1. (a) Artistic or creative services shall mean those services in connection with a performance, or an appearance in a reality show, including, but 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.

   1. (1) Artistic or creative services shall also include appearing as a model in a television broadcast or program.
   2. (2) Whenever the term performance is used in this Part, it shall mean providing artistic or creative services.

2. (b) Child performer shall mean any child under the age of 18 who:

   1. (1) resides in the State of New York and who agrees to or is employed to render artistic or creative services either within or outside the State of New York; or
   2. (2) does not reside within the State of New York but agrees to or is employed to render artistic or creative services within the State of New York.
3. (c) Child performer’s employer shall mean a person or entity that employs a child performer in New York State to furnish artistic or creative services either directly or through a third-party provider (loan-out company) or through an agency or service that provides artistic or creative services (casting agency). For purposes of the trust and educational provisions only, the term employment in New York State shall include work performed out-of-state when each of the following conditions exist: the child performer resides in New York State, the employer has an office for the transaction of business in New York State or otherwise does business in New York State, and the child is taken to work at a location out-of-state as part of, and pursuant to, such contractual arrangements. The use of the term employer in this Part shall be deemed to mean child performer’s employer.
4. (d) Child performer’s holding fund shall mean the special fund in the joint custody of the State Comptroller and the commissioner of Taxation and Finance consisting of revenues received and interest accrued from transfers of a portion of a child performer’s gross earnings by employers on behalf of child performers who do not have a child performer trust account pursuant to part 7 of article 7 of the New York Estates, Powers, and Trusts Law, and all other monies deposited into the fund pursuant to law.
5. (e) Child performer permit shall mean the document issued by the department to a parent or guardian of a child performer that authorizes the child performer to render artistic or creative services pursuant to article 4-A of the New York Labor Law.
6. (f) Child performer trust account shall mean an account established for the benefit of a child performer, which, at a minimum, meets the requirements of part 7 of article 7 of the Estates, Powers and Trusts Law.
7. (g) Commissioner shall mean the commissioner of Labor of the State of New York.
8. (h) Comptroller shall mean the Comptroller of the State of New York.
9. (i) Department shall mean the New York State Department of Labor.
10. (j) Employ shall mean permitting or suffering a child performer to engage in artistic or creative services, whether or not the child performer or any other person is paid for those services and whether or not any person pays a fee or other charge to view or hear such services.
11. (k) Employer certificate of eligibility shall mean the document issued by the commissioner to a child performer’s employer that demonstrates proof of authorization to employ a child performer pursuant to article 4-A of the Labor Law.
12. (l) Employer certificate of group eligibility shall mean a blanket permit issued by the commissioner to an employer that permits employment of a group of children not as individuals but as a group, for no more than two days, in order to establish a background scene or to perform as a group, such as a crowd in the street, on mass transit or bus, in a classroom or auditorium, or as in a choir. Such group may be assembled by the employer or may be provided by a casting agency, school, church, camp, club, choir, team, or other similar entity.
13. (m) Employment schedule shall mean the time that a child performer is required to be present at his or her place of employment, excluding time spent traveling between the child’s school or residence and the place of employment, but including time spent traveling from one place of employment to another place of employment.
14. (n) Gross earnings shall mean the total compensation prior to taxes, allowable deductions, or commissions payable to a child performer pursuant to a contract or, in the case where the services of the child performer have been obtained through a third party individual or a personal services corporation (loan-out company), the total compensation paid to the third party or the loan-out company for the services of the child performer. However, where the child performer is a musician, singer, songwriter, musical producer or arranger, gross earnings means the total compensation under the contract including royalties and advances but excluding allowable deductions to offset those advances or other expenses paid to third parties by the employer pursuant to the contract.
15. (o) Live theater shall mean performances before a live audience in a drama or musical, which constructs a representational impression utilizing speech, song, gesture, music, dance, spectacle or other performing arts, that is not produced for the principal purpose of television broadcast or motion picture distribution.
16. (p) Opening day shall mean a live theatrical production’s first day of regular performances before a live audience, following the standard rehearsal period, technical rehearsals, and preview performances.
17. (q) Payroll service company shall mean a person, independent contractor, or organization engaged by employers for the purpose of paying employees, withholding taxes and other payroll deductions, and making trust account transfers as provided in section 186-4.5 of this Part.
18. (r) Preview performances shall mean the period following the standard and technical rehearsal periods in a live theatrical production, during which time performances are presented in front of live audiences for the exclusive purpose of modifying creative, technical or other aspects of a show prior to its opening day.

19. (s) Reality show shall mean the visual and/or audio recording or live transmission, by any means or process now known or hereafter devised, of a child appearing as himself or herself, in motion pictures, television, visual, digital, and/or sound recordings, on the internet, or otherwise. Reality show shall not include recording or live transmitting of non-fictional:

    1. (1) athletic events;
    2. (2) academic events, such as, but not limited to, spelling bees and science fairs; and
    3. (3) interviews in newscasts or talk shows.
20. (t) Responsible person shall mean a person over 18 years of age designated or employed in accordance with these regulations to supervise one or more child performers and safeguard their best interests while the child performers are employed by the employer. Every responsible person designated or employed by an employer, casting agency, talent agent or similar entity must be qualified by training and experience to care for the safety and well being of children. In determining whether the responsible person to be designated or employed by an employer, casting agent or similar entity is qualified by training and experience, the entity shall assess whether the person to be designated is familiar with the hours and working conditions requirements of Subpart 186-6 of this Part, shall conduct a check of New York State and national sex offender registries, and shall consider the results in accordance with article 23-A of the Correction Law.
21. (u) Serious injury shall mean death, disfigurement, or an injury resulting in the loss of consciousness or requiring medical treatment beyond first aid.
22. (v) School day shall mean any day in which a minor is required to attend school upon instruction pursuant to state or local law. School days for home-schooled or distance educated children shall be determined by the calendar of an appropriate public school in the child’s district of residence or of the distance education school in which the child is enrolled.
23. (w) Standard rehearsal period shall mean the period prior to a live theatrical production’s opening day, during which time performers are regularly engaged in practicing songs, dialogue, choreography or other elements of the production in preparation for performances before a live audience.
24. (x) Technical rehearsals shall mean the period prior to a live theatrical production’s opening day, during which time performers and production coordinators synchronize technical aspects of a production including, but not limited to, lighting, sound, wire rigging and cue controls.
25. (y) Temporary child performer permit shall mean the document issued by the commissioner to a parent or guardian of a child performer that authorizes the child performer to render artistic or creative services pursuant to article 4-A of the New York Labor Law for no longer than 15 days from its date of issuance during which time the parent(s) or guardian(s) of the child performer may establish a child performer trust account or provide the commissioner with other documentation needed to obtain a child performer permit.
26. (z) Work day shall mean the time that a child performer is required or permitted to be present at his or her place of employment, excluding time spent traveling between the child’s school or residence and the place of employment, but including rehearsal, preparation and performance time, standby time, time for meals, study, rest and recreation, and time spent traveling from one place of employment to another place of employment.

As used in this Part: