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12-06-2013
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Proposed Model Laws
http://www.buzzfeed.com/amyodell/pro...ic-impact-on-t

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12-06-2013
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New Model Laws
Wasn't sure where to post this so I decided to post here too....such good news. http://www.buzzfeed.com/amyodell/pro...ic-impact-on-t

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12-06-2013
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Proposed Child Model Law Stands To Have Dramatic Impact On The Fashion Industry
The law, which would give fashion models working in New York the same protections as all other child performers, would discourage designers from hiring any models under the age of 18 — and could completely change the face of fashion.
Amy Odell
BuzzFeed Staff


Quote:
Senators Klein and Savino speaking at Lincoln Center in New York on Sunday.
Image by Courtesy Photo


When model Coco Rocha shoots an ad campaign, it’s often split into two parts — print photographs and video. If a performer under the age of 18 is on set, she sees a drastic difference from one shoot to the next. “When we’re doing a commercial, the crew changes completely,” she said. “There is a nurse, there is a tutor” — a whole team assembles to watch over that adolescent performer, as mandated by New York state law.
That team of caretakers doesn’t have to show up for the print modeling part of the job because New York currently fails to provide print and runway models with the same protections as other child entertainers, like actors, musicians, or dancers. But new legislation proposed by Senate Co-Leader Jeff Klein and State Senate Labor Committee Chairwoman Diane Savino, seeks to close the loophole that excludes print and runway models from the same protections as all other child performers. The legislation — which could pass as soon as this week — was created with the help of the Model Alliance, a non-union organization that fights for fashion model rights, of which Rocha is a vocal and highly visible member. (Models work as independent contractors, and are therefore unable to unionize according to federal antitrust law.) Expanding the definition of child performers to include print and runway models would require young models to have chaperones on set, ensure a portion of their earnings goes into a financial trust, and ensure they don’t miss too much school for work.
If passed, the law could have a dramatic impact on an industry that regularly employs young women under the age of 18 for fashion shows, ad campaigns, and magazine shoots. By making it much more difficult to employ 16- or 17-year-old girls to model (most male models start their careers a little older, around 18 or 19), the controversially very young, very thin look the industry has become known for could finally start to change, to say nothing of the exploitation these young women regularly face.
The abuses of child models in New York and the need for this kind of law are detailed in a report by the Independent Democratic Conference. The report also seeks to explain why fashion models have not been protected the way other child performers are for so long. “Society scoffs at labor complaints due to the attractive appearance of the models themselves, their ‘assumed’ large salaries, and the glamorous lifestyle they lead,” the report states. “The Model Alliance works to dispel such notions. According to them, the average model makes about $32,000 annually, with a career that lasts only five years.” The report includes the results of a survey conducted by the Model Alliance, in which 86% of respondents said they were asked to pose nude without prior notice and nearly 30% of respondents said they had experienced “inappropriate touching” on the job.
The Department of Labor’s rules for child performers only protect “models appearing in television broadcast or program” — which is why photo and video shoots are so different. New York already has laws that limit work hours for young models and require them to obtain work permits, but they currently fall under the Department of Education’s purview rather the Department of Labor’s, and therefore go widely unenforced.
A majority of states, including Alaska, Alabama, Louisiana, and Iowa, already have stronger protections for child models than New York — which is bizarre considering New York’s fashion industry employed 165,000 people and brought in $55 billion in sales in 2011, according to the IDC report. This makes New York “kind of like the Wild Wild West” in terms of child model regulations, Rocha said.
Sara Ziff, a former model and founder and director of the Model Alliance, said this is the first piece of legislation born directly from the organization’s advocacy work. Klein and Savino approached the Model Alliance about the bill after noticing its online petition asking New York Governor Andrew Cuomo and other state officials to give child models the same protections as other child performers.
In September, Ziff testified at a hearing on new proposed regulations for child performers in New York, noting that print and runway models weren’t included in the regulations governing the employment of child performers. “Which is strange because virtually every other kind of child performer working in New York was covered,” Ziff said.
“They basically told me this was out of the Department of Labor’s jurisdiction, because the DOL does not cover fashion models,” she added. “I basically argued that fashion models should be included. That’s what we are doing now. It just took nine months to get there.”
Many models start their careers at the age of 13, 14, or 15, Ziff said, and routinely work very long hours without chaperones or tutors on set. Thanks to pressures from the Council of Fashion Designers of America and Vogue, more and more models start at age 16. Yet, that’s still a very young age to be tasked with figuring out how to manage one’s own finances without the help of a trustworthy adult. It’s also quite young to handle pressure from agents to drop out of high school, or to figure out how to respond to unwanted sexual advances from older male photographers, or to deal with last-minute requests to pose nude or scantily clad when it wasn’t previously specified in a job’s description.
Ziff thinks the proposed legislation “would protect kids who are not just working models, but all of these young women who come here with stars in their eyes, who are willing to do almost anything for a chance at success, whether that means dropping out of high school or giving into sexual demands from photographers.”
She thinks the law would discourage employers from working with minors as frequently as they do now, and “if it has the sort of indirect effect of skewing the age a little older to, say, that 18-year-old girl instead of that 15-year-old girl, I don’t think that would be such a terrible thing,” Ziff said. For instance, you’d see fewer girls getting pushed out of the business once puberty alters their figures.
Susan Scafidi, the director of Fordham’s Fashion Law Institute, expects the bill to pass quickly: “It’s a child protection bill — no one votes against that.” She also suggests designers start thinking now about how this law will affect their New York Fashion Week shows in September. A lot of casting decisions for those shows are made last-minute. But under the new legislation, designers would have to notify the Department of Labor days in advance of any minors they’d want to hire. That means no more adding in a 17-year-old to the lineup the night before a show walks.
While the Department of Education hasn’t enforced the laws governing child models already on the books, Scafidi cautions anyone considering hiring child models not to expect the same attitude from the Department of Labor. “They can send people to check [working conditions at fashion shows], they can contact individuals who have work permits and ask about their hours, they can contact individuals who have applied for certificates and ask to see their paperwork,” Scafidi explained. “The rules are pretty strict. If the Department of Labor contacts you and says, ‘I want to see all the permits of models who are under 18 this season,’ you have to come up with them.” Designers who pay models in “trade” (meaning designer clothing) instead of cash for runway work are not exempt from the law since goods count as a form of payment according to the IRS.
Scafidi and Ziff both noted that the law still allows for artistic expression — should a designer or fashion editor feel it essential to hire a 17-year-old girl, they can. They’ll just have to worry about a lot more paperwork, and, if they plan to send a model on a weeklong shoot somewhere far-flung, sending a chaperone and tutor along as well.
Rocha and Ziff say the response to the bill has been positive so far, but “I don’t think anyone would want to come out and say they’re against it, because who is against the rights of a child?” Rocha noted.
Ziff said she’d spoken with several modeling agency heads who have “been supportive behind the scenes,” though they didn’t appear at the press conference the Model Alliance and lawmakers held Sunday afternoon in New York to promote the bill. “I think for them, it’s better for their business if they have models who are mature enough to deal with the adult pressures of the industry,” Ziff said. She wasn’t sure of how designers are feeling about the law but noted that other entertainment industries — Broadway, television, film, etc. — haven’t been hurt by child labor laws, and she can’t see them hurting the fashion industry, either.
In a statement of support for the bill, Tyra Banks said, “I look forward to seeing young models have rights my generation did not.” As decades of subpar working conditions have showed, legislation is probably the most effective way to grant models those rights.
buzzfeed.com

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12-06-2013
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Oh my God that was long!! Anyways, I kind of agree with the motion, but it most definitely would change fashion; the look of fashion. It would almost be like pre-Twiggy, as she was the first adolescent "supermodel", and the first to become so famous for her "undeveloped" features like super-flat chested, super narrow hips, etc. And to think, there have been so many girls who have reached super top model status even before 18. Me personally, I think girls should be at least 17 to work in the international fashion market myself.

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13-06-2013
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This is actually really good!

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16-06-2013
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New York Aims to Treat Underage Models as Child Performers

Quote:
The New York State Legislature approved a measure Wednesday night that would recognize fashion models under the age of 18 as child performers for print and runway work, a step that has the potential, if signed into law, to alter not only hiring practices in the fashion industry, but also the overall look of models appearing at Fashion Week.

As it stands, the majority of models start their careers well under 18, with some young women appearing in runway shows when they are 13 or 14. Reacting to concerns about the health and well-being of such young models, the Council of Fashion Designers of America has repeatedly urged its members to set a minimum age of 16 for runway models. Though most designers have complied, there are still examples of extremely young models on New York runways, and no significant workplace protections for those under 18.

“There is tremendous pressure on girls who are still in high school,” said Sara Ziff, a former model who started an advocacy group called the Model Alliance, which worked with legislators on the proposed changes to child labor laws. “I know firsthand how models can be pressured to forgo their education and sometimes are put on the spot to take photos that may be age inappropriate.”

The approved legislation, introduced by Senators Jeffrey D. Klein and Diane Savino, Democrats from New York City, would include print and runway models as child performers under state labor law. Underage models are currently subject to regulation by the Department of Education, but those rules have rarely been enforced and are modest in comparison to those of the Department of Labor, according to Ms. Ziff and labor lawyers involved in the modeling campaign.

A spokesman for Gov. Andrew M. Cuomo said on Thursday that the office was reviewing the legislation. It could take several months before a decision is made.

But its swift passage in the Legislature was seen by model advocates as an important moment, with potentially major implications for designers and magazines.

“This is the day that modeling moved from being a girls’ profession to a women’s profession,” said Susan Scafidi, the academic director of the Fashion Law Institute at Fordham University. “There is no doubt models who have started at 14 have gone on to great careers, but it’s just too young to be subjected to this industry.”

Treating models as child performers, under existing labor laws, would require designers and magazines to apply for permits to employ them, to carefully document their working hours and to provide many additional benefits and safeguards. Hiring underage models would also be complicated by the number of hours they can work, Ms. Scafidi said, adding that the regulations, as well as possible fines or an investigation by the labor department, might act as a deterrent to hiring as many underage models.

“I really feel like the easy solution is going to be, fine, bring me an 18-year-old,” Ms. Scafidi said. “It is true that the aesthetic is going to change a lot.”

Ms. Ziff also said she suspected that designers will be less inclined to hire young models. “I don’t think that would be such a bad thing,” she said. “Designers are marketing their clothes to adults, so I think that would be appropriate.”

Modeling agencies, which have for decades resisted attempts to regulate ages, are likely to disagree to some extent. But complaints about the standards of beauty being set by their industries in regard to weight, race and age have prompted many prominent agents and designers to advocate some form of protection for models.

Steven Kolb, the chief executive of the fashion council, said the change in labor law would be well received, even if it means more paperwork for designers. “I don’t think it is that difficult,” he said. “It is a process that people are going to have to become familiar with, but fashion is an industry that has adapted and will adapt.”
nytimes / june 13, 2013

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22-06-2013
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This is amazing. It would be such a huge step forward for the fashion industry.

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25-06-2013
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This is great news! I think the glossy covers, the fancy runway shows, and the beauty of the girls can deter people from facing the reality that these are CHILDREN and they deserve rights that ensure them a safer workplace. Sara Ziff is such an over achiever!

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30-06-2013
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Words and words and more words... show me the facts, then we'll speak.

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06-07-2013
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here's the facts http://www.wwd.com/media-news/fashio...el-law-6989833

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06-07-2013
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http://www.wwd.com/media-news/fashio...el-law-6989833

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06-07-2013
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^thank you for posting

Quote:
MODEL LAW: It’s about to get a little more complicated for fashion brands hoping to use models under the age of 18 during New York Fashion Week. Both houses of the New York State legislature late Wednesday passed new labor laws aimed at protecting child models.



The legislation, which essentially affords underage models the same protection as other child performers, will be presented to Gov. Andrew Cuomo to be signed in the next few weeks. When signed, employers such as fashion brands, fashion publications and advertisers must abide by a host of regulations, including adhering to restricted work hours that require breaks and meals.

Models won’t be able to work past midnight on school nights and they won’t be able to return to work less than 12 hours after they have left.

That will likely pose a problem during fashion week, noted Susan Scafidi, academic director of Fordham’s Fashion Law Institute. “It will be crazy difficult,” she said, adding that fashion houses had better apply for permits now if they are hoping to use models under 18 on runways come September.

The law will also provide that models are allotted study time, tutors and a space for instruction. If a model is under 16, a “responsible person” must be designated to monitor the activity and safety of the minor, according to the legislation.

Additionally, 15 percent of the child model’s earnings must be transferred into a separate, restricted bank account, which must be set up by the model’s parent or guardian. If the law is broken, the employer will be fined $1,000 for the first violation, and that total will increase by $1,000 for every subsequent violation.

Scafidi underscored that the “biggest” impact that this law may have is that older models may now get more work. “And that wouldn’t be a bad thing,” she said. “Models careers are very short.”
wwd via model mom

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07-07-2013
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I can see how this will be difficult for modeling agencies - but it's imperative to keep children safe from opportunistic predators and this is a step in that direction.

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12-07-2013
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That's a great thing, but I find a 1000 dollar fine too low...

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15-07-2013
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Yes, in that industry, a 1000 dollars fine seems ridiculously low

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