S T A T E O F N E W Y O R K
________________________________________________________________________
6668
2017-2018 Regular Sessions
I N A S S E M B L Y
March 15, 2017
___________
Introduced by M. of A. TITONE -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to deceptive acts
and practices, and false advertising by talent services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
350-f-2 to read as follows:
§ 350-F-2. TALENT SERVICES. 1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "ARTIST" MEANS AN ACTOR OR ACTRESS RENDERING SERVICES ON THE
LEGITIMATE STAGE AND IN THE PRODUCTION OF MOTION PICTURES, RADIO ARTIST,
MUSICAL ARTIST, MUSICAL ORGANIZATION, DIRECTOR OF LEGITIMATE STAGE,
MOTION PICTURE OR RADIO PRODUCTIONS, MUSICAL DIRECTOR, WRITER, CINEMA-
TOGRAPHER, COMPOSER, LYRICIST, ARRANGER, MODEL, OR OTHER ARTIST OR
PERSON RENDERING PROFESSIONAL SERVICES IN MOTION PICTURE, THEATRICAL,
RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
(B) "FEE" MEANS ANYTHING OF VALUE, INCLUDING ANY MONEY OR OTHER VALU-
ABLE CONSIDERATION CHARGED, COLLECTED, RECEIVED, PAID OR PROMISED FOR
ANY SERVICE OR ACT RENDERED OR TO BE RENDERED BY A TALENT SERVICE.
(C) "PERSON" MEANS ANY INDIVIDUAL, COMPANY, SOCIETY, ASSOCIATION,
CORPORATION, MANAGER, CONTRACTOR, SUBCONTRACTOR, PARTNERSHIP, BUREAU,
AGENCY, SERVICE, OFFICE, OR THE AGENT OR EMPLOYEE THEREOF; BUT SHALL NOT
INCLUDE A PUBLIC EDUCATION INSTITUTION, A NONPROFIT ORGANIZATION, A
LABOR ORGANIZATION, A PUBLIC INSTITUTION OR A PERSON LICENSED PURSUANT
TO ARTICLE ELEVEN OF THIS CHAPTER.
(D) "TALENT SERVICE" MEANS ANY PERSON WHO, FOR A FEE FROM OR ON BEHALF
OF AN ARTIST, PROVIDES, OR OFFERS TO PROVIDE AN ARTIST, DIRECTLY OR BY
REFERRAL TO ANOTHER PERSON, WITH LESSONS, COACHING, SEMINARS, WORKSHOPS
OR SIMILAR TRAINING AS AN ARTIST; CAREER COUNSELING, VOCATIONAL GUID-
ANCE, APTITUDE TESTING OR CAREER EVALUATION AS AN ARTIST; OR A LIST OF
AUDITIONS, EMPLOYMENT OPPORTUNITIES, TALENT AGENTS OR TALENT MANAGERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00339-01-7
A. 6668 2
2. PROHIBITED ACTS. IT SHALL BE CONSIDERED A DECEPTIVE ACT OR PRACTICE
PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THIS ARTICLE AND FALSE
ADVERTISING PURSUANT TO SECTION THREE HUNDRED FIFTY OF THIS ARTICLE FOR
ANY TALENT SERVICE TO MAKE ANY ORAL OR WRITTEN REPRESENTATION THAT THE
TALENT SERVICE WILL OR MAY, DIRECTLY OR INDIRECTLY FOR A FEE, PROCURE OR
ATTEMPT TO PROCURE FOR AN ARTIST AN EMPLOYMENT OPPORTUNITY OR ENGAGE-
MENT, AN AUDITION OR JOB INTERVIEW, OR A TALENT AGENT OR MANAGER. WRIT-
TEN REPRESENTATIONS AND ADVERTISEMENTS OF TALENT SERVICES SHALL NOT
INCLUDE TESTIMONIALS THAT MENTION OR IMPLY ANY SUCCESS IN PROCURING FOR
AN ARTIST ANY SUCH EMPLOYMENT OPPORTUNITY OR ENGAGEMENT, AUDITION OR JOB
INTERVIEW, OR TALENT AGENT OR MANAGER.
§ 2. This act shall take effect immediately.