Definitions
The New York State Fashion Workers Act defines the people, organizations, and actions the law applies to. Please refer to the definitions below to determine how the Fashion Workers Act may apply to you and your work.
Model
Under the Fashion Workers Act, a model is a person who performs modeling services as part of their trade, occupation, or profession. A model can be either an independent contractor or an employee.
Modeling services
Modeling services is work performed by a model. This work includes performing or appearing in a photo shoot or in a runway, live, filmed, or taped appearance, including on social media.
Modeling services include any photographic session, performance, or appearance where a model is required to:
- pose;
- provide an example or standard of artistic expression; or
- represent something or someplace for purposes of display or advertisement.
Modeling services include time spent or work performed at castings, fittings, photoshoots, showrooms, parts or fit modelling, as well as the use of a digital replica.
Client
Under the Fashion Workers Act, a client is a person, business, or organization that contracts for modeling services and manages the performance of those services. The client can hire and manage a model directly or through a model management company. A client may also contract for and manage modelling services through an intermediary. Even if a client decides to have another person, business, or organization act as a go-between or intermediary between themselves and the model management company or model, they are still a client under this law.
Model Management Company
A model management company is any person, business, or organization that:
- is in the business of managing models’ participation in entertainments, exhibitions, or performances;
- secures, or attempts to secure, modeling employment or engagements for models for a fee; or
- provides counseling services or guidance on working in the modeling industry to models for a fee.
Model Management Group
A model management group refers to two or more model management companies that are owned by the same person(s), business, organization, or parent company.
Exclusive representation
Exclusive representation refers to an agreement between a model and a model management company that restricts the model from being represented by anyone else. This can be a stand-alone agreement, or a clause within a larger agreement a model signs with a model management company. Exclusive representation restricts a model from being represented by someone else for work that is similar to the work the model does for the model management company. These agreements apply to a specific period of time or a specific geographical area.
Deal memo
A deal memo is a summary written in plain language of the key components of a job booked by a model management company on behalf of a model. A deal memo should include, but not be limited to, the following information:
- Scope of work;
- Rate of pay;
- Payment term;
- Usages;
- Any expenses that will be incurred, including:
- Any expenses that will be paid by the model or the model management company in advance and later reimbursed by the client.
- Any other expectations of the model.
Before a model begins work, their model management company must provide them with a written deal memo with their total compensation for the booking. The model must agree to the total compensation amount before any work is done.
The deal memo must be provided in the language requested by the model. The deal memo can be provided physically or electronically.
Digital replica
A digital replica is a computer-generated or artificial intelligence-enhanced representation of a model’s likeness. This may include, but is not limited to, the model’s face, body, or voice. A digital replica recreates or replaces a model’s appearance or performance. A digital replica does not include routine photographic edits like color correction, minor retouching, or other standard post-production modifications.