S T A T E O F N E W Y O R K
________________________________________________________________________
3502
2015-2016 Regular Sessions
I N A S S E M B L Y
January 23, 2015
___________
Introduced by M. of A. WRIGHT, MORELLE -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to certain personal service
contracts protections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. It is the intention of this legislature
to ensure that artists in our state are empowered to create and perform
without the encumbrance of unreasonable and unduly restrictive coven-
ants. The public invariably benefits when artists are free to create
without restriction and are able to participate in the free market.
Thus in the interest of personal and creative freedom for artists and to
serve the public good, artists should not be bound by certain personal
service contracts for excessive periods of time. It is undisputed that
in its history, our state has long demonstrated steadfast support for
the constitutional right of citizens to personal association, a right
required for the true expression of artistic work. It is the legisla-
ture's sense that the creative arts contribute much to the economy of
our state and the well being of its citizens. Certain measures are need-
ed to ensure that working artists in New York are respected and valued
and that their work continues to ennoble and enrich our culture, econo-
my, and state.
S 2. This act shall be known and may be cited as the "Artistic Freedom
Act".
S 3. The labor law is amended by adding a new article 20-D to read as
follows:
ARTICLE 20-D
PERSONAL SERVICE CONTRACTS PROTECTIONS
SECTION 742. DEFINITIONS.
743. APPLICABILITY.
744. ENFORCEMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04791-01-5
A. 3502 2
745. WAIVER.
S 742. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
1. "ARTIST" SHALL MEAN ANY INDIVIDUAL WHO ENTERS INTO A CONTRACT TO
RENDER PERSONAL SERVICE AS A SONGWRITER, COMPOSER, COMEDIAN, PRODUCER,
MUSICIAN, VOCALIST, OR AS ANY OTHER PERFORMING ARTIST IN THE SOUND
RECORDING INDUSTRY FOR AN EMPLOYER.
2. "EMPLOYER" SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, COMPANY,
LIMITED LIABILITY COMPANY, PARTNERSHIP, CORPORATION, CONTRACTOR OR OTHER
ENTITY ENTERING INTO A CONTRACT WITH AN ARTIST FOR PERSONAL SERVICES IN
THE SOUND RECORDING INDUSTRY.
3. "CONTRACT" SHALL MEAN AN AGREEMENT WHEREBY AN ARTIST AGREES TO
RENDER PERSONAL SERVICES FOR CONSIDERATION, BUT SHALL NOT INCLUDE
CONTRACTS BY OR ON BEHALF OF INFANTS WITHIN THE MEANING OF SECTION 35.03
OF THE ARTS AND CULTURAL AFFAIRS LAW.
S 743. APPLICABILITY. THIS ARTICLE APPLIES TO ALL RESIDENTS OF NEW
YORK STATE AND ALSO APPLIES TO ALL CONTRACTS ENTERED INTO IN NEW YORK
STATE.
S 744. ENFORCEMENT. A CONTRACT TO RENDER PERSONAL SERVICES EXECUTED BY
AN ARTIST AND AN EMPLOYER SHALL BE ENFORCEABLE FOR A PERIOD OF NOT MORE
THAN THREE YEARS FROM THE DATE OF EXECUTION, UNLESS THE ARTIST WAS
REPRESENTED IN THE NEGOTIATION AND EXECUTION OF SUCH CONTRACT BY QUALI-
FIED COUNSEL EXPERIENCED WITH ENTERTAINMENT INDUSTRY LAW AND PRACTICES,
IN WHICH CASE THE CONTRACT SHALL BE ENFORCEABLE FOR A PERIOD OF NOT MORE
THAN SEVEN YEARS FROM THE DATE OF EXECUTION.
S 745. WAIVER. THE TIME FRAME ESTABLISHED BY THIS ARTICLE CONCERNING
THE ENFORCEMENT OF CONTRACTS SHALL NOT BE WAIVED, AND ANY CLAUSE, COVEN-
ANT, OR AGREEMENT TO WAIVE SUCH TIME LIMIT SHALL BE NULL AND VOID AND
MAY NOT BE ENFORCED AGAINST THE PARTIES IN ANY COURT OR OTHER ADJUDICA-
TIVE PROCEEDING.
S 4. This act shall take effect immediately.