In New York, a fashion brand or model agency cannot create or alter an AI version of a real model's likeness without separate written consent that states the scope, purpose, pay, and duration of the use. The rule comes from the New York State Fashion Workers Act, signed December 21, 2024, and in force since June 19, 2025. A second New York law, in force since June 9, 2026, covers a different case: advertisements that use an invented AI performer who is not recognizable as a real person must disclose it.
Key takeaways
- The Fashion Workers Act treats a "digital replica" as a significant computer-generated or AI-enhanced likeness that substantially replicates or replaces a model's appearance or performance.
- Both model management companies and clients ("brands") carry their own written-consent duties for replicas, and the consent must be separate from the representation agreement for agencies.
- Routine photo edits such as color correction and minor retouching are excluded from the replica definition.
- The 2025 synthetic performer law requires a conspicuous disclosure in ads, with penalties of USD 1,000 for a first violation and USD 5,000 for later ones.
- Both statutes are New York laws, so they apply by their terms to that state.
How AI models entered fashion marketing
AI in fashion covers many uses, from image editing to demand planning, but the use that raised new legal questions is the AI-generated model. In March 2025, trade press reported that H&M planned to create AI "twins" of 30 models for some social media posts and marketing. According to FashionUnited's account, the models gave permission, keep control over how their replicas are used, and are paid for them the way they are paid for photographs. The report added that H&M would label its first AI-model images on social media with watermarks so consumers could tell they were generated. The details come from trade reporting of company statements, and no independent audit of those terms was found.
That arrangement rests on contract. Whether the law requires such terms depends on where the work is done and who is involved, which is where New York's statutes come in.
What the Fashion Workers Act requires
New York's Labor Law Article 36 was enacted through bill S9832, signed December 21, 2024 as chapter 676, and takes effect 180 days after becoming law, which is June 19, 2025. It regulates model management companies and the clients that hire models. Section 1031 defines a digital replica as a significant, computer-generated or artificial intelligence-enhanced representation of a model's likeness, including face, body, or voice, that substantially replicates or replaces the model's appearance or performance. Routine photographic edits, such as color correction, minor retouching, and standard post-production changes, are excluded.
Several provisions apply to replicas.
- A model management company must obtain clear written consent for creating or using a replica, detailing scope, purpose, rate of pay, and duration, separately from the representation agreement (section 1034).
- A company may not create, alter, or manipulate a replica using artificial intelligence without clear, conspicuous, and separate written consent (section 1035).
- A client must obtain clear and conspicuous prior written consent for any creation or use of a replica, with the same four terms (section 1037).
- A power of attorney held by an agency cannot extend to the use of the model's replica (section 1036).
Enforcement includes civil penalties of up to USD 3,000 for a first violation and USD 5,000 for later ones in the registration context, complaints to the Department of Labor within six years, action by the attorney general, and private lawsuits by models for actual damages, attorneys' fees, and possible liquidated damages.
The synthetic performer disclosure law
A different statute addresses AI people who are not copies of anyone. S8420-A amended General Business Law section 396-b and was signed December 11, 2025 as chapter 617, taking effect 180 days later, on June 9, 2026. It defines a synthetic performer as a digitally created asset, made or altered by computer using generative AI or a software algorithm, that gives the impression of a human performer who is not recognizable as any identifiable natural performer. A business that produces a commercial advertisement and has actual knowledge that a synthetic performer appears in it must disclose that conspicuously. Exemptions cover ads for expressive works such as films and games when the use fits the work, audio ads, and AI used solely to translate a human performer's language. Civil penalties are USD 1,000 for a first violation and USD 5,000 for each later one.
Two laws, two situations
| Question | Fashion Workers Act | Synthetic performer law |
|---|---|---|
| Whose likeness is shown? | A real, identifiable model | An AI figure not recognizable as any real performer |
| Main duty | Prior written consent with scope, purpose, pay, and duration | Conspicuous disclosure in the advertisement |
| Who must act? | Model management companies and clients | The business producing the ad, with actual knowledge |
| In force since | June 19, 2025 | June 9, 2026 |
| Statute | Labor Law Article 36 | General Business Law section 396-b |
The two statutes answer different questions. One asks whether a real person agreed to the use of an AI version of themselves, and the other asks whether viewers are told that a figure is artificial. A campaign that mixes both kinds of image engages both sets of rules.
Questions to ask before using an AI model image
- Does the image copy or replace a real person's face, body, or voice, or is it a new figure?
- If it is a real person's replica, is there written consent that covers scope, purpose, pay, and duration?
- Do older contracts mention AI at all, or only photographs?
- If the figure is invented, will the advertisement show a conspicuous disclosure where it runs in New York?
- Is the change a routine edit, such as color correction, rather than a substantial replacement?
This article gives general information about two New York statutes and one company's reported practice. It is not legal advice, and it does not recommend any brand or tool. Contract and compliance questions belong with a qualified lawyer and the statute text.
FAQ
Does retouching a photo with AI count as a digital replica?
Not if it is routine. The definition excludes color correction, minor retouching, and other standard post-production changes. It targets significant representations that substantially replicate or replace a model's appearance or performance.
Can an agency approve AI use on a model's behalf through a power of attorney?
The Fashion Workers Act says an agency's power of attorney cannot extend to use of the model's digital replica, so separate consent is needed.
Does the disclosure law apply to AI versions of real models?
By its definition it applies to figures not recognizable as any identifiable natural performer. Replicas of real models fall under the consent rules instead.
Are there similar federal or Canadian rules?
The sources reviewed for this article cover only the two New York statutes. No comparable federal or Canadian text was confirmed, so no statement is made about them.
Related reading
More in AI Tools and Industry.
Last verified: October 2026
Sources
- New York Labor Law Article 36, sections 1031 to 1038 (Fashion Workers Act), New York State Senate, 2024
- Senate Bill S9832, signed December 21, 2024, chapter 676, New York State Senate, 2024
- Senate Bill S8420-A, synthetic performer disclosure, chapter 617 of 2025, New York State Senate, 2025
- H&M to create twins of models with AI, FashionUnited, March 2025