N.Y.
Labor Law Section 1031
Definitions
1.
“Client” means a retail store, a manufacturer, a clothing designer, an advertising agency, a photographer, a publishing company or any other such person or entity that receives modeling services from a model, directly or through intermediaries.2.
“Model” means an individual, regardless of the individual’s status as an independent contractor or employee, who performs modeling services for a client and/or model management company or who provides showroom, parts, or fit modeling services.3.
“Model management company” means any person or entity, other than a person or entity licensed as an employment agency under article eleven of the general business law, that:(a)
is in the business of managing models participating in entertainments, exhibitions or performances;(b)
procures or attempts to procure, for a fee, employment or engagements for persons seeking employment or engagements as models; or(c)
renders vocational guidance or counseling services to models for a fee.4.
“Modeling services” means the appearance by a model in photographic sessions or the engagement of a model in live runway, live, filmed, or taped performances, including on social media platforms, requiring the model to pose, provide an example or standard of artistic expression or to be a representation to show the construction or appearance of some thing or place for purposes of display or advertising, including the provisions of castings, fittings, photoshoots, showroom, parts or fit modeling services. “Modeling services” includes the use of a digital replica.5.
“Exclusive representation” means an agreement, or a clause contained in an agreement, entered into between a model management company and a model that restricts such model from performing work for another party not subject to such agreement for a specified period of time or in a specified geographical area, that is similar to such model’s work for the model management company.6.
“Deal memo” means a summary written in plain language which identifies the key components of any employment, engagement, entertainment, exhibition, or performance, including but not limited to the scope of work, rate of pay, payment term, usages, incurred expenses, and expectations of the model. A deal memo shall be provided in the language requested by the model.7.
“Digital replica” means a significant, computer-generated or artificial intelligence-enhanced representation of a model’s likeness, including but not limited to, their face, body, or voice, which substantially replicates or replaces the model’s appearance or performance, excluding routine photographic edits such as color correction, minor retouching, or other standard post-production modifications. * NB Effective June 19, 2025
Source:
Section 1031 — Definitions, https://www.nysenate.gov/legislation/laws/LAB/1031 (updated Dec. 27, 2024; accessed Jan. 11, 2025).
