Freelance Isn’t Free: Your Rights as a Creative in New York
If you’re a freelance artist, designer, or writer in New York, you have more legal rights than you might think. In 2017, New York City passed the Freelance Isn’t Free Act (FIFA)—the first law of its kind in the country. Several years later, in 2024, New York State enacted a similar law. Both give freelancers legal tools to demand timely payment and enforce contracts. Here's what you need to know.
Who’s Protected?
If you’re self-employed and working in New York (or for a company based here), the law likely applies to you—whether you're a:
Visual artist
Graphic designer
Illustrator
Copywriter
Musician
Web developer
Photographer
The key is that you're not an employee—you work independently, on a per-project basis. (Some professions, such as medical professionals and attorneys, are not protected by the laws.)
What the Law Requires
If the job is for $800 or more, the law requires a written contract. That total can be spread across multiple smaller projects with the same client over a 120-day period.
The contract should include:
The scope of work
Payment amount
Payment due date
Names and addresses of both parties
If no payment date is stated, payment is due within 30 days of completing the work.
What’s Illegal?
Under FIFA, it’s illegal for clients to:
Refuse to sign a written contract for qualifying work.
Delay payment past the 30-day limit.
Retaliate against you for asking for a contract or asserting your rights.
How to Enforce Your Rights
If you weren’t paid, or were paid late, you can:
File a complaint with the NYC Office of Labor Policy & Standards (free and administrative).
Sue in court—where you may recover double damages (twice the amount you’re owed), attorneys' fees, and penalties. These double damages can even apply in Small Claims court. StClair v. Sansal, 73 Misc.3d 492 (Civ. Ct., NY County 2021).
Need help enforcing your rights or drafting a solid freelancer contract? Contact us—we help artists and creatives protect their work and get paid.