Arts and Cultural Affairs - Theatrical Employment Contracts; Safety Precautions For Certain Performers; Performing Artists - Theatrical Employment Contracts; Safety Precautions For Certain Performers -...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
§ 37.07. Performing artists; ads for availability of employment. 1.
It shall be unlawful for any person, firm, corporation, association, or
agent or employee thereof, holding itself out to the public by any
designation indicating a connection with show business including, but
not limited to, talent agent, talent scout, personal manager, artist
manager, impresario, casting director, public relations advisor or
consultant, promotion advisor or consultant, to

(a) Make, publish, disseminate, circulate or place before the public
or cause directly or indirectly to be made, published, disseminated,
circulated or placed before the public in this state an advertisement,
solicitation, announcement, notice or statement which represents that
such person, firm, corporation or association has employment available
or is able to secure any employment in the field of show business,
including, but not limited to, theatre, motion pictures, radio,
television, phonograph records, commercials, opera, concerts, dance,
modeling or any other entertainments, exhibitions or performances when
an advance fee of any nature is a condition to such employment; or

(b) Accept from a member of the public any fee, retainer, salary,
advance payment or other compensation of any nature in return for
services or otherwise, other than (i) repayment for advances or expenses
actually incurred for or on behalf of such member of the public, or (ii)
agreed commissions, royalties or similar compensation based upon
payments received by or on behalf of such member of the public as a
result of his employment in the field of show business.

2. Whenever there shall be a violation of this section, an application
may be made by the attorney general in the name of the people of the
state of New York to a court or justice having jurisdiction to issue an
injunction, and upon notice to the defendant of not less than five days,
to enjoin and restrain the continuance of such violations; and if it
shall appear to the satisfaction of the court or justice that the
defendant has, in fact, violated this section, an injunction may be
issued by such court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding, the court may make
allowances to the attorney general as provided in paragraph six of
subdivision (a) of section eighty-three hundred three of the civil
practice law and rules, and direct restitution. In connection with any
such proposed application, the attorney general is authorized to take
proof and make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.