California Modeling Lawyer
California Modeling Lawyer Sebastian Gibson, Named A Top Lawyer 13 Years in a Row and Now With Over 45 Years of Experience in California and London
With over 40 years combined experience in California and in London with decades of representing models in the U.S. and internationally, California Modeling Lawyer Sebastian Gibson has built a reputation of representing the interests of models and providing models with the knowledge of modeling law to help them make their way in the world of fashion.
From reviewing a model’s first modeling contract to assisting them to understand modeling law and what rights they have, a modeling lawyer not only with extensive modeling law experience but with the entertainment law experience of Sebastian Gibson can be invaluable to the career of a model.
California Entertainment and Modeling Lawyer Sebastian Gibson represents models, publishers, writers, film and TV producers, actors, musicians, artists, social media influencers and celebrities around the world. Prior to Shepard Smith’s resignation from Fox News, Sebastian Gibson was invited to appear on Shepard Smith’s show on Fox News as a celebrity lawyer and more recently was invited to appear on ITV National News in London to discuss the Prince Harry and Meghan lawsuit filed in Los Angeles for invasion of privacy for photos taken of their son by paparazzi.
With offices in Palm Desert and Newport Beach and law degrees both in California and Great Britain and decades of experience in Palm Springs and Palm Desert, Newport Beach, San Diego, Manhattan Beach and London, and years of living in Europe, Sebastian Gibson is the California Modeling Lawyer to turn to for any modeling law issues anywhere in the world.
Modeling Law
Many states and countries today are passing legislation to protect the safety of models, especially when it comes to minors and health issues when models are pressured to be so thin as to cause their physical and mental health to suffer.
Most recently, California legislators have introduced new legislation aimed at creating health standards and workplace protections for professional models. France has already passed a law that imposes harsh fines on modeling agencies who pressure models to be excessively thin as a condition of their employment.
Models routinely face intense pressure to keep their weight so low it jeopardizes their health. Starvation-related complications have reportedly caused the deaths of models and untold other damage to their physical and mental health.
Not often mentioned alongside the glamour of modeling is the fact that models at times literally starve themselves living on celery to stay thin or because they’re afraid to tell their families they aren’t making the money they thought they would after all their modeling expenses and delays in being paid for their modeling work or after being paid in clothes instead of money.
The legislation in California seeks to protect models by requiring all modeling agencies to be licensed by the state Labor Commission, and not simply those holding themselves out as talent agencies, and by requiring that the state Occupational Safety and Health Standards Board adopt standards for models to address issues such as workplace safety, eating disorders, and sexual exploitation.
The California bill also requires modeling agencies to treat models must as employees, not independent contractors, a classification which would require modeling agencies to provide models with workers compensation, state disability, and state unemployment so they can benefit from all the workplace protections other employees are afforded in California and which are currently not afforded to models in California and in most other states in the U.S.
Independent contractors are responsible for reporting all of their income to the IRS, and must pay for all of their income taxes, social security and self-employment taxes. In addition, independent contractors are not legally entitled to benefits such as unemployment insurance, medical insurance, state disability insurance, and modeling agencies generally do not enforce labor standards to the extent employers do.
As independent contractors, models also have no job security, employment discrimination can exist and they are not protected from wrongful termination. If they are wrongfully terminated by their modeling agency, not only have some claimed to have been blackballed in the industry, but they will not receive unemployment benefits when they are let go by their modeling agency. And when they are let go, they are often told it is because they aren’t thin enough, which takes us back to where we began, the pressure to be so thin as to be unhealthy.
Employees who are not employed “at will,” can only be terminated for good cause and most likely will be eligible to receive unemployment compensation after being laid off or terminated. Not so, models. Employees, as opposed to independent contractors, are governed by state and federal wage and hours laws which include overtime provisions, and they are protected by workplace safety laws, anti-discrimination laws and may even join a union.
While an experienced and highly sought-after model may be able to negotiate a modeling contract that affords her greater pay and more freedom, a less-experienced or new model is more in need of the protections afforded to employees rather than the loose rules governing independent contractors.
Some modeling agencies portray themselves a simply providing advice and counseling to models rather than admitting they are talent agencies which perform the task of obtaining employment for their models. They will present themselves, as they do in New York, as model management companies and claim in their contracts that they don’t actively seek employment of their models.
Some modeling agencies in California will admit that they are the model’s “sole and exclusive agent with respect to procuring modeling jobs employment for the model” but then turn around and state just a few paragraphs later in their contract that they “do not employ model” and “will not provide model with coverage for Workers’ Compensation, State Disability, State Unemployment or any other insurance.”
In other states, such as in California, the prevailing majority present themselves as a talent agency, and governed in California by the Talent Agencies Act, but within their modeling contracts they still categorically state that the model is an independent contractor.
In France, models are both employees and independent contractors, although the two contracts they sign differ with respect to whether they apply to modeling as an employee or having control over the use of their image, as an independent contractor. Models are paid every month, even if the modeling agency isn’t paid by a client. While a model can work at age 16, the modeling agency must obtain a special license for minors and such models have strict working hours.
Somewhat similarly with respect to having two contracts, if a model joins a large modeling agency in the U.S. with offices in Los Angeles and New York, they may be asked to sign a talent agency agreement with the Los Angeles office and a model management agreement with the New York office.
The California Talent Agencies Act and Modeling Law
Today in California, more modeling agencies are inserting language into their modeling contracts directly from the Talent Agencies Act and California Labor Code.
A common reference to the Labor Code in California modeling contracts is a reference to Labor Code Section 1700.40 which provides that in the event the modeling agency collects a fee or expenses for obtaining employment for the model and the model fails to procure such employment, the modeling agency shall repay to the model the fee and expenses so collected. And, they go on to state that unless repayment is made within 48 hours after demand therefor, the modeling agency shall pay to the model an additional sum equal to the amount of the fee.
Another reference to the Labor Code often contained in California modeling contracts today is to state that all controversies arising between the modeling agency and the model under the Labor Code relating to talent agents shall be referred to the Labor Commissioner of the State of California as provided in Section 1700.44 of the Labor Code. Other contracts provide for arbitration and some may provide for arbitration but do not preclude the model from seeking provisional remedies from a court of appropriate jurisdiction.
It’s also more common today to see within a California modeling contract a provision which states that if the model fails to obtain a bona fide offer of employment from a responsible employer during a period in excess of four consecutive months during the agreement, during which time the model is ready, willing and able to accept such employment, either the modeling agency or the model may terminate the agreement by written notice.
Modeling Contracts Provided to Models from Modeling Agencies with Offices in Los Angeles and New York
It is no longer unusual for a model to be provided with two modeling agencies from the same modeling entity, one from their Los Angeles office, a talent agency contract, and a second one from their New York office, a personal management agreement which only speaks of providing the model with such things as career development, management, guidance, and counseling.
If the modeling agreement from the New York office of the modeling entity describes the agreement as a personal management agreement and not simply as a model management agreement, the New York agreement may attempt to obtain a higher additional commission for merchandising and licensing. It will also likely specifically state that the New York office is not a Talent Agency.
Some of the Most Egregious Terms Contained in Modeling Agreements
Damages – That a model’s sole remedy against the modeling agency for loss or damage arising out of the performance or non-performance of the agreement is proven, actual damages and that the modeling agency is not liable for any indirect, incidental, reliance, special, punitive, or consequential damages.
Excessive Control of the Model – That the modeling agency shall have the right supervise and direct the management of the model’s website and all social media accounts, including but not limited to Facebook, Twitter and Instagram. Additionally, all inquiries to any of the model’s social media shall specifically be referred to the modeling agency. The model is even required to provide to the modeling agency copies of the model’s tax returns in some contracts.
Rules the Model Must Adhere to and Damages the Model Must Pay – The model must agree to appear punctually, suitably groomed, and dressed for all scheduled assignments. In the event the model fails to do so in any respect, the model is responsible for any losses or expenses incurred by the modeling agency as a result thereof, including any fees paid to other models and fees or commissions lost by the modeling agency.
Payment by A Model’s Parents When the Model is a Minor – In the event the modeling agency seeks court approval of its modeling agreement during the time of the model’s minority, all costs incurred in connection with doing so shall be mutually paid by the modeling agency and the model or the model’s parents.
Breach of Contract by A Model – That any breach or threatened breach by a model shall be construed as material thereby causing the modeling agency immediate and unavoidable damages which cannot be adequately compensated for by money judgment.
Reserve Account – That the modeling agency shall be allowed to deduct from the model’s earnings and deposit into a non-interest bearing reserve account up to $5,000.00 as a reserve account for repayment of the model’s expenses, advances provided to the model and for payment of commissions due the modeling agency.
The Right to Reimbursement for “Development Costs” of the Modeling Agency – Undefined, some modeling agencies provide in their agreement with a model that they have a right to be reimbursed for “development costs,” and fail to define what these development costs might be or state any limit as to what they might pay to themselves out of the model’s earnings. They even go on to state that the model waives any claim that might otherwise exist for conflict of interest or self-dealing.
Breach of Contract Remedies of the Modeling Agency – In the event of a model’s breach, the modeling agency shall, pending a resolution of its claims, be entitled to hold all funds then held or subsequently received by the modeling agency on behalf of the model and hold them as security for any judgment the modeling agency may obtain against the model.
Draconian Arbitration Provisions – Complete confidentiality. Unless the model buckles under, the modeling agency can start an arbitration at will. No party may disclose anything related to the arbitration to anyone else, except for their attorney or as required by law. The arbitration is final and binding with no appeal and the prevailing party is entitled to their attorney fees.
Unusual Model Agency Expenses For Which Reimbursement is Sought – $450 per year for a blog and $1,000 yearly for being on the modeling agency’s website.
Other Limitations of Rights – The model may not participate in a class action or as a private attorney general in court or arbitration. The model is precluded from any right to recover or share in payments of any amounts of money including back pay, front pay or other damages, costs, expenses or attorneys fees in any government agency or court action. The model waives any right to a trial by jury.
California Modeling Attorney Sebastian Gibson
With offices in Palm Desert in the Palm Springs area and Newport Beach, in Orange County, California, California Modeling Lawyer Sebastian Gibson is the right choice for all matters relating to modeling law in California, and the representation of models in the U.S. and internationally not simply with respect to modeling, but also for any of the additional endeavors within the entertainment industry.
Having obtained law degrees both in California and in Great Britain, and with years of experience practicing international modeling law, California Modeling Lawyer Sebastian Gibson is the modeling attorney to turn to for models throughout the world as they encounter legal issues with their modeling agency, expand their career to acting or other fields in entertainment, or when they are offered their first modeling agency contract.
With over 45 years of experience in the practice of law in California and in London, and law degrees in both the U.S. and in Great Britain, the modeling lawyer to turn to for all your legal needs is California Modeling Attorney Sebastian Gibson. There are few attorneys with the modeling knowledge and experience of Sebastian Gibson and fewer still with the experience of having lived and practiced law not only in California but in Europe for decades.
When you need a top lawyer in the modeling field for your career as a model, the right choice is California Modeling Lawyer Sebastian Gibson. Named a 2023 Top Lawyer by the prestigious Palm Springs Life Magazine for the 13th year in a row.
