ADventures in Law

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Brands and agencies, take note: On June 19, the <a href="https://www.nysenate.gov/legislation/laws/LAB/A36" target="_blank" rel="noreferrer noopener">New York State Fashion Workers Act</a> (Act) – a law aimed at implementing workplace, wage, and hiring protections for individuals who provide modeling services in New York – went into effect.

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Primarily, the Act is intended to protect models from potential exploitation by their management and their clients. To that end, much of the Act focuses on the management + model relationship. It establishes financial transparency and other contractual obligations aimed at leveling the playing field and providing models with greater autonomy. &nbsp;

If you are a brand or creative agency that hires models for your or your clients’ advertisements, this Act will impact you, too.

Below, we outline (1) who is considered a model under the Act, (2) how agencies and brands may need to revise their practices, and (3) what to include in your contracts to comply with the Act.

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The Act <a href="https://dol.ny.gov/new-york-state-fashion-workers-act-definitions" target="_blank" rel="noreferrer noopener">defines</a> “model” as any individual, whether an independent contractor or employee, who, in the course of their trade, occupation, or profession, appears in a photographic session, live runway show, or other live, filmed, or taped performance – including on social media platforms – in which such individual is required to (a) pose, (b) provide an example or standard of artistic expression, or (c) be a representation to show the construction or appearance of some thing or place for purposes of advertising or display (collectively, “modeling services”).

And don’t forget the digital AI twins! Under the Act, ‘modeling services’ also includes the use of a model’s “digital replica,” which is defined as “a computer-generated or artificial intelligence-enhanced representation of a model’s likeness (including without limitation face, body, or voice) that substantially replicates or replaces the model’s appearance or performance.” Importantly, digital replicas do not include routine photographic edits like color correction, minor retouching, crops, or other standard post-production modifications.

How Does the Act Impact Brands and Their Creative Agencies?

In addition to imposing obligations on the companies that manage models, the Act creates certain duties and responsibilities for the “clients” of such companies – including photographers, designers, and advertisers – that hire them.

Specifically, the Act requires clients to enact safeguards to protect models in the following areas:

Overtime: Pay models overtime (any time worked over 8 hours in a 24-hour period) at a rate of 1 ½ times a model’s contracted hourly rate.

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Consent: Obtain clear and conspicuous written consent from the model prior to the creation or use of the model’s digital replica. Such written consent must detail the scope, purpose, pay rate, and length of time for which the digital replica will be used.

Insurance: Provide liability insurance to cover and ensure the health and safety of models.

Abuse Policy: Establish a company policy that conforms to current New York state laws to address abuse, harassment, and any other inappropriate behavior toward models, and to share such policy with models in writing.

Respectful Approach to Nudity: Ensure any employment, engagement, entertainment, exhibition, or performance that requires nudity or other sexually explicit material complies with <a href="https://www.nysenate.gov/legislation/laws/CVR/52-C" target="_blank" rel="noreferrer noopener">New York State Civil Rights Law § 52-c(3)</a>.

Safety: Refrain from offering any work that poses an unreasonable risk of danger to the model.

Companions: Allow models to be accompanied by their agent, manager, chaperone, or other representative to any employment, engagement, entertainment, exhibition, or performance.

Meal Breaks: Provide at least one 30-minute meal break during any work period that exceeds 8 hours in a 24-hour period.

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In addition to the safeguards above, the Act outlines certain contractual requirements.

The Act prescribes that prior to the start of any work, models be provided with a written or digital copy of their deal memo clearly outlining their responsibilities, the compensation, and the payment terms. Although the deal memo is to be provided to the model by the management company, this requires that the terms of the underlying deal be clearly and transparently negotiated and memorialized.

Accordingly, brands and creative agencies should review their hiring workflows to ensure that all practices are compliant with the new regulations.

Digital Replicas and Power of Attorney

As noted earlier, the Act requires clear and conspicuous written consent from a model prior to the creation or use of that model’s digital replica. Importantly, according to the New York Department of Labor <a href="https://dol.ny.gov/new-york-state-fashion-workers-act-faqs" target="_blank" rel="noreferrer noopener">FAQs</a>, as of the Act’s effective date, any existing power of attorney that allowed for the use of a model’s digital replica will no longer be valid, and future power of attorney agreements will no longer be permitted to include terms regarding digital replicas; such consent must be provided explicitly in a separate writing.

To that end, brands and creative agencies are encouraged to audit existing model contracts to confirm that any consent for the use or creation of a digital replica has been properly obtained. This may also include reviewing consent on a campaign level, as a previous “blanket” consent may no longer be valid. Going forward, contracts for the use and creation of a digital replica should include the clear and conspicuous language mandated by the Act.

Violations of the Act are subject to a civil penalty of $3,000 for the first violation and $5,000 for each subsequent violation. Additionally, the Act allows models to file complaints with the New York State Department of Labor and creates a private right of action allowing models to file suit to seek actual damages, attorney’s fees, and liquidated damages.

While the registration requirements for model management companies will not become effective until December 21, 2025, all other provisions of the Act are effective as of June 19, 2025. Brands and agencies that engage (or are contemplating engaging) models in New York state should read the New York Department of Labor <a href="https://dol.ny.gov/new-york-state-fashion-workers-act-faqs">FAQs </a>and consult with legal counsel to help review their current contracting practices and hiring policies, especially as they relate to payment, working conditions, and the use of digital replicas, to ensure that all future model engagements comply with the new regulations and to avoid any disruptions to current campaigns.

Supermodel, Werk! New York’s Fashion Workers Act Takes Effect