The AI Dilemma: When Fashion Labels Use Your Likeness Without Consent
The intersection of artificial intelligence and the fashion industry has created a complex legal and ethical landscape. Recent controversy surrounding the New Zealand streetwear brand Huffer highlights the growing tension between brand efficiency and the rights of human models.
Auckland model Elijah Timmins-Scanlon recently raised concerns after identifying AI-generated figures in campaign materials that appeared to be based on his own likeness and that of other models who had previously worked with the label. This has sparked a broader conversation about transparency, consent, and the future of digital identity in creative industries.
The Transparency Gap: Why Models Are Speaking Out
For models like Akshay Raju, who has previously modeled for Huffer, the primary issue is not necessarily the existence of AI technology, but the lack of disclosure. Raju noted that the AI-generated imagery featured garments he had previously modeled, often in poses strikingly similar to his own.
“As far as I’m aware, it was in my agency contract that AI has to be disclosed if it’s going to be used, and I definitely was not made aware about this in any form,” Raju said.
Mandy Jacobsen, a representative from the agency Red11, emphasizes that a model’s look is their livelihood. She argues that the unauthorized use of a person’s likeness in AI-generated content is a significant concern for the industry, noting that agencies are now actively discussing these policies with brands to ensure models are informed and fairly compensated.
Navigating the Legal Grey Area
As AI-generated content becomes more prevalent, legal experts are grappling with how existing laws apply to digital likenesses. Catlin Hadlee, a litigator specializing in entertainment and intellectual property disputes, notes that New Zealand law is currently catching up to these technological advancements.
“Transparency is significant. And consent is key,” Hadlee stated. She explains that the legality of using a model’s likeness without permission often hinges on the specific terms of the contract signed between the model and the company. In the absence of a specific legal right preventing the commercial exploitation of a person’s likeness, questions may also arise under the Fair Trading Act if consumers are misled regarding product endorsements.
Future Trends: Where Creative Industries Go From Here
The Huffer case serves as a bellwether for the fashion and advertising industries. As digital tools become more sophisticated, we can expect to see the following shifts:
- Stricter Contractual Language: Expect “AI clauses” to become standard in model and talent contracts, clearly defining if and how AI can be used to synthesize a person’s appearance.
- Industry-Wide Standards: Creative agencies will likely push for a unified code of conduct regarding AI usage to protect talent.
- Increased Consumer Scrutiny: As audiences become more tech-savvy, brands will face greater pressure to disclose when content is AI-generated to maintain trust.
Frequently Asked Questions
- Is it illegal to use AI to generate a person’s image?
- It depends on the circumstances, including whether you have a contract that permits such use and whether the AI-generated image creates a false impression of endorsement.
- What should models look for in their contracts?
- Models should look for clauses that explicitly mention the use of their likeness in digital or AI-generated content and ensure there is a requirement for disclosure and compensation.
- How can consumers identify AI-generated fashion models?
- While AI is becoming more realistic, inconsistencies in texture, background, or lighting—as well as “uncanny” facial features—are often signs that an image may be computer-generated.
Have you encountered AI-generated content that felt deceptive? Share your thoughts in the comments below or subscribe to our newsletter for more updates on the intersection of technology and ethics.
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