Under New York's Fashion Workers Act, nobody may create or use a model's digital replica without clear written consent that is separate from the agency contract and states the scope, purpose, rate of pay and duration. The same rule binds the agency and the client who hires you. A power of attorney can no longer hand an agency your digital likeness, and an agency that ignores this faces civil penalties of up to $3,000 for a first violation and $5,000 for a repeat, plus a lawsuit from you. This guide explains the rule from the model's side and shows how to check whether an agency is registered with the state before you sign anything.
What counts as a digital replica
The statute (Labor Law section 1031 in the printed bill text) defines a digital replica as a significant, computer-generated or artificial-intelligence-enhanced representation of a model's likeness. It expressly excludes routine photographic edits such as colour correction and minor retouching. In practice that draws a line between a retoucher cleaning up a skin tone and a studio building a 3D scan, a face-swapped image or a synthetic body that stands in for you on a shoot you never attended. Only the second group needs the special consent. Note that the wording above comes from the printed bill; a chapter amendment (S823 of 2025, signed as chapter 66 on 14 February 2025) adjusted sections 1031 to 1038, so read the current text on the New York Senate site before relying on a fine detail.
The consent rules, step by step
The New York State Department of Labor (DOL) page on duties under the Act states the requirements in plain terms:
- Agency: must obtain clear written approval from the model to create or use the replica, separate from the representation agreement, detailing scope, purpose, rate of pay and length of time.
- Client: must obtain clear written approval before creating or using the replica, with the same four details.
- No quiet changes: the agency may not create, alter or manipulate the replica without clear, conspicuous and separate written consent. The printed bill ties this prohibition to the use of artificial intelligence.
The four details are the checklist. Scope means what exactly is copied: face, body, voice, a single outfit set. Purpose means where it appears: one campaign, one brand, social ads, training data. Rate of pay means a figure stated up front, not "to be agreed". Duration means a start and an end date. A clause that says "any use, any media, in perpetuity" fails every one of them. If the offer is a generic release, compare it with the points in our model release form guide.
Why the power of attorney clause matters
Some agencies used to ask models to sign a power of attorney, letting the agency sign contracts on their behalf. The DOL guidance says a power of attorney may cover only modelling services and cannot cover a model's digital replica. The printed bill adds that a power of attorney must be an optional part of the representation agreement, may not be a condition of signing, and must be terminable by the model at any time and for any reason. Law-firm commentary on the DOL FAQs (Ogletree Deakins) notes that existing power-of-attorney agreements that were mandatory or did not meet the requirements became void as a matter of public policy on 19 June 2025. If your older contract contains one, ask the agency in writing whether it is still being relied on. The wider contract picture is in our model contracts guide.
What you can do if the rule is broken
Enforcement has two tracks. The DOL can impose a civil penalty of up to $3,000 for a first violation and up to $5,000 for a second or later one. Separately, an aggrieved model can sue in court to enforce the agency and client duties. Per the printed bill, remedies include actual damages, attorney's fees and costs, and liquidated damages of up to 100% of the damages, rising to 300% if the conduct was willful. For the DOL route, bill text also says a company that ignores a complaint notice faces a rebuttable presumption that the alleged violations occurred. These are the numbers from the statute; whether you have a viable case in your situation is a question for a lawyer.
How to check an agency against the New York registry
Registration is the second half of the system. According to the DOL, model management companies and groups that conduct business, represent models or are based in New York must register, and registration opened on 21 December 2025. The Act gives companies one year from its 19 June 2025 effective date, which law-firm summaries put at 19 June 2026. The DOL publishes a Model Management Registry on data.ny.gov, titled "Model Management Registry Three Year Window", which lets anyone view the companies and groups registered with the department. Three practical steps:
- Search the registry for the exact legal name on your contract, not only the brand name on the website.
- Ask the agency for its registration number. Per the printed bill, a registration is valid for two years, so ask when it expires.
- If you cannot find the agency and it represents models in New York, ask why before you hand over any material. Out-of-state firms may qualify for exemptions in certain cases, so the absence of a listing is a question to ask, not proof of wrongdoing.
The bill also requires agencies with more than five employees to deposit a $50,000 surety bond with the department before registering. A registration does not make an agency good, but it does tell you the company has filed with the state. Combine the check with the signals in our red flags when signing with an agency, and browse vetted names in the agency directory.
What this does not cover
The Act is a New York law. It protects models working through New York-based or New York-active agencies, not every model everywhere, and other countries and US states have their own rules. It also does not say a replica deal is a bad idea: H&M said in 2025 that it would create AI copies of 30 real models who would keep the rights to their digital likeness and be paid for each use, which is the structure the law asks for. Our overview of how AI is changing the modeling industry covers that case and the market context.
