We have often written on and Ed has litigated the sensitive topic of using child models. NY State has just passed a new law with respect to the use of child models. See this article in Crain’s.
This new law imposes burdens on models, model agencies, clients, ad agencies and of course, photographers. The NY Law is somewhat similar to laws in other states which require among other things, that monies be put aside in special approved accounts for the benefit of the child. Photographers need to learn some of the most important aspects of the law which was voted on without very much interest or participation from them.
Stating the obvious up front – Yes, the new law can be avoided by simply employing a model who is 18 years of age or older. Ed’s practical suggestion to photographers, ad agencies etc is to use an adult whenever possible. Doing so avoids dealing with the newly required documents and the red tape which will inevitably be stuck to them. The new legislation is now akin to laws governing child actors who perform in television, first run films and live theater. Of course in Jack’s case, with photographing babies and toddlers for ads, getting an 18-year-old replacement may not work so well.
Here are some of the highlights of this new New York State law:
No minor shall be employed, used, exhibited, or caused to be exhibited as a model during the hours he/she is required to be in attendance in the school in which he/she is enrolled.
No minor under 7 years of age shall be employed, used, exhibited or caused to be exhibited as a model for more than 2 hours in any 1 day and not more than 10 hours in any 1 week nor shall such minor be so employed, used, exhibited, or caused to be exhibited during the hours of 6 p.m. to 9 a.m.
No minor 7 years of age through 13 years of age, in any week during which the school said minor attends is in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 3 hours in any one day in which such school is in session or 4 hours in any one day in which such school is not in session but not more than 18 hours in any such week.
No minor 7 years of age through 13 years of age, in any week during which the school said minor attends is not in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 4 hours in any 1 day but not more than 20 hours in any such week.
No such minor shall be employed, used, exhibited, or caused to be exhibited between the hours of 6 p.m. and 9 a.m.
No minor 14 or 15 years of age, in any week during which the school said minor attends is in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 3 hours in any 1 day in which such school is in session or 8 hours in any 1 day in which such school is not in session, but not more than 23 hours in any such week.
No minor 14 or 15 years of age, in any week during which the school said minor attends is not in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 8 hours in any 1 day but not more than 40 hours in any such week.
No such minor shall be employed, used, exhibited, or caused to be exhibited between the hours of 6 p.m. and 9 a.m.
No minor 16 or 17 years of age, in any week during which the school said minor attends is in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 4 hours in any 1 day in which such school is in session or 8 hours in any 1 day in which such school is not in session but not more than 28 hours in any such week.
No minor 16 or 17 years of age, in any week during which the school said minor attends is not in session, shall be employed, used, exhibited, or caused to be exhibited as a model more than 8 hours in any 1 day but not more than 48 hours in any such week.
No male minor 16 or 17 years of age shall be employed, used, exhibited, or caused to be exhibited as a model between 12 o’clock midnight and 6 a.m. and no such female minor shall be so employed between 10 p.m. and 7 a.m.
Child Model Work Permits shall accompany each minor employed, used, exhibited, or caused to be exhibited as a model and each person employing, using, or exhibiting the minor shall at the beginning and at the completion of such employment, use, or exhibition for each day indicate the exact hours of such employment, use, or exhibition and shall in addition indicate the total hours of such employment, use, or exhibition for such day.
The certificate of physical fitness issued to each minor employed, used, exhibited, or caused to be exhibited as a child model shall, in the case of each such minor who is in attendance at a school, be made by the medical inspector charged with the duty of making physical examinations of all school children and for each such minor not in attendance at a school shall be made by a physician licensed to practice medicine in the State of New York except that in a city of over l,000,000 population such certificate shall be issued only by a physician designated by the Department of Health if the minor is of school age.
A child model work permit shall be issued by the superintendent of schools in cities and school districts employing a superintendent of schools and elsewhere by the district superintendent of schools. A superintendent of schools or district superintendent of schools may designate in writing one or more public school officials to act as certifying officers in his stead.
A child model work permit may be revoked by the certifying officer at any time for any violation of law or of these regulations or for any other good cause.
If you work with minors, ask for all of the above certificates prior to shooting and make copies for your file. If you are not provided with the required documents do not start shooting. Request copies in writing, of the certificates well in advance of the scheduled shoot.
Model agencies will likely be easier to work with as providing these documents promptly will be necessary for them to book kids and get paid. An individual parent is less likely to be geared to obtain and provide necessary paperwork. Logic would seem to indicate that photographers will enjoy a greater comfort level by dealing directly with reputable model agents as opposed to parents.
Will these new regulations provide a disincentive to use child models? Well, not for diaper ads, where your model choice is either extremely young or very old. Only time will tell and we will keep you up to date on any changes or clarifications. In the meantime, as they say in both boxing and in Depends ads, “Protect yourself at all times”.
#1 by Matt Timmons on October 23, 2013 - 5:17 pm
I wonder how this affects testing of new faces or models on the development boards. I’ve always insisted that a parent or guardian accompany models (especially female) under 18, because it just establishes professionalism and a level of comfort for the model. Being that testing isn’t paid “employment” but is still modeling, I wonder what paperwork is required and if all that jazz with the pediatric nurse and such is required for test shoots.
I’m a huge supporter of Sarah Ziff and the Model Alliance; I’ve often wondered why models haven’t unionized years ago, being that this is the next best thing. I’ll bet fashion companies are already making plans to rent studios across the river in Jersey and have the models shoot there to avoid all this.
#2 by Wayne M Schenk on October 24, 2013 - 12:08 am
Until such laws are passed in adjoining jurisdictions I suspect that one effect will be to move child modeling out of NY State into an adjoining jurisdiction (this may only be true for low budget operations who are seeking to avoid these regulations). Oh the joys of shooting adds in New Jersey……..
#3 by Edward C. Greenberg on October 24, 2013 - 1:02 pm
Politicians are motivated to act by those persons and groups who apply pressure, lobby and/or make campaign contributions. Any issue that concerns models will be latched onto by pols as intense press coverage is guaranteed. Photographers are notoriously politically inactive – excuse the grammar. I am not aware of the identity of any working NY photographer who was consulted or participated in this legislative process.
One rather obvious effect of this law will likely be to drive certain shoots out of NY State. There are for example, NJ studios just across the Hudson River. Child models seeking to make a career in NY without partnering with a model agency which regularly books models in NY, will face additional challenges. Children who are not professional, working models are less likely to be used by professional photographers for any purpose.
I represent/have represented model agents in NY and elsewhere. There is nothing unusual about an agency booking a model for a job to be shot in a state other than where the model (or model agent) resides.
The real problems regarding child models are typically related to weight issues, parental “guidance” (or lack thereof) and monies due the child being diverted by unscrupulous agents and/or parents. This law will in my judgement, lend minimal assistance to the children it is purportedly aimed to protect. Time will tell.
#4 by Jack and Ed on October 26, 2013 - 7:59 pm
Matt, the answer to why models haven’t unionized is our new blog article. It was so long, we thought it best to make it an article.
#5 by Edward C. Greenberg on October 28, 2013 - 6:25 pm
Answering a question off line and addressing certain comments in the lay press.
Child models – particularly females – are routinely coerced into becoming victims of anorexia or bulimia. Yes, it is a cliche’. It is a cliche’ because it is often true. Conventional wisdom is that many of these pre-teens and children freely choose this “lifestyle” in a manner no different than selecting what movie to see. The financial, psychiatric and social pressures exerted on these young people to starve themselves are complex. Most often they come from those who financially benefit the most – specifically, their parents and/or model agents. These children do not simply employ free will and “choose” to starve themselves. One psychiatrist with whom I have worked on this issue classified this behavior as “Suicide. Pure, slow and by no means simple”.
Successful child/teen models are afraid to risk their careers by either gaining weight, quitting or suing a model agent who enables or encourage unhealthy behavior. Child/teen models who are not substantial earners have no clout and are welcome to walk out the door at anytime. So long as advertisers sell products to consumers who buy that which “skeletons advertise” the cycle will continue.
Children are easily duped with promises of fame and fortune made by predatory adults. It is critically important that any agent who supervises and monitors models under the age of 18 be thoroughly versed in the industry, have a long history of dealing with underage models and be beyond reproach. Children are by law unable to issue or give legal consent and must rely on responsible adults to make those decisions for them. Such decisions affect lives and transcend merely the amount of a fee that should be charged for a given assignment.
The press loves to cover this issue as it invariably draws eyeballs. The topic is deadly serious and unfortunately we are dubious that this new law will change things very much. We would love to be wrong.