The Music Video Set: Ending Harassment in Short-Form Content and Commercial Shoots

In recent years, cities like Los Angeles have seen an explosion in music video, influencer, and branded content production. As record labels, social media creators, and global brands compete for attention in a digital-first marketplace, short-form visual content has become a cornerstone of marketing strategy. This rapid growth has created a high demand for background dancers, models, stylists, and production crew—many of whom are hired on a project-by-project basis, often with little oversight or formal structure.

Unlike traditional film or television productions, these shoots are frequently organized on tight timelines with lean teams, informal hiring processes, and limited human resources support. The line between employee and independent contractor is often blurred, leaving workers uncertain about their rights and protections. In these environments, directors, artists, agencies, and producers can wield significant influence over casting decisions, wardrobe, and on-set conditions, creating inherent power imbalances that can expose talent to misconduct.

These dynamics contribute to a heightened risk of sexual harassment in music video production. When performers rely on repeat bookings, referrals, or social media visibility to sustain their careers, they may feel pressured to tolerate inappropriate comments, coercive requests, or unsafe working conditions rather than risk being labeled “difficult” or losing future opportunities.

Despite the freelance nature of this industry, the law is evolving. Independent contractor legal protections in California have expanded in recent years, and both production companies and advertising agencies can be held accountable for harassment and unsafe working environments on set. As the industry continues to grow, so too does the legal responsibility to ensure that every set, no matter how short the shoot, is a safe and lawful workplace.

I. Vulnerability of Non-Union Talent in Short-Form Production

Non-union background dancers, models, and influencers working on music videos and branded content sets often operate without the institutional safeguards found in traditional film and television environments. Without access to human resources departments, union representation, or formal reporting channels, many individuals have little guidance on how to protect their legal rights when misconduct occurs. As a result, incidents frequently go unreported, allowing harmful behavior to persist unchecked.

Casting for these projects is also commonly conducted through informal channels such as social media outreach, direct messages, or word-of-mouth referrals. While efficient, these practices can create opportunities for coercion and exploitation, particularly when performers are encouraged to meet privately, attend unstructured “auditions,” or accept last-minute changes to job duties. The fear of being replaced, blacklisted, or retaliated against often discourages individuals from speaking up, especially in an industry where reputation and repeat bookings are critical to continued employment.

Compounding this vulnerability, many performers are classified as independent contractors, which can create confusion about whether they are entitled to workplace protections. However, under California law, independent contractors are not left without recourse. Statutes such as the Fair Employment and Housing Act extend anti-harassment protections beyond traditional employees, making it unlawful for individuals or entities that control the work environment to engage in or permit discriminatory or harassing conduct.

This expanding framework of independent contractor legal protections in California is a critical step toward ensuring that even short-term or freelance talent can assert their rights. Production companies, casting agents, and agencies must recognize that the absence of a formal employment relationship does not shield them from liability—and that all workers on set are entitled to a safe and respectful working environment.

The “struggling artist” trope has long been romanticized in the entertainment industry, suggesting that hardship, silence, and sacrifice are necessary stepping stones to success. On music video and commercial sets, this narrative can be weaponized to normalize poor treatment—implying that dancers, models, and emerging performers should tolerate uncomfortable or even unlawful conditions in order to build their careers or “pay their dues.” This expectation is fundamentally unfair and legally unsound. No artist signs up for a gig with the understanding that they must endure harassment, coercion, or unsafe environments to gain exposure or credibility. Professional opportunities should be based on talent and performance—not on a willingness to accept mistreatment. Rejecting this trope is essential to reshaping industry culture and reinforcing that every creative worker, regardless of status or experience level, is entitled to dignity, respect, and full legal protection on set.

II. “Look-Based” Hiring and Grooming Risks on Set

Casting decisions in music videos and commercial shoots frequently emphasize appearance, but that emphasis can be manipulated as a pretext for inappropriate conduct. When hiring criteria center on body type, image, or “vibe,” it can create a gray area that allows decision-makers to blur professional boundaries and justify invasive or uncomfortable requests as part of the creative process.

On set, directors, stylists, or producers may use so-called “fitting sessions,” wardrobe changes, or closed-set rehearsals as opportunities to isolate performers and engage in grooming behavior. Without clear oversight or protocols, these one-on-one interactions can become environments where inappropriate comments, touching, or coercive requests occur under the guise of preparing for a shoot.

The normalization of sexualized imagery in music video production can further obscure the line between professional direction and unlawful conduct. Performers may feel pressure to comply with requests that exceed the scope of the original casting call—such as wearing more revealing clothing or participating in suggestive scenes—because they fear losing the role or damaging their reputation. Repeated comments about body type, persistent suggestions to alter appearance, or requests for private meetings outside the production setting can all contribute to a hostile work environment.

Even when framed as “creative direction,” these patterns can constitute unlawful conduct and directly contribute to sexual harassment in music video production. California law makes clear that artistic context does not excuse behavior that is severe or pervasive enough to create an abusive or intimidating workplace. Production leaders must ensure that creative decisions are implemented with transparency, consent, and respect—and that all talent is able to perform their work free from pressure, coercion, or harassment.

III. Joint Liability of Production Companies and Ad Agencies

Short-form music video and commercial shoots are rarely run by a single entity. Instead, they often involve a web of participants—record labels, production companies, advertising agencies, brand sponsors, and casting vendors—all contributing to the final product and exerting varying degrees of control over the set. This layered structure can make it difficult for performers to identify who is responsible when misconduct occurs, but California law does not allow accountability to disappear simply because multiple parties are involved.

Under the Fair Employment and Housing Act (FEHA), more than one entity can be held liable when each exercises control over the work environment or the terms and conditions of the work. This means that if a production company, agency, or brand has authority over hiring decisions, call times, wardrobe requirements, supervision, or on-set conduct, it may share legal responsibility for preventing and correcting harassment. The law looks at the reality of control—not just the label on a contract.

Importantly, these protections extend even when performers are classified as independent contractors. Companies cannot avoid liability by designating talent as freelancers if they still direct the details of the work or maintain authority over the environment in which that work is performed. Likewise, ad agencies and brands cannot shield themselves from responsibility by outsourcing production to third-party vendors when they remain actively involved in creative direction, approvals, or on-set oversight.

Strong enforcement of independent contractor legal protections in California ensures that all responsible entities—whether they are directly employing talent or supervising the production—can be held accountable for maintaining a safe, lawful workplace. In a fast-moving industry built on collaboration, shared responsibility is essential to preventing harassment and protecting every person on set.

Conclusion

Harassment on music video and commercial sets is not an inevitable byproduct of a fast-paced, image-driven industry. Every performer—whether a background dancer, model, or influencer—has the right to work in an environment that is safe, respectful, and free from coercion or abuse. The creative nature of short-form content does not excuse unlawful conduct, and the normalization of inappropriate behavior should never be accepted as “part of the job.”

California law provides meaningful protections for both employees and independent contractors, including under statutes like the Fair Employment and Housing Act. These protections are designed to ensure that individuals can report misconduct without fear of retaliation and can hold the appropriate parties accountable when their rights are violated. No one should feel that speaking up will cost them their career or future opportunities.

Performers, dancers, and models are encouraged to document incidents as they occur—saving messages, noting dates and witnesses, and preserving any relevant evidence—and to seek legal guidance when they believe their rights have been violated. Early documentation can be critical in establishing patterns of misconduct and strengthening potential claims.

At the same time, responsibility does not rest solely with individuals. Production companies, record labels, and advertising agencies must take proactive steps to implement safer hiring practices, provide training on harassment prevention, and establish clear, accessible reporting mechanisms for all workers on set—regardless of classification.

Accountability and transparency are essential to ending sexual harassment in music video production and protecting the next generation of creative talent. By enforcing existing legal protections and fostering a culture of respect, the industry can continue to innovate while ensuring that every set operates as a safe and lawful workplace.