'We were hopeful they would reach an agreement, but ... the recording industry preferred no legislation at all.'
, Burgess says the well-intended bill is too broad as written by allowing independent artists and musicians to be considered employers. The informal creative process of the independent music creation does not lend itself to regulation, he said, adding that allowing musicians to continue to classify anyone who works with them as independent contractors makes more sense.
After the California Supreme court's ruling in a case involving same-day courier and delivery service Dynamex to establish a strict three-part test to determine whether a worker could be classified as an independent contractor, Gonzalez says it was important to enact legislation that created a clear and consistent standard in the state on employment status.
Burgess said the proposed law will also dissuade musicians from coming to the state to create. Burgess said his organization, as well as the RIAA and others, are still hoping that an exemption for musicians is included before the bill is voted. Exemptions have already been carved out for lawyers, doctors, architects, accountants, travel agents, commercial fishermen and photographers.
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