The New York State Fashion Workers Act (NYS Labor Law, Article 36) goes into effect next week and establishes new workplace protections for models working in New York and new responsibilities and requirements for “model management companies,” “model management groups,” and “clients.” These responsibilities, requirements and protections are explained in detail on the New York State’s Department of Labor website, here. They include clarity in financial arrangements, non-harassment policies, approval rights for certain content, limitation on length of representation agreements, and more. The Act also includes a number of prohibitions, such as requiring deposits or fees from a model to secure representation, charging a commission greater than 20%, and deducting expenses without approval.

As defined by the Act, a “model” is a person, whether as an employee or independent contractor, who performs modeling services as part of their trade, occupation, or profession. “Modeling services,” not surprisingly, is work performed by a model, which means performing or appearing in a photo shoot or in a runway, live, filmed, or taped appearance, including on social media. Such services include any photographic session, performance, or appearance where a model is required to pose; provide an example or standard of artistic expression; or represent something or someplace for purposes of display or advertisement. It also includes the use of a digital replica.

While much of the Act addresses the requirements and prohibitions for model management companies and groups, the Act also includes duties for the “client,” defined as a person, business, or organization that contracts for modeling services and manages the performance of those services, whether directly or through a model management company or other intermediary.  The duties include payment and break requirements, maintaining and sharing a non-harassment policy and more. 

Significantly, the Act also requires clients to obtain “clear and conspicuous prior written consent” from a model before creating or using a model’s “digital replica,” defined as a significant computer-generated or artificial intelligence-enhanced representation of a model’s likeness that recreates or replaces a model’s appearance or performance. This may include, but is not limited to, the model’s face, body, or voice. Written approval must detail the scope, purpose, rate of pay, and length of time the replica will be used. (A “digital replica” does not include routine photographic edits like color correction, minor retouching, or other standard post-production modifications.) 

The FAQs address some key issues relating to this consent requirement.  One is that any power of attorney agreement between a model management company and a model can no longer include the creation or use of a model’s digital replica. Models must provide separate and explicit written consent regarding the use of their digital replica by model management companies and clients. Moreover, as of June 19, 2025, any power of attorney agreement that previously included the use of a model’s digital replica is no longer valid. Further, because a model has the right to approve the scope, purpose, rate of pay, and length of time a replica will be used, if an approval provided for one campaign did not expressly cover the use of the replica in a future campaign, the client must obtain new approval.

Clients are subject to civil penalties in the amount of three thousand dollars for the initial violation, and for five thousand dollars for a second or subsequent violation.  The Act goes into effect in two phases: all but the registration requirements go into effect on June 19, 2025 and the registration requirements begin on December 21^st.