Legal Question in Entertainment Law in California

In 2007 I attended an open call for a broadway show and I got the job. At the time I had an exclusive talent agent, but they did not inform me of the audition. THis was my first time having an agent. I got the job and was on broadway for 1 year. When I first got the contract I asked them to take a look at it and they said it was ok. They did not communicate with me for the remainder of my time on braodway. Now 12/1/2009, two years later, I receive a bill for $6000.00 worth of commision they claim I owe them. They threaten to sue me if I don't pay immediately. I am 19 years old, a dancer, and I don't have that kind of money. They never mentioned any type of arrangement where I had to pay them commission from my paychecks which I wouldn't have had a problem doing. Why was this brought to my attention 2 years later with a $6000 bill? Can they sue me? Do I have to pay considering they did not send me to that audition and I attended an open call? Please help this is very scary to me and I don't know what to do.


Asked on 12/08/09, 4:02 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The answer depends on what the contract between you and the agent says, what state law applies, and that state's law. My first thought would be to tell the agent to take a hike, because the agent did not procure the gig for you. But I haven't read the contract. If you are sued, contact an attorney right away.

Congratulations on your run on Broadway and I wish you the best of luck in getting more work.

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Answered on 12/14/09, 11:08 am
Keith E. Cooper Keith E. Cooper, Esq.

If you had an exclusive agreement with them, yes you owe them the money. An exclusive talent agency agreement means that they get paid a percentage of your pay whether they get you the job or not.

It is surprising that they wouldn't have asked to have their percentage paid directly to them when you got paid, or sent you bills every month for the amount owed, but the fact that they didn't doesn't necessarily mean they can't collect it now. (It could be that someone in accounting made a mistake in not billing you before.)

You should get in touch with the agent who reviewed the contract for you (or whoever represented you at the agency) and discuss it with them. They may agree to settle for a reduced amount or let you pay on installments (or both). At the very least, you should expect to pay them a fee for reviewing the contract for you, which might be several hundred dollars.

You might also want to ask Actors Equity if they have an advisor you can talk to about your rights.

You should not, however, just ignore this. If you let this go, they might sue you and get interest and penalties.

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Answered on 12/16/09, 2:17 pm


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