Legal status of the model

Models can collaborate on different legal grounds:

• as a self-employed person;
• as a sole proprietor;
• under an employment contract (through an agency);
• within the framework of one-time contracts (civil law contract, so-called one-time deal ).

The choice largely depends on: 1) the frequency and systematic nature of such activities, 2) the amount of income received per year, 3) customers (residents-non-residents, income tax payers/single tax payers).

The contract is the basis of legal protection

A legally sound contract is the basis for protecting a model.

Models most often work according to:

• One-time contracts (for photo shoots, advertising, video clips).
• Long-term agreements (with agencies or brands).
• Specific contracts (for AI avatars, games, digital projects).

It is important to stipulate in the contract:

• conditions for participation in the filming (date, place, topic);
• clear description of the work format (photo, video, 3D scanning);
• amount and payment procedure;
• terms of use of the image (advertising, social networks, games);
• rights for commercial use in digital projects (e.g. for NFT or AI);
• rights to use images and videos (including term, territory, format of use, possibility of transfer to third parties);
• indication of the transfer of property rights (if necessary);
• restrictions on the use of materials (for example, a ban on erotic or political use).

If the contract does not contain clear terms, unauthorized use of photos or videos for any purpose is possible.

Rights to photos and videos

The image of a person may be used only with his/her consent. The exception is public events and cases when a person posed for a fee, and a corresponding agreement was concluded.

To protect models it is important:

• give written consent for the use of the image;
• sign agreements specifying the scope of the rights being transferred;
• control where and how content is used;
• In case of violation of rights – seek legal protection, including a demand to remove materials or pay compensation.

How to protect yourself:

• Include in the contract a clause prohibiting the transfer of rights to third parties.
• Register copyrights for unique images (e.g. for avatars).
• Require written consent for each new use of the image.

Using Image in AI and Digital Projects

Today, images and videos of models are actively used:

• for creating digital avatars and AI models;
• in video games and 3D content;
• in social and advertising videos.

This requires additional regulation: the contract must explicitly specify such methods of use, the term and conditions of data transfer. Without this, the model’s rights may be violated.

Recommendations from ZilverLaw lawyers:

1. Sign contracts even for one-off shoots.
2. Do not transfer exclusive rights without fair compensation.
3. Don’t sign contracts without a lawyer
   Even template contracts may contain hidden terms (for example, a perpetual license to use an image or an unlimited format for using an image).
4. Record all verbal agreements,
   for example, through additional agreements or electronic correspondence.
5. Monitor the use of your image
   Request reports from customers on where and how your photos/videos are used.
6. Keep copies of all contracts and agreements.
7. Discuss digital rights separately
   , especially if the project is related to AI, gaming or blockchain.
8. Comply with tax laws

If you don’t have the knowledge or desire to deal with reporting and paying taxes, entrust this to outsourced accountants.

When to contact a lawyer?

• You are not paid your fee or your deadlines are violated.
• Your photo is being used without permission.
• You are participating in a dubious project and want to check its legality.
• It is necessary to draw up an “ideal” contract for working with foreign clients.

Zilver Team will help:

• Draft and review contracts.
• Register rights to the image.
• Collect compensation for illegal use of photos/videos.
• Resolve disputes with agencies and clients.

We also recommend that you read:

Taxes of LLC and employees in Ukraine

Single tax on author’s remuneration and royalties

Online Business: Legal Advice

Sample AI Policy (AI Act) for a company

(Commercial) franchise agreement

Blogger: legal aspects

Public contract

Legal terms for placing an application on the App Store or Google Play

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1. Athletes’ contracts

A sports career often begins with signing contracts: with clubs, federations, agents, sponsors. When signing, it is important to consider:
– The term and terms of termination – unfavorable terms can limit career growth.
– Financial terms – clarity and consistency of provisions on payments (types, terms, etc.), insurance are an important component of an athlete’s contract.
– Athlete’s responsibilities – for example, a ban on certain activities (extreme sports, advertising competitors).
– Provisions on early termination at the initiative of the athlete – may provide for fines or compensation.

– Transfer – provisions in the contract that determine the possibility and conditions of transfer are important for the athlete’s career growth.

Recommendation: Before signing a contract, consult a lawyer to avoid possible risks.

2. Sponsorship and advertising

Athletes often enter into agreements with brands and advertisers. It is important to consider:
– Are advertising contracts permitted by your main agreement with the club/federation?

– Are there restrictions on the products advertised (e.g. alcohol, gambling, tobacco)?

– What is the royalty or fixed fee amount?

– Terms of payment of remuneration (terms, amounts, calculations, deductions/withholdings).

Recommendation: Check the terms of the contract, especially regarding the use of the athlete’s name and image.

3. Taxation

Athletes receive income from various sources: salary, prize money, sponsorship. It is important to know:
– Where to pay taxes – in the country of residence or in the places of performance? More information about double taxation can be found at the link.
– What tax rates apply?
– Are there any tax breaks?

– Submit financial statements and pay taxes on time.

Recommendation: Consult a tax consultant/accountant to avoid problems with the tax authorities.

4. Intellectual property

The athlete’s name, logo, slogans may be objects of intellectual property.
– Trademarks – registration of the athlete’s name or brand protects against their illegal use.
– Copyright – it is necessary to monitor the use of photos, videos, autobiographies of the athlete, and always conclude high-quality contracts with contractors (photographers, marketers, biographers) in this area.

Recommendation: Consider registering a trademark if you plan to commercialize your name.

5. Injuries and medical risks

It is important to have good insurance, rehabilitation and medical care. These issues are also recommended to be settled with the club, federation, or resolved by your team.

Recommendation: Make sure your contract includes provisions for insurance in the event of injury.

6. Disciplinary and Anti-Doping Rules

Doping control is an important part of sport. Violations can lead to disqualification.
– Anti-doping regulations – athletes are required to test medications and nutritional supplements.
– Codes of conduct – violations can lead to fines or termination of contract.

Recommendation: Always consult with a lawyer and medical personnel before using drugs.

Conclusion

Professional sports require not only physical but also legal training. Contracts, taxes, rights to the name, disciplinary issues – all these aspects require attention. Mistakes in contracts or ignorance of the laws can lead to financial losses or disqualification. The team of the law firm “Zilver” is ready to help you understand all the legal nuances of professional sports, protect your interests and avoid possible problems, and, if necessary, protect you in sports courts.

Contact us – your career deserves reliable legal support!

We also recommend reading:

Sample oft he AI Policy (AI Act) for a company

Sample of the franchise agreement

Public offer agreement

Legal terms for submitting an application to the App Store or Google Play

How to Tokenize Assets and Businesses? Legal aspects

Law firm “Zilver” on Facebook

Law firm “Zilver” on Instagram 

Law Firm “Zilver” on LinkedIn  

Law Firm “Zilver” in Telegram

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ATTENTION: this sample is standardized and may not be suitable for use in a specific situation. We always recommend that you contact lawyers in advance and agree on the text of the power of attorney. The proposed text of the power of attorney is advisory in nature, and Zilver Law Firm is not responsible for the use of this sample in each specific case.

The text of the power of attorney can be found at the link.

You can read about the procedure for certifying a power of attorney by following this link.

The post Sample of the power of attorney first appeared on Zilver.

• How to choose lawyer / attorney in Ukraine?
• NGOs;
• Compensations;
• Charity and charity organizations in Ukraine;

They are not translated into English or German, as far as they might be more useful for Ukrainian. However you may ask Zilver lawyers for legal help in any fields of law.

The post Universal lawyers recommendations first appeared on Zilver.

Before applying for legal assistance, we recommend you to familiarize yourself with the recommendations on the choice between advocates and lawyers.

The advocates (attorneys) are the lawyers, who have a certain experience, passed the qualifying examinations and received the advocate certificate.

Until 2017, advocates (attorneys)had a “monopoly” on representation of the interests (protection) of principals in courts only in criminal proceedings (with some exceptions). Both lawyers and advocates had the right to represent the interests of citizens and enterprises in any other proceedings (economic, administrative, civil, family, labor proceedings).

At the moment, in Ukraine the interests shall be represented before the court exclusively by advocates (attorneys), with the exception of certain categories of cases that are allowed to be handled by the lawyers, who do not have the status of advocate. These categories of cases include minor disputes as well as labor disputes.

The lawyers can provide advice, participate in negotiations, draw up contracts and other documents, engage in registration activities, and so on.

Both advocates (attorneys) and lawyers, who can protect your interests in courts and provide the necessary advice, work at Zilver Law Company. 

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Taking into account such article may be more interesting for Ukrainians, we provide you in English with short information about such situation.

The complainant may call the police and the offender will be fined for not letting dweller into apartment.

The complainant may apply to the court, which will take several month in Ukraine.

The post If you are not let in to the apartment? first appeared on Zilver.