N.Y. Labor Law § 1031: Definitions

§ 1031. Definitions. As used in this article:

1. "Client" means a person or entity that contracts for and manages

the performance of modeling services from a model or model management

company, directly or through intermediaries.

2. "Model" means an individual who, in the course of such individual's

trade, occupation or profession, performs modeling services, regardless

of the individual's status as an employee or independent contractor.

3. (a) "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:

(i) is in the business of managing models participating in

entertainments, exhibitions or performances;

(ii) procures or attempts to procure, for a fee, employment or

engagements for persons seeking employment or engagements as models; or

(iii) renders vocational guidance or counseling services to models for

a fee.

(b) Model managing shall not include direct engagement of a model who

is not represented by an agency or management company for use of models

in a campaign or shoot.

4. "Model management group" means two or more model management

companies that are majority owned by the same ultimate parent, entity or

persons. A model management group may satisfy any reporting and

financial requirements of this article on a consolidated basis. As a

condition of registration as a model management group, each company that

is a member of the group shall guarantee payment of all financial

obligations of each other member.

5. "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.

6. "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 being represented by

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.

7. "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,

including any expenses to be initially incurred by either the model

management company or the model and reimbursed by the client, and other

expectations of the model. A deal memo shall be provided in the language

requested by the model.

8. "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.