How it works
From existing pictures and footage a copy of a model can be built that "poses" for new clothes and campaigns. For a brand it saves shoots; for the model it raises the question of who controls their face and who pays for it.
New York State's Fashion Workers Act requires separate, explicit written consent for creating and using a replica, stating the scope, purpose, pay and duration. A power of attorney given to an agency can no longer cover a digital replica.
Elsewhere it is a matter of contract. A general clause on "all media and technologies" may mean a model agrees to a replica without realising it.
In practice
A brand offers a model a contract saying the pictures will be used "in all existing and future technologies". The agency asks for that clause to be clarified. The brand admits it wants to generate new images from the pictures with AI. A separate deal is agreed: one year, online store only, for a separate fee.
What to watch for
- Look in the contract for "digital", "artificial intelligence", "synthetic".
- Consent to a replica should be separate and paid.
- Ask what happens to the replica when the contract ends.
Related terms
Frequently asked
01Can a client make my replica without permission?
Not in New York State: explicit written consent is required. Elsewhere it depends on the contract, so read it.
02Is a digital replica paid?
It should be paid separately, like a separate usage right.