N.Y. LAB Law § 1031 — New York Code / Act LAB / Article 36 / Section 1031
Definitions
Status: in_force

§ 1031. Definitions. As used in this article:\n  1. "Client" means a person or entity that contracts for and manages\nthe performance of modeling services from a model or model management\ncompany, directly or through intermediaries.\n  2. "Model" means an individual who, in the course of such individual's\ntrade, occupation or profession, performs modeling services, regardless\nof the individual's status as an employee or independent contractor.\n  3. (a) "Model management company" means any person or entity, other\nthan a person or entity licensed as an employment agency under article\neleven of the general business law, that:\n  (i) is in the business of managing models participating in\nentertainments, exhibitions or performances;\n  (ii) procures or attempts to procure, for a fee, employment or\nengagements for persons seeking employment or engagements as models; or\n  (iii) renders vocational guidance or counseling services to models for\na fee.\n  (b) Model managing shall not include direct engagement of a model who\nis not represented by an agency or management company for use of models\nin a campaign or shoot.\n  4. "Model management group" means two or more model management\ncompanies that are majority owned by the same ultimate parent, entity or\npersons.  A model management group may satisfy any reporting and\nfinancial requirements of this article on a consolidated basis. As a\ncondition of registration as a model management group, each company that\nis a member of the group shall guarantee payment of all financial\nobligations of each other member.\n  5. "Modeling services" means the appearance by a model in photographic\nsessions or the engagement of a model in live runway, live, filmed, or\ntaped performances, including on social media platforms, requiring the\nmodel to pose, provide an example or standard of artistic expression or\nto be a representation to show the construction or appearance of some\nthing or place for purposes of display or advertising, including the\nprovisions of castings, fittings, photoshoots, showroom, parts or fit\nmodeling services. "Modeling services" includes the use of a digital\nreplica.\n  6. "Exclusive representation" means an agreement, or a clause\ncontained in an agreement, entered into between a model management\ncompany and a model that restricts such model from being represented by\nanother party not subject to such agreement for a specified period of\ntime or in a specified geographical area, that is similar to such\nmodel's work for the model management company.\n  7. "Deal memo" means a summary written in plain language which\nidentifies the key components of any employment, engagement,\nentertainment, exhibition, or performance, including but not limited to\nthe scope of work, rate of pay, payment term, usages, incurred expenses,\nincluding any expenses to be initially incurred by either the model\nmanagement company or the model and reimbursed by the client, and other\nexpectations of the model. A deal memo shall be provided in the language\nrequested by the model.\n  8. "Digital replica" means a significant, computer-generated or\nartificial intelligence-enhanced representation of a model's likeness,\nincluding but not limited to, their face, body, or voice, which\nsubstantially replicates or replaces the model's appearance or\nperformance, excluding routine photographic edits such as color\ncorrection, minor retouching, or other standard post-production\nmodifications.\n