HB1400: HB1400 Georgia Artist-Promoter Fair Practices Act; enact

26 LC 62 0388 House Bill 1400 By: Representatives Gilliard of the 162nd, Tran of the 80th, and Adeyina of the 110th A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling1 and other trade practices, so as to provide for written disclosures relating to certain fees and2 performance terms; to provide for a rebuttable presumption; to provide for itemized receipts;3 to provide for certain notices; to provide for rescinding of certain fees; to prohibit retaliation;4 to provide for certain exemptions; to provide for a safe harbor; to provide for enforcement;5 to provide for a short title; to provide for definitions; to provide for severability; to provide6 for related matters; to provide for legislative findings; to pr ovide for legislative intent; to7 provide for an effective date and applicability; to repeal conf licting laws; and for other8 purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 The General Assembly finds that:12 (1) Georgia is a nationally recognized center for live music, entertainment, and cultural13 events;14 (2) Transparency and good faith contracting practices promote economic growth and15 reduce disputes;16 H. B. 1400 - 1 - 26 LC 62 0388 (3) Emerging and independent artists frequently lack equal bargaining power;17 (4) Comparable entertainment markets such as New York City, Lo s Angeles, and18 Nashville rely primarily on disclosure based protections; and19 (5) It is in the public interest to prevent deceptive practice s while preserving legitimate20 venue and promoter business models.21 SECTION 2.22 It is the intention of the General Assembly that this Act be interpreted to:23 (1) Promote transparency and informed consent;24 (2) Supplement, not replace, existing contract law;25 (3) Avoid price regulation, compensation mandates, or licensing requirements;26 (4) Avoid imposing affirmative monitoring or investigative duties on venues absent actual27 knowledge of a violation; and28 (5) Avoid any presumption that promoters or venues operating i n good faith engage in29 deceptive or unfair trade practices.30 SECTION 3.31 Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other32 trade practices, is amended by adding a new article to read as follows:33 "ARTICLE 3834 10-1-970.35 This article shall be known and may be cited as the 'Georgia Artist-Promoter Fair Practices36 Act.'37 H. B. 1400 - 2 - 26 LC 62 0388 10-1-971.38 As used in this article, the term:39 (1) 'Artist' means any individual or group engaged in musical, spoken-word, theatrical,40 or other live performance.41 (2) 'Performance related fee' means any monetary charge impose d as a condition of42 performing, including, but not limited to, opening act fees, sl otting fees, marketing or43 promotional buyins, registration fees, lodging charges, administrative cost recovery fees,44 or guaranteed placement payments.45 (3) 'Promoter' means any person or entity that organizes, markets, produces, or facilitates46 a live performance event.47 (4) 'Venue' means any location at which a live performance is presented.48 (5) 'Written disclosure' means written communications regarding contracts and contract49 terms, including, but not limited to, invoices, emails, and electronic communications.50 10-1-972.51 (a) Prior to accepting payment or confirming a performance by an artist, a promoter or52 venue shall provide a written disclosure describing whether a performance is classified as53 a:54 (1) Paid performance;55 (2) Showcase;56 (3) Audition; or57 (4) Promotional or unpaid appearance.58 (b) Such classification shall not create a presumption of compensation or future booking.59 H. B. 1400 - 3 - 26 LC 62 0388 10-1-973.60 (a) Any performance related fee shall be disclosed in a written disclosure prior to payment61 of such fee. The disclosure shall identify the amount, purpose, refundability, and effect on62 placement or set length.63 (b) Failure to provide a written disclosure shall create a reubuttable presumption that the64 promoter or venue engaged in a deceptive practice.65 10-1-974.66 (a) Performance related fees shall be permitted if clearly ide ntified in a contract as67 consideration for the opportunity for the artist to perform.68 (b) No promoter or venue shall state or imply that payment of a performance related fee69 guarantees exposure, industry access, or future bookings unless expressly stated in writing.70 10-1-975.71 (a) A promoter or venue shall provide the artist itemized rece ipts for all performance72 related fees paid by such artist.73 (b) The promoter or venue shall provide the artist written dis closure of the set length,74 performance window, load-in and load-out, soundcheck, and equipment requirements.75 10-1-976.76 (a) Promoters and venues shall notify artists of any alternati ve arrangements relating to77 performances.78 (b) Charges shall reflect fair market value unless otherwise disclosed.79 (c) Undisclosed markups shall not be imposed.80 H. B. 1400 - 4 - 26 LC 62 0388 10-1-977.81 (a) An artist paying a performance related fee more than 14 days in advance may rescind82 such payment within 48 hours of paying such performance related fee by written notice.83 (b) Refunds shall be issued to the artist within ten business days of receipt of such written84 notice by the promoter or venue.85 (c) An artist shall not rescind the payment of the performance related fee after the86 performance has occurred.87 10-1-978.88 Promoters and venues shall provide performance opportunities materially consistent with89 written disclosures and shall not materially reduce conditions in a deceptive manner.90 10-1-979.91 Promoters and venues shall not retaliate against an artist for requesting a written disclosure92 or declining undisclosed performance related fees.93 10-1-980.94 (a) A venue shall be subject to this article only upon:95 (1) Actual knowledge of a deceptive performance related fee; and96 (2) Direct collection or knowingly receiving a benefit from such fee.97 (b) Nothing in this article shall be construed to impose an affirmative duty on a venue to98 investigate, monitor, or audit promoter fee practices absent actual knowledge of deceptive99 practices.100 (c) A venue shall have a safe harbor when reasonably relying on representations made by101 a promoter regarding compliance with this article.102 H. B. 1400 - 5 - 26 LC 62 0388 10-1-981.103 (a) Violations of this article shall be subject to the same ci vil remedies and in the same104 manner as provided by Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act105 of 1975.'106 (b) The Attorney General shall enforce this article.107 (c) Private actions are limited to actual damages and punitive damages for all violations108 of this article.109 (d) There shall be no criminal liability for violations of this article.110 10-1-982.111 This article shall not apply to licensed talent agencies, nonprofit showcases with uniform112 fees and published criteria, or educational or charitable events without performance related113 fees.114 10-1-983.115 If any provision of this article is found invalid, the remainin g provisions shall remain116 effective."117 SECTION 4.118 This Act shall become effective on July 1, 2026, and apply to all performance related fees119 paid on or after such date.120 SECTION 5.121 All laws and parts of laws in conflict with this Act are repealed.122 H. 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