FACTSHEETS AND CHECKLISTS
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Entertainment Industry Act Changes - Important!
In March 2014, a new Entertainment Industry Act (the “Act”) came into force, streamlining the way the industry is regulated. If you work in the entertainment industry, you should know about the Act.
Some of the major changes include:
- the removal of licensing and bond requirements that existed under the old Entertainment Industry Act 1989;
- a new category of “performer representative” that replaces the separate categories of manager and agent. The Act also now refers to “venue representatives” (formerly venue consultants) and “entertainment industry hirers” (anyone who engages or contracts a performer for a performance);
- performer representative fees are now capped at 10% for those working in film, television and electronic media unless they are acting as a ‘career’ manager and if a higher rate is agreed to in writing under a management agreement;
- performer and venue representatives must now establish trust accounts for the artist’s performance money; and
- the introduction of a Code of Conduct that provides performer representatives with clear guidance on the standards of service required to ensure professional and ethical conduct when providing services to performers
Though managers and agents no longer have to be licensed, as “performer representatives” they are now subject to a Code of Conduct and certain rules about handling money and record keeping. The Act also requires managers to state in their managerial agreements why they are charging more than the default capped commission rate of 10%, and obliges them to give their artists a prescribed information sheet about the new rules. Management agreements must now include a “cooling off” period of three days after signing, during which the artist can terminate.
So, if you manage a band or work as a booking agent, you’re a “performer representative” under the Act, and the new rules apply to you. Whether you’re a musician or a performer representative you should read through the Entertainment Industry Managerial Agreement fact sheet, as well as the Entertainment Industry Checklist. You can also find details on the updated Entertainment Industry Regulation 2014.
Before entering any entertainment industry agreement, performer representatives have to provide performers (or in the case of child performers, the parents of the child) with the ‘Information for Performers’ fact sheet.
If you have any questions about how the Entertainment Industry Act applies to you, speak to your manager, agent or client who can provide you with more information. If you need any further guidance refer to the information sheet entitled Agency Agreements which can be found here, or contact the Arts Law Centre of Australia at www.artslaw.com.au for legal advice.
FESTIVAL AND INDUSTRY EVENTS
Australian Music Business Conference
Bellingen Global Carnival
Big Day Out
Brunswick Music Festival
East Coast Blues & Roots Festival
Entech Trade Show
The Falls Festival
National Folk Festival
Port Fairy Folk Festival
Splendour in Grass
Surry Hills Festival
Woodford Folk Festival
Island Vibe Festival
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