6750
. (a) This chapter applies to the following contracts entered
into between an unemancipated minor and any third party or parties on
or after January 1, 2000:
(1) A contract pursuant to which a minor is employed or agrees to
render artistic or creative services, either directly or through a
third party, including, but not limited to, a personal services
corporation (loan-out company), or through a casting agency.
"Artistic or creative services" includes, but is not limited to,
services as an actor, actress, dancer, musician, comedian, singer,
stunt-person, voice-over artist, or other performer or entertainer,
or as a songwriter, musical producer or arranger, writer, director,
producer, production executive, choreographer, composer, conductor,
or designer.
(2) A contract pursuant to which a minor agrees to purchase, or
otherwise secure, sell, lease, license, or otherwise dispose of
literary, musical, or dramatic properties, or use of a person's
likeness, voice recording, performance, or story of or incidents in
his or her life, either tangible or intangible, or any rights therein
for use in motion pictures, television, the production of sound
recordings in any format now known or hereafter devised, the
legitimate or living stage, or otherwise in the entertainment field.
(3) A contract pursuant to which a minor is employed or agrees to
render services as a participant or player in a sport.
(b) (1) If a minor is employed or agrees to render services
directly for any person or entity, that person or entity shall be
considered the minor's employer for purposes of this chapter.
(2) If a minor's services are being rendered through a third-party
individual or personal services corporation (loan-out company), the
person to whom or entity to which that third party is providing the
minor's services shall be considered the minor's employer for
purposes of this chapter.
(3) If a minor renders services as an extra, background performer,
or in a similar capacity through an agency or service that provides
one or more of those performers for a fee (casting agency), the
agency or service shall be considered the minor's employer for the
purposes of this chapter.
(c) (1) For purposes of this chapter, the minor's "gross earnings"
shall mean the total compensation payable to the minor under the
contract or, if the minor's services are being rendered through a
third-party individual or personal services corporation (loan-out
company), the total compensation payable to that third party for the
services of the minor.
(2) Notwithstanding paragraph (1), with respect to contracts
pursuant to which a minor is employed or agrees to render services as
a musician, singer, songwriter, musical producer, or arranger only,
for purposes of this chapter, the minor's "gross earnings" shall mean
the total amount paid to the minor pursuant to the contract,
including the payment of any advances to the minor pursuant to the
contract, but excluding deductions to offset those advances or other
expenses incurred by the employer pursuant to the contract, or, if
the minor's services are being rendered through a third-party
individual or personal services corporation (loan-out company), the
total amount payable to that third party for the services of the
minor.