Section 150. Definitions  


Latest version.
  • For the purpose of this article:
        1.  "Artistic or creative services" shall include, but are not limited
      to, services as an actor, actress, dancer, musician,  comedian,  singer,
      stunt-person,  voice-over  artist, or other performer or entertainer, or
      as  a  songwriter,  musical  producer  or  arranger,  writer,  director,
      producer,  production  executive, choreographer, composer, conductor, or
      designer.
        2. "Child performer" shall mean any child under the  age  of  eighteen
      who  (a)  resides  in  the  state  of  New York and who agrees to render
      artistic or creative services; or
        (b) agrees to render artistic or creative services in the state of New
      York.
        3. "Child performer's employer" shall mean a person  or  entity  which
      employs a child performer to furnish artistic or creative services for a
      fee either directly or through a third-party provider (loan-out company)
      or  an  agency  or  service  that provides artistic or creative services
      (casting agency).
        4. "Child performer trust account" shall mean an  account  established
      for  the  benefit  of a child performer in accordance with part seven of
      article seven of the estates, powers and trusts law.
        5. "Gross earnings" shall mean the total compensation prior to  taxes,
      deductions,  or  commissions  payable to a child performer pursuant to a
      contract or in the case of a third-party individual or personal services
      corporation (loan-out company),  the  total  compensation  paid  to  the
      third-party  for the services of the child performer. However, where the
      child performer is employed as a musician, singer,  songwriter,  musical
      producer, or arranger it means the total compensation under the contract
      including  advances but excluding deductions to offset those advances or
      other expenses incurred by the employer pursuant to the contract.
        6. "Permit" shall refer to the documentation issued by the  department
      to a child performer pursuant to this article.
        7.  "Certificate  of  eligibility"  shall  refer  to the documentation
      issued by the department to an employer of a child performer pursuant to
      this article.
        8. "Employment schedule" shall mean the time that a child performer is
      required to be present at the  actual  place  of  employment,  excluding
      travel.