business matters of the artist.
Waisbren v. Peppercorn Prods., Inc., 41 Cal. App. 4th 246, 253,
48 Cal. Rptr. 2d 437, 440 (1995). Personal managers may find
themselves in situations where they would like to procure
employment for their artists; however, to do so, the personal
manager must become a licensed talent agent or work in
conjunction with a licensed talent agent. Cal. Lab. Code secs.
1700.4, 1700.5, 1700.44; see Waisbren v. Peppercorn Prods., Inc.,
supra.
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