Listen Up July

Monday, 06 Jul 2015

The New Entertainment Industry Act

If you work in the entertainment industry, you should know about the Entertainment Industry Act (the Act). A new Act came into force last March and here’s six elements that have changed:

  1. The removal of licensing and bond requirements that existed under the old Entertainment Industry Act 1989. 
  1. A new category of performer representative (see more at point 4 and 5.) has been created that replaces the separate categories of manager and agent.
  1. The Act also now refers to venue representatives (formerly venue consultants, see more at point 5.) and entertainment industry hirers (anyone who engages or contracts a performer for a performance). 
  1. Performer representative fees are now capped at 10 per cent 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.
  1. Performer representatives and venue representatives must now establish trust accounts for the artist’s performance money.
  1. A Code of Conduct has been introduced 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 apply about handling money and record keeping.

The Act also requires managers to outline in their managerial agreements why they are charging MORE than the default capped commission rate of 10 per cent 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 new performer representative you should read through the Entertainment Industry Managerial Agreements Fact Sheet, as well as the Entertainment Industry Managerial Agreement Checklist. You can also find details on the updated Entertainment Industry Regulation

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 contact the Arts Law Centre of Australia at for legal advice.

Information courtesy of MusicNSW

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