B.C. talent agents face regulation

vancouver: A consortium of b.c. talent agents is claiming that up to 50% of Vancouver’s 40-odd talent agencies may be put out of business by government intervention and have come together to fight the expected regulation.

Group spokesperson Joy Davies, an owner-agent at four-year-old Reel Talent, says some agents rely on commissions on residuals and booking fees from producers of non-union commercials as significant portions of their revenues. Proposed regulation of the talent agent sector would likely eliminate those revenue streams, she explains, and put the viability of some agents at risk.

‘There is a witch hunt and burning going on right now that is part and parcel of the government’s desire to break down the agency system as we know it,’ says Davies. In a bulletin for the Toronto-based Canadian Society of Professional Agents, with which only five Vancouver agents recently qualified to join, Davies says: ‘Governments have no mandate to regulate the private sector’s income sources or levels.’

Through biweekly meetings with Labour Relations Board representative Dan Cahill since October, the agents and government have been hashing out concerns such as definitions and standards and practices.

According to Davies, agents have come to a consensus about timely payment to clients – five days for Canadian productions, 12 days for u.s. shows – but would much prefer to be self-licensing instead of falling under the jurisdiction of the Union of B.C. Performers or an arm of government.

‘We are in favor of deterring dishonesty and people who commit fraud,’ says Davies, aware that talent agents are among the top generators of complaints at the Better Business Bureau. ‘However, the [proposed] legislation will have no bearing on changing that.’

Other government options listed in the discussion paper on the table include:

– limiting talent agent commissions to 15%, which is already standard;

– eliminating ‘application,’ ‘registration’ or ‘administration’ fees, but allowing a one-time photography fee for resume shots;

– setting a lower commission fee when a booking fee is also received; and,

– setting a flat fee for extras paid by producers and eliminating commissions for extras bookings.

Cahill was not available for comment at press time. However, discussions will continue until mid-April with a decision about regulation and its parameters by year end.

This round of talks is a continuation of a wave of government intervention into talent agencies that began last fall. Since October, the government requires 25% of the incomes of children under 15 years of age (above a $5,000 threshold) be held by the Public Trustee until the child reaches 19.

The Public Trustee, which supersedes parents in this regard, was motivated by case work alleging that children were not receiving fair and timely payment from agents, says Labour Ministry spokesman Gordon Williams.