Establishes protections for those who enter certain personal service contracts relating to the sound recording industry; establishes time limitations on the enforcement of such contracts with the aim of protecting the artist's freedom of expression from unreasonable and unduly restrictive covenants; enacts the "Artistic Freedom Act".
STATE OF NEW YORK
________________________________________________________________________
5949
2013-2014 Regular Sessions
IN ASSEMBLY
March 8, 2013
___________
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:
1 Section 1. Legislative intent. It is the intention of this legislature
2 to ensure that artists in our state are empowered to create and perform
3 without the encumbrance of unreasonable and unduly restrictive coven-
4 ants. The public invariably benefits when artists are free to create
5 without restriction and are able to participate in the free market.
6 Thus in the interest of personal and creative freedom for artists and to
7 serve the public good, artists should not be bound by certain personal
8 service contracts for excessive periods of time. It is undisputed that
9 in its history, our state has long demonstrated steadfast support for
10 the constitutional right of citizens to personal association, a right
11 required for the true expression of artistic work. It is the legisla-
12 ture's sense that the creative arts contribute much to the economy of
13 our state and the well being of its citizens. Certain measures are need-
14 ed to ensure that working artists in New York are respected and valued
15 and that their work continues to ennoble and enrich our culture, econo-
16 my, and state.
17 § 2. This act shall be known and may be cited as the "Artistic Freedom
18 Act".
19 § 3. The labor law is amended by adding a new article 20-D to read as
20 follows:
21 ARTICLE 20-D
22 PERSONAL SERVICE CONTRACTS PROTECTIONS
23 Section 742. Definitions.
24 743. Applicability.
25 744. Enforcement.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00791-01-3
A. 5949 2
1 745. Waiver.
2 § 742. Definitions. For the purpose of this article:
3 1. "Artist" shall mean any individual who enters into a contract to
4 render personal service as a songwriter, composer, comedian, producer,
5 musician, vocalist, or as any other performing artist in the sound
6 recording industry for an employer.
7 2. "Employer" shall mean any person, firm, association, company,
8 limited liability company, partnership, corporation, contractor or other
9 entity entering into a contract with an artist for personal services in
10 the sound recording industry.
11 3. "Contract" shall mean an agreement whereby an artist agrees to
12 render personal services for consideration, but shall not include
13 contracts by or on behalf of infants within the meaning of section 35.03
14 of the arts and cultural affairs law.
15 § 743. Applicability. This article applies to all residents of New
16 York state and also applies to all contracts entered into in New York
17 state.
18 § 744. Enforcement. A contract to render personal services executed by
19 an artist and an employer shall be enforceable for a period of not more
20 than three years from the date of execution, unless the artist was
21 represented in the negotiation and execution of such contract by quali-
22 fied counsel experienced with entertainment industry law and practices,
23 in which case the contract shall be enforceable for a period of not more
24 than seven years from the date of execution.
25 § 745. Waiver. The time frame established by this article concerning
26 the enforcement of contracts shall not be waived, and any clause, coven-
27 ant, or agreement to waive such time limit shall be null and void and
28 may not be enforced against the parties in any court or other adjudica-
29 tive proceeding.
30 § 4. This act shall take effect immediately.
