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 OR CONSENTS IN WRITING TO THE TRANSFER OF THEIR LEGAL RIGHT
TO THE USE OF THEIR NAME, PORTRAIT, PICTURE, IMAGE, OR DIGITAL REPLICA
FOR ADVERTISING PURPOSES OR FOR THE PURPOSES OF TRADE, DIRECTLY TO A
CLIENT OR WHO PROVIDES SHOWROOM, PARTS, OR FIT MODELING SERVICES. THE
TERM "MODEL" SHALL INCLUDE INFLUENCERS, CONTENT CREATORS, PERFORMING
ARTISTS AND OTHER PERSONS WHO PERFORM 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 ENTER-
TAINMENTS, EXHIBITIONS OR PERFORMANCES;
(B) PROCURES OR ATTEMPTS TO PROCURE, FOR A FEE, EMPLOYMENT OR ENGAGE-
MENTS FOR PERSONS SEEKING EMPLOYMENT OR ENGAGEMENTS AS MODELS; OR
(C) RENDERS VOCATIONAL GUIDANCE OR COUNSELLING 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. "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND "COMMISSIONER" MEANS
THE COMMISSIONER OF LABOR, EXCEPT THAT A CITY WITH A POPULATION OF ONE
MILLION OR MORE MAY, BY LOCAL LAW, DESIGNATE A CITY AGENCY TO ENFORCE
THE PROVISIONS OF THIS ARTICLE WITHIN THE JURISDICTION OF SUCH CITY, IN
WHICH CASE "DEPARTMENT" SHALL REFER TO THE AGENCY DESIGNATED BY SUCH
LOCAL LAW AND "COMMISSIONER" SHALL REFER TO THE HEAD OF SUCH AGENCY.
7. "DEAL MEMO" MEANS A PLAIN LANGUAGE WRITTEN SUMMARY IN A LANGUAGE
THE MODEL SUFFICIENTLY UNDERSTANDS OF THE KEY TERMS 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.
8. "DIGITAL REPLICA" MEANS A SIGNIFICANT, COMPUTER-GENERATED OR ARTI-
FICIAL INTELLIGENCE-ENHANCED REPRESENTATION OF A MODEL'S LIKENESS,
INCLUDING BUT NOT LIMITED TO, THEIR FACE, BODY, OR VOICE, WHICH SUBSTAN-
TIALLY 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.
§ 1032. REGISTRATION REQUIRED. A MODEL MANAGEMENT COMPANY SHALL NOT
ENGAGE IN BUSINESS FROM OFFICES IN THIS STATE OR ENTER INTO ANY ARRANGE-
MENT WITH A PERSON FOR THE PURPOSE OF PROVIDING MODEL MANAGEMENT COMPANY
S. 2477--C 3
SERVICES TO PERSONS IN THIS STATE UNLESS THE MODEL MANAGEMENT COMPANY IS
REGISTERED UNDER THIS ARTICLE. NO PERSON SHALL USE THE NAME OR TITLE
"MODELING AGENCY", "MODEL MANAGEMENT COMPANY", OR OTHERWISE REPRESENT
THAT IT IS REGISTERED UNDER THIS ARTICLE UNLESS THE ENTITY OR PERSON IS
REGISTERED UNDER THIS ARTICLE. A MODEL MANAGEMENT COMPANY THAT DOES NOT
COMPLY WITH THE PROVISIONS OF THIS ARTICLE SHALL NOT BE A REGISTERED
MODEL MANAGEMENT COMPANY IN THIS STATE.
§ 1033. REGISTRATION PROCESS. 1. EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, EACH MODEL MANAGEMENT COMPANY REQUIRED TO BE REGISTERED UNDER
THIS ARTICLE SHALL PROVIDE THE DEPARTMENT WITH INFORMATION REQUIRED BY
THE DEPARTMENT ON FORMS THAT THE DEPARTMENT SPECIFIES. AT A MINIMUM,
MODEL MANAGEMENT COMPANIES SHALL PROVIDE THE FOLLOWING INFORMATION:
(A) ALL NAMES UNDER WHICH IT CONDUCTS BUSINESS;
(B) THE ADDRESS OF THE PRINCIPAL PLACE OF BUSINESS OF THE MODEL
MANAGEMENT COMPANY AND THE ADDRESS OF EACH OFFICE IT MAINTAINS IN NEW
YORK STATE;
(C) THE MODEL MANAGEMENT COMPANY'S TAXPAYER OR EMPLOYER IDENTIFICATION
NUMBER;
(D) A LIST BY JURISDICTION OF EACH NAME UNDER WHICH THE MODEL MANAGE-
MENT COMPANY HAS OPERATED IN THE PRECEDING FIVE YEARS, INCLUDING ANY
ALTERNATIVE NAMES, NAMES OF PREDECESSORS AND, IF KNOWN, SUCCESSOR BUSI-
NESS ENTITIES; AND
(E) IN THE EVENT THE MODEL MANAGEMENT COMPANY OR THE ULTIMATE PARENT
OF A MODEL MANAGEMENT GROUP IS A PRIVATELY OR CLOSELY HELD COMPANY, THE
MODEL MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP SHALL FILE A LIST OF
ALL PERSONS OR ENTITIES THAT BENEFICIALLY OWN A FIVE PERCENT OR GREATER
INTEREST IN THE MODEL MANAGEMENT COMPANY AT THE TIME OF APPLICATION AND
A LIST OF PERSONS WHO FORMERLY BENEFICIALLY OWNED A FIVE PERCENT OR
GREATER INTEREST IN THE MODEL MANAGEMENT COMPANY OR ITS PREDECESSORS IN
THE PRECEDING FIVE YEARS. IN THE EVENT THE MODEL MANAGEMENT COMPANY OR
THE ULTIMATE PARENT OF A MODEL MANAGEMENT GROUP IS A PUBLICLY TRADED
COMPANY, THE MODEL MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP SHALL
FILE A LIST OF ALL PERSONS OR ENTITIES THAT BENEFICIALLY OWN A FIFTY
PERCENT OR GREATER INTEREST IN THE MODEL MANAGEMENT COMPANY OR THE ULTI-
MATE PARENT OF THE MODEL MANAGEMENT GROUP AT THE TIME OF APPLICATION.
2. EACH MODEL MANAGEMENT COMPANY OPERATING WITHIN THIS STATE SHALL
COMPLETE ITS INITIAL REGISTRATION WITHIN ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS ARTICLE.
3. WITHIN TWO YEARS OF THE INITIAL REGISTRATION OR ANY RENEWAL REGIS-
TRATION, EACH REGISTRANT SHALL RENEW ITS REGISTRATION BY NOTIFYING THE
DEPARTMENT OF ANY CHANGES IN THE INFORMATION PREVIOUSLY PROVIDED PURSU-
ANT TO THIS SECTION.
4. UPON APPLICATION FOR REGISTRATION, A MODEL MANAGEMENT COMPANY OR
MODEL MANAGEMENT GROUP WITH MORE THAN FIVE EMPLOYEES THAT EITHER WORK
FROM A LOCATION IN THIS STATE OR PERFORM WORK RELATING TO MODELS IN THIS
STATE SHALL DEPOSIT WITH THE DEPARTMENT A SURETY BOND IN THE SUM OF
FIFTY THOUSAND DOLLARS.
5. EVERY PERSON LICENSED UNDER THE PROVISIONS OF THIS ARTICLE TO CARRY
ON THE BUSINESS OF A MODEL MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP
SHALL PAY TO THE COMMISSIONER A LICENSE FEE IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE BEFORE SUCH LICENSE IS ISSUED. THE MINIMUM FEE FOR
SAID LICENSE SHALL BE FIVE HUNDRED DOLLARS, AND FOR A MODEL MANAGEMENT
COMPANY OR MODEL MANAGEMENT GROUP OPERATING WITH MORE THAN FOUR PLACE-
MENT EMPLOYEES, SEVEN HUNDRED DOLLARS, PROVIDED, HOWEVER, THAT IF THE
LICENSE IS TO RUN LESS THAN ONE YEAR, THE FEE SHALL BE TWO HUNDRED FIFTY
DOLLARS AND THREE HUNDRED FIFTY DOLLARS RESPECTIVELY, AND IF THE LICENSE
S. 2477--C 4
IS TO RUN LESS THAN SIX MONTHS, THE FEE SHALL BE ONE HUNDRED TWENTY-FIVE
DOLLARS AND ONE HUNDRED SEVENTY-FIVE DOLLARS RESPECTIVELY. FOR THE
PURPOSE OF DETERMINING THE LICENSE FEE WHICH A MODEL MANAGEMENT COMPANY
OR MODEL MANAGEMENT GROUP SHALL PAY, THE APPLICANT FOR SUCH LICENSE
SHALL STATE IN THE APPLICATION TO THE COMMISSIONER THE AVERAGE NUMBER OF
PLACEMENT EMPLOYEES EMPLOYED BY THE APPLICANT'S MODEL MANAGEMENT COMPANY
OR MODEL MANAGEMENT GROUP DURING THE PRECEDING CALENDAR YEAR; OR, IN THE
EVENT THAT THE APPLICANT HAS NOT PREVIOUSLY CONDUCTED A MODEL MANAGEMENT
COMPANY OR MODEL MANAGEMENT GROUP UNDER THE PROVISIONS OF THIS ARTICLE,
HE OR SHE SHALL STATE THE AVERAGE NUMBER OF PLACEMENT EMPLOYEES WHICH HE
OR SHE REASONABLY EXPECTS WILL BE EMPLOYED BY THE MODEL MANAGEMENT
COMPANY OR MODEL MANAGEMENT GROUP DURING THE CALENDAR YEAR IN WHICH THE
LICENSE IS ISSUED. IF THE APPLICATION FOR A LICENSE IS DENIED OR WITH-
DRAWN, ONE-HALF OF THE LICENSE FEE PROVIDED HEREIN SHALL BE RETURNED TO
THE APPLICANT.
6. TWO OR MORE MODEL MANAGEMENT COMPANIES THAT ARE MAJORITY OWNED BY
THE SAME ULTIMATE PARENT, ENTITY OR PERSONS MAY BE REGISTERED AS A MODEL
MANAGEMENT GROUP. 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 OBLI-
GATIONS OF EACH OTHER MEMBER.
7. A MODEL MANAGEMENT COMPANY SHALL BE EXEMPT FROM THE REGISTRATION
REQUIREMENTS SPECIFIED IN THIS SECTION IF SUCH MODEL MANAGEMENT COMPANY:
(A) SUBMITS A PROPERLY EXECUTED REQUEST FOR REGISTRATION AND EXEMPTION
ON A FORM PROVIDED BY THE DEPARTMENT;
(B) IS DOMICILED OUTSIDE THIS STATE AND IS LICENSED OR REGISTERED AS A
MODEL MANAGEMENT COMPANY IN ANOTHER STATE THAT HAS THE SAME OR GREATER
REQUIREMENTS AS THIS ARTICLE; AND
(C) DOES NOT MAINTAIN AN OFFICE IN THIS STATE OR SOLICIT IN ANY MANNER
CLIENTS LOCATED OR DOMICILED WITHIN THIS STATE.
8. THE REGISTRATION AND EXEMPTION OF A MODEL MANAGEMENT COMPANY UNDER
SUBDIVISION SEVEN OF THIS SECTION SHALL BE VALID FOR TWO YEARS.
9. THE DEPARTMENT SHALL MAINTAIN A LIST OF MODEL MANAGEMENT COMPANIES
REGISTERED UNDER THIS ARTICLE AND SHALL ISSUE A CERTIFICATE OF REGISTRA-
TION TO EACH MODEL MANAGEMENT COMPANY DULY REGISTERED.
10. THE DEPARTMENT MAY PRESCRIBE FORMS NECESSARY TO PROMOTE THE EFFI-
CIENT ADMINISTRATION OF THIS SECTION.
§ 1034. DUTIES OF MODEL MANAGEMENT COMPANIES. A MODEL MANAGEMENT
COMPANY SHALL:
1. BE DEEMED TO HAVE A FIDUCIARY DUTY TO THE MODELS THEY REPRESENT AND
SHALL BE REQUIRED TO ACT IN GOOD FAITH, WITH THE UTMOST HONESTY AND
INTEGRITY, IN THE BEST INTERESTS OF THE MODELS. THIS FIDUCIARY DUTY
SHALL ENCOMPASS ALL ASPECTS OF THE MODEL MANAGEMENT COMPANY'S REPRESEN-
TATION, INCLUDING, BUT NOT LIMITED TO, NEGOTIATIONS, CONTRACTS, FINAN-
CIAL MANAGEMENT, AND THE PROTECTION OF THE MODELS' LEGAL AND FINANCIAL
RIGHTS;
2. CONDUCT DUE DILIGENCE TO ENSURE THAT ANY EMPLOYMENT OR ENGAGEMENT
BOOKED THROUGH THE MODEL MANAGEMENT COMPANY DOES NOT POSE AN UNREASON-
ABLE RISK OF DANGER TO THE MODEL. AN UNREASONABLE RISK OF DANGER SHALL
INCLUDE, BUT NOT BE LIMITED TO, FAILING TO ESTABLISH AND COMMUNICATE A
ZERO TOLERANCE POLICY FOR ABUSE, HARASSMENT, OR ANY OTHER FORM OF INAP-
PROPRIATE BEHAVIOR;
3. USE ITS BEST EFFORTS TO PROCURE EMPLOYMENT, ENGAGEMENTS, ENTER-
TAINMENTS, EXHIBITIONS OR PERFORMANCES FOR A FEE FOR MODELS SIGNED TO
THE MODEL MANAGEMENT COMPANY;
S. 2477--C 5
4. ENSURE THAT ANY EMPLOYMENT, ENGAGEMENT, ENTERTAINMENT, EXHIBITION
OR PERFORMANCE WHICH REQUIRES NUDITY OR OTHER SEXUALLY EXPLICIT MATERIAL
SHALL COMPLY WITH THE REQUIREMENTS OF SUBDIVISION THREE OF SECTION
FIFTY-TWO-C OF THE CIVIL RIGHTS LAW, AS ADDED BY CHAPTER THREE HUNDRED
FOUR OF THE LAWS OF TWO THOUSAND TWENTY;
5. PROVIDE MODELS WITH PHYSICAL OR DIGITAL COPIES OF THE FINAL AGREE-
MENTS THE MODEL MANAGEMENT COMPANY HAS NEGOTIATED WITH CLIENTS AND DEAL
MEMOS MEMORIALIZING SUCH AGREEMENTS, AT LEAST TWENTY-FOUR HOURS PRIOR TO
THE COMMENCEMENT OF A MODEL'S SERVICES PERTAINING TO EACH AGREEMENT, IN
A LANGUAGE THE MODEL SUFFICIENTLY UNDERSTANDS;
6. CLEARLY SPECIFY ALL ITEMS THAT MAY BE INITIALLY PAID FOR BY THE
MODEL MANAGEMENT COMPANY BUT WILL ULTIMATELY BE DEDUCTED FROM THE
COMPENSATION DUE TO THE MODEL AT THE TIME OF PAYMENT OR SETTLEMENT,
TOGETHER WITH AN ITEMIZED RECITATION AS TO HOW EACH ITEM IS TO BE
COMPUTED, PROVIDED SUCH CHARGES ARE NOT OTHERWISE PROHIBITED BY THIS
ARTICLE. ON A QUARTERLY BASIS, A MODEL SHALL ALSO BE GIVEN COPIES OF ANY
AND ALL DOCUMENTATION HELD BY OR AVAILABLE TO THE MODEL MANAGEMENT
COMPANY NECESSARY TO DETERMINE THE VALIDITY OF EACH CHARGE;
7. DISCLOSE ANY FINANCIAL RELATIONSHIP, CONTRACTUAL OR OTHERWISE,
THAT MAY EXIST BETWEEN THE MODEL MANAGEMENT COMPANY AND THE CLIENT,
OTHER THAN THE AGREEMENT RELATING SPECIFICALLY TO MODELING SERVICES;
8. NOTIFY FORMER MODELS IN WRITING, INCLUDING EMAIL, IF THE MODEL
MANAGEMENT COMPANY COLLECTS ROYALTIES DUE TO A MODEL WHOM THE MANAGEMENT
COMPANY NO LONGER REPRESENTS;
9. POST A PHYSICAL COPY OF THE MODEL MANAGEMENT COMPANY'S CERTIFICATE
OF REGISTRATION IN A CONSPICUOUS PLACE IN THE OFFICE OF THE MODEL
MANAGEMENT COMPANY AND A DIGITAL COPY ON THE MODEL MANAGEMENT COMPANY'S
WEBSITE;
10. INCLUDE, IN CLEAR AND LEGIBLE TYPE, THE REGISTRATION NUMBER OF THE
MODEL MANAGEMENT COMPANY IN ANY ADVERTISEMENT, INCLUDING SOCIAL MEDIA
PROFILES FOR THE MODEL MANAGEMENT COMPANY, FOR THE PURPOSE OF THE SOLIC-
ITATION OF MODELS FOR THE MODEL MANAGEMENT COMPANY AND IN ANY CONTRACT
WITH A MODEL OR CLIENT;
11. SUBMIT TO THE DEPARTMENT A FORM OR FORMS OF CONTRACT TO BE
UTILIZED BY SUCH MODEL MANAGEMENT COMPANY IN ENTERING INTO WRITTEN
CONTRACTS WITH MODELS FOR THE EMPLOYMENT OR ENGAGEMENT OF THE SERVICES
OF SUCH MODEL MANAGEMENT COMPANY BY SUCH MODELS, AND SECURE THE APPROVAL
OF THE DEPARTMENT THEREOF, PROVIDED THE DEPARTMENT SHALL NOT WITHHOLD
APPROVAL UNLESS SUCH PROPOSED FORM OF CONTRACT IS UNFAIR, UNJUST AND
OPPRESSIVE TO THE MODEL; AND
12. OBTAIN CLEAR WRITTEN CONSENT FOR THE CREATION OR USE OF A MODEL'S
DIGITAL REPLICA, DETAILING THE SCOPE, PURPOSE, RATE OF PAY, AND DURATION
OF SUCH USE. THIS CONSENT MUST BE OBTAINED SEPARATELY FROM THE REPRESEN-
TATION AGREEMENT.
§ 1035. PROHIBITIONS ON MODEL MANAGEMENT COMPANIES. A MODEL MANAGEMENT
COMPANY SHALL NOT:
1. REQUIRE OR COLLECT ANY FEE OR DEPOSIT FROM A MODEL UPON THE SIGNING
OF, OR AS A CONDITION TO ENTERING INTO, ANY CONTRACT OR AGREEMENT
BETWEEN THE MODEL MANAGEMENT COMPANY AND THE MODEL;
2. CHARGE MORE THAN THE DAILY FAIR MARKET RATE FOR ACCOMMODATION FOR
THE MODEL;
3. BOOK ANY ACCOMMODATION, PAYMENT OF WHICH SHALL BE PROVIDED OR REIM-
BURSED BY THE MODEL IN ANY WAY, WITHOUT PROVIDING A WRITTEN DISCLOSURE
OF THE RATE CHARGED FOR THE ACCOMMODATION TO THE MODEL IN ADVANCE OF
SUCH MODEL'S STAY AT THE ACCOMMODATION;
S. 2477--C 6
4. DEDUCT OR OFFSET FROM A MODEL'S PAYMENT OR COMPENSATION ANY FEE OR
EXPENSE OTHER THAN THE AGREED UPON COMMISSION AS SET FORTH IN THE
CONTRACT AND ANY ITEMS ADVANCED PURSUANT TO SUBDIVISION SIX OF SECTION
ONE THOUSAND THIRTY-FOUR OF THIS ARTICLE. SUCH PROHIBITED FEES AND
EXPENSES INCLUDE BUT ARE NOT LIMITED TO WEBSITE FEES, ACCOMMODATION
FEES, DELIVERY FEES, AND INTEREST ON PAYMENT OF THE MODEL'S EARNINGS;
5. ADVANCE THE COST OF TRAVEL WITHOUT INFORMED WRITTEN CONSENT FROM
THE MODEL;
6. REQUIRE A MODEL TO SIGN A MODEL MANAGEMENT COMPANY CONTRACT THAT
CONTAINS A TERM GREATER THAN THREE YEARS;
7. REQUIRE A MODEL TO SIGN A MODEL MANAGEMENT COMPANY CONTRACT THAT
RENEWS WITHOUT THE MODEL'S AFFIRMATIVE WRITTEN CONSENT;
8. IMPOSE A COMMISSION FEE GREATER THAN TWENTY PERCENT OF THE MODEL'S
PAYMENT OR COMPENSATION;
9. TAKE ANY RETALIATORY ACTION AGAINST ANY MODEL WHO FILES OR ATTEMPTS
TO FILE A COMPLAINT PURSUANT TO THIS ARTICLE OR DECLINES OR DISCONTINUES
PARTICIPATION IN ANY CASTING OR BOOKING ON ACCOUNT OF REASONABLE, GOOD
FAITH CONCERNS REGARDING AN ACTUAL OR POTENTIAL VIOLATION OF THIS ARTI-
CLE; OR
10. ENGAGE IN DISCRIMINATION OR HARASSMENT OF ANY KIND AGAINST A MODEL
BECAUSE OF ANY PROTECTED STATUS COVERED UNDER PARAGRAPH (A) OF SUBDIVI-
SION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW; OR
11. CREATE, ALTER, OR MANIPULATE A MODEL'S DIGITAL REPLICA USING ARTI-
FICIAL INTELLIGENCE WITHOUT CLEAR, CONSPICUOUS AND SEPARATE WRITTEN
CONSENT FROM THE MODEL.
§ 1036. POWER OF ATTORNEY. 1. ANY POWER OF ATTORNEY AGREEMENT BETWEEN
A MODEL MANAGEMENT COMPANY AND A MODEL SHALL:
(A) BE PRESENTED AS AN OPTIONAL COMPONENT OF THE MODEL MANAGEMENT
COMPANY'S REPRESENTATION AGREEMENT TO WHICH THE MODEL CAN OPT IN OR OUT;
(B) NOT BE PRESENTED AS A NECESSARY CONDITION OF ENTERING INTO AN
AGREEMENT WITH THE MODEL MANAGEMENT COMPANY;
(C) BE SUBJECT TO TERMINATION BY THE MODEL AT ANY TIME AND FOR ANY
REASON;
(D) NOT VIOLATE THE PROVISIONS OF SUBDIVISION ONE OF SECTION ONE THOU-
SAND THIRTY-FOUR OF THIS ARTICLE; AND EXTEND ONLY TO MATTERS DIRECTLY
RELATED TO THE PROVISION OF MODELING SERVICES, WITH THE EXCLUSION OF THE
USE OF THE MODEL'S DIGITAL REPLICA.
2. ANY POWER OF ATTORNEY AGREEMENT THAT VIOLATES THIS SECTION SHALL BE
CONSIDERED VOID AS A MATTER OF PUBLIC POLICY.
§ 1037. DUTIES OF CLIENTS. A CLIENT SHALL:
1. COMPENSATE MODELS AT AN HOURLY RATE AT LEAST FIFTY PERCENT HIGHER
THAN THE CONTRACTED HOURLY RATE FOR ANY EMPLOYMENT, ENGAGEMENT, ENTER-
TAINMENT, EXHIBITION OR PERFORMANCE THAT EXCEEDS EIGHT HOURS IN ANY
TWENTY-FOUR HOUR PERIOD;
2. PROVIDE AT LEAST ONE THIRTY MINUTE MEAL BREAK FOR ANY EMPLOYMENT,
ENGAGEMENT, ENTERTAINMENT, EXHIBITION OR PERFORMANCE THAT EXCEEDS EIGHT
HOURS IN ANY TWENTY-FOUR HOUR PERIOD;
3. ONLY OFFER AN EMPLOYMENT OR ENGAGEMENT TO A MODEL THAT DOES NOT
POSE AN UNREASONABLE RISK OF DANGER TO THE MODEL. AN UNREASONABLE RISK
OF DANGER SHALL INCLUDE, BUT NOT BE LIMITED TO, FAILURE TO ESTABLISH AND
COMMUNICATE A ZERO TOLERANCE POLICY FOR ABUSE, HARASSMENT, OR ANY OTHER
FORM OF INAPPROPRIATE BEHAVIOR;
4. ENSURE THAT ANY EMPLOYMENT, ENGAGEMENT, ENTERTAINMENT, EXHIBITION
OR PERFORMANCE WHICH REQUIRES NUDITY OR OTHER SEXUALLY EXPLICIT MATERIAL
SHALL COMPLY WITH THE REQUIREMENTS OF SUBDIVISION THREE OF SECTION
S. 2477--C 7
FIFTY-TWO-C OF THE CIVIL RIGHTS LAW, AS ADDED BY CHAPTER THREE HUNDRED
FOUR OF THE LAWS OF TWO THOUSAND TWENTY;
5. ALLOW THE MODEL TO BE ACCOMPANIED BY THEIR AGENT, MANAGER, CHAPER-
ONE, OR OTHER REPRESENTATIVE TO ANY EMPLOYMENT, ENGAGEMENT, ENTER-
TAINMENT, EXHIBITION OR PERFORMANCE;
6. PROVIDE ADEQUATE LEVELS OF LIABILITY INSURANCE TO COVER AND SAFE-
GUARD THE HEALTH AND SAFETY OF MODELS; AND
7. OBTAIN CLEAR AND CONSPICUOUS PRIOR WRITTEN CONSENT FOR ANY CREATION
OR USE OF A MODEL'S DIGITAL REPLICA, DETAILING THE SCOPE, PURPOSE, RATE
OF PAY, AND DURATION OF SUCH USE.
§ 1038. PROHIBITIONS ON CLIENTS. A CLIENT SHALL NOT:
1. ENGAGE IN DISCRIMINATION OR HARASSMENT OF ANY KIND AGAINST A MODEL
BECAUSE OF ANY PROTECTED STATUS COVERED UNDER PARAGRAPH (A) OF SUBDIVI-
SION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW; OR
2. CREATE, ALTER, OR MANIPULATE A MODEL'S DIGITAL REPLICA USING ARTI-
FICIAL INTELLIGENCE WITHOUT CLEAR AND CONSPICUOUS PRIOR WRITTEN CONSENT
FROM THE MODEL.
§ 1039. VIOLATIONS, PENALTIES AND PROCEDURES. 1. ANY MODEL MANAGEMENT
COMPANY OR PERSON PURPORTING TO BE A MODEL MANAGEMENT COMPANY WHO HAS
FAILED TO COMPLY WITH THE REGISTRATION REQUIREMENTS OF SECTION ONE THOU-
SAND THIRTY-TWO OF THIS ARTICLE SHALL BE DEEMED TO HAVE VIOLATED THIS
ARTICLE.
2. ANY MODEL MANAGEMENT COMPANY OR PERSON PURPORTING TO BE A MODEL
MANAGEMENT COMPANY WHO HAS FAILED TO COMPLY WITHIN THE TIME SPECIFIED BY
LAW WITH AN ORDER ISSUED BY THE COMMISSIONER TO COMPLY WITH THE REGIS-
TRATION REQUIREMENTS OF SECTION ONE THOUSAND THIRTY-TWO OF THIS ARTICLE
SHALL BE DEEMED TO HAVE VIOLATED THIS ARTICLE.
3. ANY CLIENT WHO ENTERS INTO AN AGREEMENT WITH A MODEL MANAGEMENT
COMPANY OR PERSON PURPORTING TO BE A MODEL MANAGEMENT COMPANY, WHO IS
REQUIRED TO REGISTER, BUT WHOM THE CLIENT KNOWS OR SHOULD HAVE KNOWN HAS
FAILED TO REGISTER, FAILED TO RENEW ITS REGISTRATION OR HAD ITS REGIS-
TRATION REVOKED BY THE COMMISSIONER SHALL BE DEEMED TO HAVE VIOLATED
THIS ARTICLE.
4. (A) THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY UPON A MODEL
MANAGEMENT COMPANY, A PERSON PURPORTING TO BE A MODEL MANAGEMENT COMPA-
NY, AND ALL PERSONS OR ENTITIES THAT OWN A FIVE PERCENT OR GREATER
INTEREST IN THE MODEL MANAGEMENT COMPANY, THAT HAVE BEEN DEEMED TO HAVE
VIOLATED THIS ARTICLE, FOR NO MORE THAN THREE THOUSAND DOLLARS FOR THE
INITIAL VIOLATION, AND FOR NO MORE THAN FIVE THOUSAND DOLLARS FOR A
SECOND OR SUBSEQUENT VIOLATION.
(B) THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY UPON ANY CLIENT
DESCRIBED IN SUBDIVISION THREE OF THIS SECTION THAT HAS BEEN DEEMED TO
HAVE VIOLATED THIS ARTICLE, FOR NO MORE THAN THREE THOUSAND DOLLARS FOR
THE INITIAL VIOLATION, AND FOR NO MORE THAN FIVE THOUSAND DOLLARS FOR A
SECOND OR SUBSEQUENT VIOLATION.
(C) THE ORDER IMPOSING SUCH CIVIL PENALTY MAY BE SERVED PERSONALLY OR
BY CERTIFIED MAIL AT THE LAST KNOWN MAILING ADDRESS OF THE PERSON BEING
SERVED. SUCH ORDER SHALL BE IN WRITING AND SHALL DESCRIBE THE NATURE OF
THE VIOLATION, INCLUDING REFERENCE TO THE PROVISIONS OF SUBDIVISIONS
ONE, TWO AND THREE OF THIS SECTION ALLEGED TO HAVE BEEN VIOLATED.
5. AN ORDER ISSUED UNDER THIS SECTION SHALL BE FINAL AND NOT SUBJECT
TO REVIEW BY ANY COURT OR AGENCY UNLESS A REVIEW IS HAD PURSUANT TO
SECTION ONE HUNDRED ONE OF THIS CHAPTER. PROVIDED THAT NO PROCEEDING FOR
ADMINISTRATIVE OR JUDICIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN
BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE
EXPIRED, THE COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE COUNTY
S. 2477--C 8
WHERE THE PERSON AGAINST WHOM THE PENALTY HAS BEEN IMPOSED HAS A PLACE
OF BUSINESS THE ORDER OF THE COMMISSIONER OR THE DECISION OF THE INDUS-
TRIAL BOARD OF APPEALS CONTAINING THE AMOUNT OF THE CIVIL PENALTY. THE
FILING OF SUCH ORDER OR DECISION SHALL HAVE THE FULL FORCE AND EFFECT OF
A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER OR DECI-
SION MAY BE ENFORCED BY AND IN THE NAME OF THE COMMISSIONER IN THE SAME
MANNER, AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE
LAW AND RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
6. IF ANY MODEL MANAGEMENT COMPANY OR PERSON PURPORTING TO BE A MODEL
MANAGEMENT COMPANY SHALL HAVE FAILED TO COMPLY WITHIN TWENTY DAYS OF AN
ORDER BY THE COMMISSIONER TO REGISTER OR RENEW REGISTRATION, THE COMMIS-
SIONER MAY SEEK TO ENJOIN SUCH UNLAWFUL ACTIVITY, PURSUANT TO THE CIVIL
PRACTICE LAW AND RULES.
7. A MODEL MAY BRING AND MAINTAIN AN ACTION IN A COURT OF COMPETENT
JURISDICTION TO ENFORCE THE PROVISIONS OF THIS ARTICLE. A MODEL MANAGE-
MENT COMPANY, PERSON PURPORTING TO BE A MODEL MANAGEMENT COMPANY, OR
CLIENT THAT VIOLATES THIS ARTICLE SHALL BE LIABLE FOR ACTUAL DAMAGES TO
ANY MODEL THAT HAS SUFFERED DAMAGES DUE TO SUCH VIOLATION, REASONABLE
ATTORNEYS' FEES AND COSTS, AND, UNLESS THE EMPLOYER PROVES A GOOD FAITH
BASIS TO BELIEVE THAT ITS ACTIONS WERE IN COMPLIANCE WITH THE LAW, AN
ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES IN AN AMOUNT OF NO MORE THAN ONE
HUNDRED PERCENT OF THE TOTAL AMOUNT OF ACTUAL DAMAGES, EXCEPT SUCH
LIQUIDATED DAMAGES MAY BE UP TO THREE HUNDRED PERCENT IF FOUND THAT THE
ACTIONS WERE WILLFUL.
8. THE ATTORNEY GENERAL MAY BRING AND MAINTAIN AN ACTION IN A COURT OF
COMPETENT JURISDICTION TO ENFORCE THE PROVISIONS OF THIS ARTICLE WHEN
THE ATTORNEY GENERAL HAS DETERMINED THERE IS REASONABLE CAUSE TO BELIEVE
THAT A MODEL MANAGEMENT COMPANY, PERSON PURPORTING TO BE A MODEL MANAGE-
MENT COMPANY, OR CLIENT HAS ENGAGED IN REPEATED FRAUDULENT OR ILLEGAL
ACTS OR OTHERWISE DEMONSTRATES PERSISTENT FRAUD OR ILLEGALITY IN THE
CARRYING ON, CONDUCTING, OR TRANSACTING OF BUSINESS.
9. (A) A MODEL WHO IS AGGRIEVED BY A VIOLATION OF THIS ARTICLE MAY
FILE A COMPLAINT WITH THE COMMISSIONER WITHIN SIX YEARS AFTER THE ACTS
ALLEGED TO HAVE VIOLATED THIS ARTICLE OCCURRED. THE COMMISSIONER SHALL
PRESCRIBE THE FORM OF THE COMPLAINT, WHICH SHALL INCLUDE, AT A MINIMUM:
(I) THE NAME AND MAILING ADDRESS OF THE MODEL AND OF THE PERSON OR
ENTITY ALLEGED TO HAVE VIOLATED THIS ARTICLE;
(II) A STATEMENT DETAILING THE TERMS OF THE MODEL'S CONTRACT, INCLUD-
ING A COPY OF SUCH CONTRACT IF AVAILABLE;
(III) THE MODEL'S OCCUPATION;
(IV) A STATEMENT DETAILING THE ALLEGED VIOLATIONS OF THIS ARTICLE; AND
(V) A SIGNED AFFIRMATION THAT ALL FACTS ALLEGED IN THE COMPLAINT ARE
TRUE.
(B) (I) WITHIN TWENTY DAYS OF RECEIVING A COMPLAINT ALLEGING A
VIOLATION OF THIS ARTICLE, THE COMMISSIONER SHALL SEND THE PERSON OR
ENTITY NAMED IN THE COMPLAINT A WRITTEN NOTICE OF COMPLAINT. THE
COMMISSIONER SHALL SEND SUCH NOTICE BY CERTIFIED MAIL AND SHALL BEAR THE
COST OF SENDING SUCH NOTICE.
(II) THE NOTICE REQUIRED BY THIS PARAGRAPH SHALL:
(1) INFORM THE PERSON OR ENTITY NAMED IN THE COMPLAINT THAT A
COMPLAINT HAS BEEN FILED ALLEGING VIOLATIONS OF THIS ARTICLE;
(2) DETAIL THE REMEDIES AVAILABLE TO A MODEL FOR VIOLATIONS OF SAID
ARTICLE BY THE PERSON OR ENTITY NAMED IN THE COMPLAINT;
(3) INCLUDE A COPY OF THE COMPLAINT; AND
(4) INFORM THE PERSON OR ENTITY NAMED IN THE COMPLAINT THAT FAILURE TO
RESPOND TO THE COMPLAINT WILL CREATE A REBUTTABLE PRESUMPTION IN ANY
S. 2477--C 9
CIVIL ACTION COMMENCED PURSUANT TO THIS ARTICLE THAT SUCH PERSON OR
ENTITY COMMITTED THE VIOLATIONS ALLEGED IN THE COMPLAINT.
(C) WITHIN TWENTY DAYS OF RECEIVING THE NOTICE OF COMPLAINT, THE
PERSON OR ENTITY IDENTIFIED IN THE COMPLAINT SHALL SEND THE COMMISSIONER
ONE OF THE FOLLOWING:
(I) A WRITTEN STATEMENT THAT THE MODEL HAS BEEN PAID IN FULL AND PROOF
OF SUCH PAYMENT; OR
(II) A WRITTEN STATEMENT THAT THE MODEL HAS NOT BEEN PAID IN FULL AND
THE REASONS FOR THE FAILURE TO PROVIDE SUCH PAYMENT.
(D) (I) WITHIN TWENTY DAYS OF RECEIVING THE WRITTEN RESPONSE, THE
COMMISSIONER SHALL SEND THE MODEL A COPY OF:
(1) THE RESPONSE;
(2) ANY ENCLOSURES SUBMITTED TO THE COMMISSIONER WITH THE RESPONSE;
(3) MATERIALS INFORMING THE MODEL THAT THE MODEL MAY BRING AN ACTION
IN A COURT OF COMPETENT JURISDICTION; AND
(4) ANY OTHER INFORMATION ABOUT THE STATUS OF THE COMPLAINT.
(II) IF THE COMMISSIONER RECEIVES NO RESPONSE FROM THE PERSON OR ENTI-
TY ALLEGED TO HAVE VIOLATED THIS ARTICLE TO THE NOTICE OF COMPLAINT
WITHIN THE TIME PROVIDED BY THIS SUBDIVISION, THE COMMISSIONER SHALL
MAIL A NOTICE OF NON-RESPONSE TO BOTH THE MODEL AND THE PERSON OR ENTITY
NAMED IN THE COMPLAINT BY REGULAR MAIL AND SHALL INCLUDE WITH SUCH
NOTICE PROOF THAT THE COMMISSIONER PREVIOUSLY MAILED THE NOTICE OF
COMPLAINT TO THE PERSON OR ENTITY NAMED IN THE COMPLAINT BY CERTIFIED
MAIL. UPON SATISFYING THE REQUIREMENTS OF THIS PARAGRAPH, THE COMMIS-
SIONER MAY CLOSE THE CASE.
§ 1040. OTHER LEGAL REQUIREMENTS. NOTHING IN THIS ARTICLE SHALL DIMIN-
ISH THE RIGHTS, PRIVILEGES, WAGES, WORKING CONDITIONS OR REMEDIES OF ANY
EMPLOYEE UNDER ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
