* § 1031. Definitions. As used in this article:

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