* § 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.

* NB Effective June 19, 2025