Employee obligations: exclusivity options.

Existing law, except as specified, prohibits enforcement of a personal service contract beyond 7 years from the commencement of service under the contract. Under existing law, an employee who is a party to a contract to render personal services in the production of specified phonorecords is prohibited from invoking this provision without first giving written notice to the employer that the employee, from and after a specified date, will no longer render service under the contract by reason of the above provision. Existing law specifies that a party to a contract to render personal services in the production of specified phonorecords may still pursue an action for certain damages. This bill would authorize any music talent who is a party to a contract to render personal services in the production of specified phonorecords to invoke that limitation by giving written notice and paying a third party any contractual advances actually paid by the third party, as specified. The bill would repeal the provisions related to damages. This bill would prohibit a contract for the exclusive personal services of a music talent, as defined, from containing a term that includes option periods that extend more than 12 months after the initial commercial release of the applicable music product. The bill would authorize a music talent, if their option has not been formally exercised within that time period, to terminate at any time their personal services agreement by sending notice to the contracting party. This bill would prohibit the waiver of any of its provisions in an individual contract negotiation, a collective bargaining agreement, or other agreement. The bill would provide that it voids any provision in a contract that would deprive an employee or music talent of its protections.