November 10, 2023

The Entertainment Industry Act – Last Instalment

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In the last of our Blogs on the Entertainment Industry Act, we will look at whether the location of the performer, the manager or agent, or the venue where the performance takes place is relevant in determining the enforceability of your agreement. Whenever we sign legal agreements, there is always a particular location – whether it be a state, territory, or country – where that agreement is enforced. As we mentioned earlier, there are a few types of agreements under the Entertainment Industry Act. In the case of the managerial agreements signed in accordance with the Act, they are subject to the laws of NSW. NSW is currently the only state or territory to have introduced legislation of this kind. The legislation applies to all managers, agents and venue representatives carrying on business in NSW and will apply in certain circumstances in other states. So this has the potential to raise a few grey areas for both performers and performer representatives alike. For example:

I’m a performer from NSW, my agent is from NSW but I’m performing in QLD. Am I covered by the Act?

As a performer the Act will cover whatever agreement you have with your agent or manager (or performer representative) and because the performer representative business, is based in NSW the Act applies. Although you should be aware any agreement you have with a venue, whether it be to play a gig or licence an artwork, is subject to the laws of the venue in that state or territory.

I’m from Victoria and I’ve signed an agreement with my agent from NSW. I’m playing a gig in WA next week. Am I covered by the Act?

As above, the Act applies to all performer representatives carrying on it’s business in NSW, so even if as a performer from Victoria, because your performer representative is based in NSW you will be covered by the Act. Once again, you need to be aware that any agreements you have with a venue will be subject to the laws of that state or territory.

I’m from WA, my manager is from QLD and I’m performing in Sydney. Am I covered by the Act?

In this case your management agreements will not be covered by the laws of NSW and, therefore, the Act does not apply. However, the legislation applies to venue representatives carrying on business in NSW. So although your management agreements will not be covered by the Act, any agreements you sign with entertainment industry hirers and their venue representatives will be covered. Please note that a ‘venue representative’ is defined as person who, for a financial benefit, acts on behalf of an entertainment industry hirer to arrange a performance at a particular venue.

So, as much fun as it sounds you always need to check all your agreements.

So that concludes our final instalment of common questions we’ve received regarding the Entertainment Industry Act. We hope we’ve cleared up some burning questions for you, but if you would like further clarification on any of the above, or in any of our previous blog posts, please do not hesitate to contact us.

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