Includes in the definition of "artistic and creative services", for the purposes of the employment and education of child performers, the services of runway and print models; repealer

Summary of specific provisions

Section 1: Amends Labor Law § 150 to include within the definition of "artistic or creative services" of Article 4-A of the Labor Law "runway and print models". Article 4-A of the Labor Law relates to the employment and education requirements that need to be complied with to also protect child performers.

Section 2: Amends Arts and Cultural Affairs Law section 35.01(1) to include within this Article 35 those child performers who "model" in addition those who sing, dance, play a musical instrument or act. This section lists the kinds of performance activities that are covered and protected under this Article 35 as it relates to the provisions of the law to protect child performers.

Section 3: Amends Arts and Cultural Affairs Law section 35.03 to include those child performers who "model" that may also be required to obtain judicial approval of certain contracts for the services of infants. Under current law, child performers who act, dance, are musicians or vocalists are currently covered under the provisions of this act. This bill merely adds those infants who enter into contracts to model.

Section 4: Repeals Arts and Cultural Affairs Law section 35.05 that relates to separate provisions of the law that relate to the employment of children as models. This section is repealed because it has been incorporated into the earlier sections of this bill.

Section 5: This act shall take effect on the thirtieth day after it shall become law and any necessary rules and regulations necessary for implementation are authorized immediately.

Justification

The dangers child models face have often gone unnoticed in the mainstream and there are few adequate protections for them currently in law. Child models are frequently exposed to sexual harassment and do not have adequate protections under the law when it comes to education and financial protections. These very same protections are provided to virtually every other child performer under the law.

Article 4-A of the Labor Law governs the employment and education of child performers. Labor Law § 150(2) defines "child performer" as any

child under the age of eighteen who (a) resides in the state of New York and who agrees to render artistic or creative services; or (b) agrees to render artistic or creative services in the state of New York. Labor Law § 150(1) defines "artistic or creative services" to include "services as an actor, actress, dancer, musician, comedian, singer, stunt-person, voice-over artist, or other performer or entertainer, or as a songwriter, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer." By amending the Labor Law to include "runway and print models" in the definition of artistic or creative services possible for a child performer in Labor Law § 150(1), we can ensure that child models have the same protections of all other child performers.

This bill is strongly supported by the Model Alliance. The Model Alliance specifically recognizes that child models are vulnerable. Most models start their careers in their early teens and adequate protections are not afforded to these individuals. This bill will ensure that the protections applicable to child performers will extend to child models.

Prior legislative history

None

Fiscal implications

None.

Effective date

30 days after it shall become law, that any necessary rules and regulations necessary for implementation are authorized immediately.