Proposed Legislative Language to Amend the Definitions of “Theatrical Employment Agency” Under NYS GBA and NY Arts and Cultural Affairs Law

The Entertainment Arts and Sports Law Section (EASL) of the New York State Bar Association (NYSBA) recommended to the Executive Committee of the NYSBA that legislation be introduced and enacted amending the definition of “Theatrical Employment Agency” to specifically exempt attorneys duly licensed and actively practicing in the State of New York from these licensure requirements of the General Business Law and the Arts and Cultural Affairs Law.

On Thursday, January 28, 2016, the Executive Committee unanimously approved the recommendation. Beginning this week, members of the staff of the NYSBA and members of the EASL Executive Committee will work to identify appropriate legislators to introduce the legislation.

This proposed legislation would protect attorneys from additional regulatory requirements as well as potential civil and criminal sanctions in performing legal services for clients who are Artists as defined under the New York General Business Law §171.8-a. Such services may include procuring or attempting to procure employment or engagements for such Artists. The current language of General Business Law §171.8 and Arts and Cultural Affairs Law §37.01.3 exempts personal managers from the license requirement if they only incidentally seek employment for their clients. This proposal would add a similar exemption for licensed attorneys at law.

The legislation would add the following concluding sentence to both General Business Law §171.8 and Arts and Cultural Affairs Law §37.01.3.:

AN ACT to amend the definitions of “Theatrical Employment Agency” under the New York State General Business Law, Article 11, §171.8 and the New York Arts and Cultural Affairs Law, Article 37, §37.01.3, to exempt attorneys duly licensed in the State of New York from the requirement of securing an employment agency license to negotiate or otherwise assist in obtaining employment contracts for Artists.

1. Section 171.8 of the General Business Law is amended by adding the following concluding sentence:
The provisions of this subdivision shall also not apply to persons duly engaged in and admitted to the practice of law in the State of New York, pursuant to the rules of the Court of Appeals of the State of New York and in good standing in accordance with the provisions of the New York State Judiciary Law, §468 and the rules of the Chief Administrator of the Courts.

2. Section 37.01.03 of the Arts and Cultural Affairs Law is amended by adding the following concluding sentence:
The provisions of this subdivision shall also not apply to persons duly engaged in and admitted to the practice of law in the State of New York, pursuant to the rules of the Court of Appeals of the State of New York and in good standing in accordance with the provisions of the New York State Judiciary Law, §468 and the rules of the Chief Administrator of the Courts.

A more detailed memorandum will be prepared and made available when the legislation is introduced.