Issue #035: I tried Grace Beverley’s new AI talent manager, Retrograde (my thoughts as a lawyer)
PLUS news summaries re: Apple mind control, Parke white-labeling & influencers turned actors?
EDITOR’S NOTE <3
After a few weeks off, I am back! Truth be told, I’ve been busy BTS building (trying to execute my content plan from last week’s issue - but in order to do so, there are certain essential building blocks to take care of first). It always makes me smile to hear you enjoy each issue, so thanks to everyone who interacted over the last few weeks during the break.
👀 WHAT YOU CAN EXPECT FROM THIS WEEKLY NEWSLETTER »
Extra, extra, read all about it! The ScrollSavvy Newsletter features the latest in business, law & the creator economy… pulling back the curtains showing BTS of my business… sharing savvy tips to help you not get screwed… & creating community thru common personal interests.
🎧 PLAYLIST THIS WEEK »
Summer throwback vibes »
💭 MOOD THIS WEEK »
Letting my inner child out with my collar-length curls
Been finding so many cute shells, I’m inspired to create something with them
Hair inspo
Had the best pool day (with sunshine, cider, bocce ball, & sushi) with my friend Alex on Sunday
HEADLINES »
Just the tip… (of the iceberg, get your head out of the gutter)
💸 IN BUSINESS & PARTNERSHIPS »
Controlling your Apple device with your MIND! (The Wall Street Journal)
Apple is currently testing technology (in collaboration with Synchron) that would allow users to control Apple devices using neural signals (and an implant). This will change how we interact with technology FOREVER.
Beast Games renewed for 2 more seasons (The Hollywood Reporter)
Despite being “the most viewed unscripted series in [Amazon Prime’s] history,” Mr. Beast admits that he “lost millions on the show, seeking to ensure that it was the most over-the-top competition series in history.” (Id.) TBD whether the 2-season renewal will provide an ROI.
The Frankie Shop x Tabasco (People Brands and Things)
The fashion brand teamed up with Tabasco to launch their own hot sauce, with the label “Frankie is Hot.” The problem I see no one talking about? There is another famous hot sauce brand in town that has a trademark in the hot sauce category: Frank’s RedHot. Considering I had to read the caption 3x to check that the collab was with Tabasco, and NOT Frank’s RedHot, I’d say this is textbook “likelihood to cause consumer confusion.” Nevertheless, Tabasco has a strong defense: their trademark bottle shape confirmed it could not possibly be a deal with any other brand except Tabasco.
AirBnB founder has a “big” announcement (CNBC)
… and it’s basically Groupon / AirBnB experiences (which has existed for years)
Whoop angers customers with updated policies (TikTok)
The updates are giving the same energy as that Black Mirror episode re: plans & pricing.
This Parke deep-dive is stirring some controversy (TikTok)
Part 2 of the deep-dive I shared last issue.
📜 IN LAW & POLITICS »
A NEW Murdaugh murder?!?! (E!)
NVM, when writing this newsletter I just realized that I misread the headline when I saved it… it says Bustr Murdaugh married his fiance, but I thought it said murdered his fiance 😭
🤳🏽 IN SOCIAL MEDIA & THE CREATOR ECONOMY »
I tried RetrogradeAI so you don’t have to (GetRetrograde)
Sharing my thoughts in the feature below :)
Jake Shane x Hacks (TikTok)
TikToker Jake Shane, known for his octopus reviews & improv skits (he’ll act out comment requests that say something like “animals when they realized they weren’t picked for Noah’s Ark”), has made it to the “big screen!” (that is, the big TV screen). Jake acted as a social media manager for the comedian starring in Hacks on Max.
Kim K x Hulu (TikTok)
… and it’s not a reality show.
I got a TikTok strike for replying to this creator’s video (TikTok)
I left a comment saying “what a clown” and it got removed for community guidelines violations - but watch what this girl said & you’ll understand where I was coming from! TBH I vaguely remember getting my first warning when I also called someone a clown. I guess you can’t say that on TikTok.
FEATURE »
I tried Grace Beverley’s new AI talent manager, GetRetrograde, & here are my thoughts as a lawyer.
PLUS: The difference between a talent manager & a talent agent (and why Grace Beverley’s new AI talent manager company, GetRetrograde, might violate US law)
💭 Intro »
I’ve been following Grace Beverley since 2016 BBG days (did anyone else fall victim to Kayla Itsines’ fitness program?) & even met her at a NYC BBG meetup (can confirm she was as bubbly & nice in person). Anyway, I’ve followed along through her various endeavors (her booty band merch line, her Oxford journey, her Tala launch, her productivity planner)… so imagine my excitement when I saw she announced her new venture, Retrograde, an AI talent agent! I have been following along closely since ~October, & 6 months later, the (beta?) version finally launched. Here are my honest thoughts as a lawyer for content creators, who also believes in accessible alternatives to hiring a lawyer (shameless plug for my content creator contract template).
💭 Part 1 » What is Retrograde?
Retrograde is advertised as an AI talent agent named "Emma" that:
Negotiates brand deals for creators
Reviews and negotiates contracts
Pitches creators to brands
Handles communication with brands
Manages invoicing and payment collection
Takes a 10% commission on deals (as opposed to the 20% that managers typically take)
💭 Part 2 » My experience using Retrograde
It’s promising; but it feels incomplete:
First, their actual capabilities don’t match the advertised features. While Retrograde markets themselves to negotiate brand deals for you & handle invoices, their Terms & Conditions state otherwise - their terms clearly state that they don’t provide legal or financial advice.
Meaning, you can’t really expect Emma (the AI assistant) to be able to fully answer your questions (& there will be a LOT of them) or advocate for your best interests (which typical mgmt agencies, with lawyers & finance teams, will do).
Second, the website promises that Emma will perform outreach, but there’s a catch: I asked Emma & she will only start to pitch you for brand deals once your Retrograde email is in your IG bio & you get your first inbound request from a brand to that Retrograde email.
Likewise, there is no “brand deal bank” or database to pitch yourself to, within the platform (this would be a logical next-step for the company).
Lastly, (& the biggest limitation IMO), you can’t upload your own brand deals to get any negotiation support from Emma, who is promised to respond to emails, review the contract, etc. (there is a “general” chat feature, but you can already chat with Claude or ChatGPT for the same advice).
When you sign up, Retrograde gives you an email address (mine is ninathelawyer@getretrograde.com), which you MUST use in your social bios / media kit, in order for brands to contact you (& connect to the program).
This might just be a temporary limitation, but unless you already have a ton of brands reaching out to you (which, if you did, you’d probably have a manager by now), then the Retrograde features are kinda the same as the already-existing chatbots out there.
💭 Part 3 » Is this even legal?
Let’s address the elephant in the room. I am still excited to see where the company grows from here, even though they face SIGNIFICANT roadblocks ahead (they can’t provide legal advice without committing the crime of unauthorized practice of law or “UPL”).
So how do human talent managers get away with this, without committing UPL?
They either 1) fly under the radar, low-key negotiating contracts; 2) hire a lawyer on their team or 3) work in conjunction with registered talent agents (FYI, in states like NY and CA where the entertainment industry is popular, you must be a LICENSED AGENT to solicit and arrange for employment of an artist / creator).
California leads the charge for artist’s rights in the US (NY follows closely, too). I’m licensed in NY, so I can’t speak directly to California laws, but here is what I understand:
In California, talent agencies must comply with California Labor Code § 1700-1700.47 and obtain a proper license from the California Labor Commissioner.
Because Retrograde is actively "procuring employment" by pitching creators to brands & negotiating deals, it appears to be functioning as a talent agency under the eyes of the law.
The website states they operate in "the USA, the UK, or Europe," but doesn't specify if they have obtained the necessary licenses in states like California and New York, which have strict talent agency regulations.
Plus, California also passed the Talent Agencies Act (“TAA”) to protect artists from sh*tty business advice from sneaky ppl on their team. We have alllll heard stories where an artist was taken advantage of, & this is less likely when they have a lawyer (who is governed by ethics rules for the legal profession). When artists are trusting people who are not regulated, there’s no checks-and-balances for sleezy behavior (not to mention, competency - lawyers are overall more educated when it comes to contract law).
Anyway, back to the TAA. Pursuant to the TAA:
Agents must be licensed if they're procuring employment for influencers in certain US states, like California & NY.
Managers (who are not regulated AKA not licensed) should focus on career development and avoid “direct employment procurement” (AKA negotiating brand deals)
Both should work with entertainment attorneys for contract review (while agents are licensed to provide negotiation support, they are busy networking, talking through deals, & emailing back & forth with the brand - so, they typically work with in-house lawyers review the contract & draft changes to ensure it matched the handshake deal made via email).
There’s a “safe harbor provision” (AKA an exception) for managers, which allows managers to participate in negotiations ONLY IF they work alongside a licensed agent.
💭 Part 4 » The verdict?
The law doesn't currently have specific provisions for AI agents. However:
Even though the manager, "Emma" is AI, Retrograde as a company would still need proper licensing if it's performing talent agency functions (talent agencies, like law firms, can face a tonnnn of legal liability, which is why we hold insurance policies to cover our a*s).
The website mentions "our human support team is always available," suggesting there is human involvement. However, it's unclear if licensed agents are reviewing all deals and contracts.
The site claims "full legal review, negotiation of terms & summary of every contract before you sign." This could potentially cross into legal practice territory if it involves interpretation of legal terms and advising on their implications (yet, their T&C state it only “[offers] non-legal guidance on contracts and campaign expectations” & “Retrograde does not provide legal, tax, or financial advice, and any commentary or input is for informational purposes only.”
The TAA safe harbor provision allows non-licensed individuals to "act in conjunction with, and at the request of a licensed talent agency in the negotiation of an employment contract." (The Talent Agencies Act: A Personal Manager's Nightmare - McPherson LLP). It's unclear if Retrograde is partnering with licensed agents to comply with this (but I scoured their website, and their Terms & Conditions, and saw no reference to this - presumably, it would be there, if such a partnership existed).
As it currently exists and operates, it is likely that Retrograde is unfortunately violating US law. I really like Grace and I hope (trust?) she has her own business lawyer to consult with, to guide her through compliance. A lot of entrepreneurs operate with a “ask for forgiveness, not permission” mentality, so I get it. But even though this is “only” used for content creators (which have existed for ~10 years), this also impacts Hollywood (a 100+year, notoriously litigious, highly-regulated industry with a strong legal lobby).
GOSSIP COLUMN <3
… AKA personal updates. Sit down with your favorite morning cup cuz I’ve got some tea ☕️
Not all money is good money; last week, I fired a client that I KNEW I should not have hired in the first place. I had a gut feeling that her case was moreso a personal vendetta, rather than a legitimate legal claim. After more investigation, she became defensive & downright disrespectful. DO NOT ignore the red flags when you initially chat with someone… at least I knew enough to update my contract right before sending to her :)
Not everything is what you see on the internet; like, your fav influencer who posts about allll the cool events might actually just show up, snap a photo, & leave after less than 5 min (I’ve seen this happen with my own 2 eyes).
Not everyone will support your business; even if you support theirs.
OBITUARY »
We are no longer tolerating:
Boring workouts: I’ve been going to a cycling class for 2 weeks consistently, and I am LOVING it.
Non-action: Get the content out there, even if it’s not “perfect.”
The sun: It’s too hot here now, I’m in the AC most of the day.
CLASSIFIEDS »
I’m looking to hire someone to help me with content repurposing for ScrollSavvy. If this is you, please email nina@thecontractguru.com with your resume (& subject line “SCROLLSAVVY SECRET MESSAGE”).
PS… Got an opportunity you want to share? An event coming up? Looking to hire someone? Send a description & if it’s a fit for my audience, I will post it here in the classifieds section.
Work with me! I help businesses, agencies & influencers, big (fractional “in-house” counsel to take the load of legal work off your team’s plate // corporate chats // custom contracts) or small (“quick question” calls // contract support // guest speaking opportunities). Send an email to nina@thecontractguru.com to work together.
Currently manifesting…
Agency clients who need in-house support (I can help negotiate a certain # of contracts per quarter, draft / revise / handle communications, send letters for non-payment etc.)
Service providers who need custom contracts for client work, or are at “that stage” where their old template won’t cut it (copywriters, brand/web designers, OBMs, marketing agencies, etc.)
Small businesses or influencers who have “quick questions” (book a chat here).
BRAIN FOREPLAY »
🍳 WEEKLY WORD SCRAMBLE »
GACINT
GNILMIF
OYDOWHLOL
GATNE
Last week’s answers: Seashell, Sandy, Tides, Footprint… Theme = Beach
THAT’S IT FOR THIS WEEK <3 THANK YOU FOR READING!
See you next week!
xx Nina