S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6668
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2017
                                ___________
 
 Introduced by M. of A. TITONE -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT to amend the general business law, in relation to deceptive acts
   and practices, and false advertising by talent services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 350-f-2 to read as follows:
   § 350-F-2. TALENT SERVICES. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "ARTIST"  MEANS  AN  ACTOR  OR  ACTRESS RENDERING SERVICES ON THE
 LEGITIMATE STAGE AND IN THE PRODUCTION OF MOTION PICTURES, RADIO ARTIST,
 MUSICAL ARTIST, MUSICAL  ORGANIZATION,  DIRECTOR  OF  LEGITIMATE  STAGE,
 MOTION  PICTURE  OR RADIO PRODUCTIONS, MUSICAL DIRECTOR, WRITER, CINEMA-
 TOGRAPHER, COMPOSER, LYRICIST,  ARRANGER,  MODEL,  OR  OTHER  ARTIST  OR
 PERSON  RENDERING  PROFESSIONAL  SERVICES IN MOTION PICTURE, THEATRICAL,
 RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
   (B) "FEE" MEANS ANYTHING OF VALUE, INCLUDING ANY MONEY OR OTHER  VALU-
 ABLE  CONSIDERATION  CHARGED,  COLLECTED, RECEIVED, PAID OR PROMISED FOR
 ANY SERVICE OR ACT RENDERED OR TO BE RENDERED BY A TALENT SERVICE.
   (C) "PERSON" MEANS  ANY  INDIVIDUAL,  COMPANY,  SOCIETY,  ASSOCIATION,
 CORPORATION,  MANAGER,  CONTRACTOR,  SUBCONTRACTOR, PARTNERSHIP, BUREAU,
 AGENCY, SERVICE, OFFICE, OR THE AGENT OR EMPLOYEE THEREOF; BUT SHALL NOT
 INCLUDE A PUBLIC EDUCATION  INSTITUTION,  A  NONPROFIT  ORGANIZATION,  A
 LABOR  ORGANIZATION,  A PUBLIC INSTITUTION OR A PERSON LICENSED PURSUANT
 TO ARTICLE ELEVEN OF THIS CHAPTER.
   (D) "TALENT SERVICE" MEANS ANY PERSON WHO, FOR A FEE FROM OR ON BEHALF
 OF AN ARTIST, PROVIDES, OR OFFERS TO PROVIDE AN ARTIST, DIRECTLY  OR  BY
 REFERRAL  TO ANOTHER PERSON, WITH LESSONS, COACHING, SEMINARS, WORKSHOPS
 OR SIMILAR TRAINING AS AN ARTIST; CAREER  COUNSELING,  VOCATIONAL  GUID-
 ANCE,  APTITUDE  TESTING OR CAREER EVALUATION AS AN ARTIST; OR A LIST OF
 AUDITIONS, EMPLOYMENT OPPORTUNITIES, TALENT AGENTS OR TALENT MANAGERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00339-01-7

 A. 6668                             2
 
   2. PROHIBITED ACTS. IT SHALL BE CONSIDERED A DECEPTIVE ACT OR PRACTICE
 PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THIS ARTICLE  AND  FALSE
 ADVERTISING  PURSUANT TO SECTION THREE HUNDRED FIFTY OF THIS ARTICLE FOR
 ANY TALENT SERVICE TO MAKE ANY ORAL OR WRITTEN REPRESENTATION  THAT  THE
 TALENT SERVICE WILL OR MAY, DIRECTLY OR INDIRECTLY FOR A FEE, PROCURE OR
 ATTEMPT  TO  PROCURE  FOR AN ARTIST AN EMPLOYMENT OPPORTUNITY OR ENGAGE-
 MENT, AN AUDITION OR JOB INTERVIEW, OR A TALENT AGENT OR MANAGER.  WRIT-
 TEN REPRESENTATIONS AND ADVERTISEMENTS  OF  TALENT  SERVICES  SHALL  NOT
 INCLUDE  TESTIMONIALS THAT MENTION OR IMPLY ANY SUCCESS IN PROCURING FOR
 AN ARTIST ANY SUCH EMPLOYMENT OPPORTUNITY OR ENGAGEMENT, AUDITION OR JOB
 INTERVIEW, OR TALENT AGENT OR MANAGER.
   § 2. This act shall take effect immediately.