Models: legal aspects of activity

Working in the modeling industry can be exciting, creative and profitable. However, behind every photo or video shooting process or event there are a number of legal nuances that are important to consider for both novice models and professionals. This is especially relevant in the context of digitalization, the growth of the use of models in video content, for the creation of AI avatars and the use of images for advertising and commercial purposes. We tell you how to avoid risks and maintain control over your career.

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:

Sign contracts even for one-off shoots.
Do not transfer exclusive rights without fair compensation.
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).
Record all verbal agreements,
for example, through additional agreements or electronic correspondence.
Monitor the use of your image
Request reports from customers on where and how your photos/videos are used.
Keep copies of all contracts and agreements.
Discuss digital rights separately
, especially if the project is related to AI, gaming or blockchain.
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: