[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR550.2]

[Page 267-268]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 550_DEFINING AND DELIMITING THE TERM ``TALENT FEES''
--Table of Contents
 
Sec. 550.2  Definitions.

    As used in the regulations in this part:
    (a) The term extra payment shall mean a payment, in a specific 
amount, made in addition to the straight-time and overtime compensation 
which

[[Page 268]]

would be due the performer under the agreement applicable to his 
employment and under the Act if the time spent in performing the 
services or special services referred to in paragraph (a) of Sec. 550.1 
had been devoted exclusively to duties as a staff performer; but shall 
not include any payment any part of which is credited or offset against 
any remuneration otherwise payable to the performer under any contract 
or statutory provision;
    (b) The term performer shall mean a person who performs a 
distinctive, personalized service as a part of an actual broadcast or 
telecast including an actor, singer, dancer, musician, comedian, or any 
person who entertains, affords amusement to, or occupies the interest of 
a radio or television audience by acting, singing, dancing, reading, 
narrating, performing feats of skill, or announcing, or describing or 
relating facts, events and other matters of interest, and who actively 
participates in such capacity in the actual presentation of a radio or 
television program. It shall not include such persons as script writers, 
stand-ins, or directors who are neither seen nor heard by the radio or 
television audience; nor shall it include persons who participate in the 
broadcast or telecast purely as technicians such as engineers, 
electricians and stage hands;
    (c) The term special services shall mean services beyond the scope 
of a performer's regular or ordinary duties as a staff performer under 
the agreement applicable to the employment.

[15 FR 402, Jan. 25, 1950]