Guide · Compliance
New York already regulates AI replicas of models
The Fashion Workers Act has been in force since 19 June 2025. If a model’s likeness is recreated or enhanced with AI for the American market, New York requires scoped, written, paid consent — and the grace period is over.
What the law requires
Before creating or using a model’s digital replica, brands and model management companies need the model’s clear written approval — and the approval must spell out the scope of use, the purpose, the rate of pay, and the duration. Separate, explicit consent is required for use by management companies and by clients. Model management companies operating in New York also had to register with the state Department of Labor by 19 June 2026.
Why this matters beyond New York
New York is the on-point law for fashion, but it isn’t alone: California voided vague digital-replica contract clauses for performers (AB 2602), Denmark passed copyright-style ownership of one’s own likeness, the federal NO FAKES Act cleared the Senate Judiciary Committee unanimously in June 2026, and the EU’s AI Act disclosure rules take effect 2 August 2026. Five jurisdictions, one direction: scoped, informed, paid consent is becoming the global standard for putting a person’s likeness in commercial AI imagery.
FAQ
What counts as a digital replica under the Act?
A significant computer-generated or AI-enhanced representation of a model's likeness — face, body, or voice — that substantially replicates or replaces the model's appearance or performance. Routine retouching and color correction are excluded.
What must the consent contain?
Clear written approval from the model, detailing the scope and purpose of the use, the rate of pay, and how long the replica will be used. Vague blanket clauses don't meet the standard.
What are the penalties?
Violations expose model management companies to actual damages plus liquidated damages of up to 100% of actual damages — up to 300% where the violation is willful — plus attorneys' fees.
Does this apply to synthetic AI models that aren't based on any one person?
The Act regulates replicas of real models. But fully synthetic faces raise the opposite problem: there is no one who can sign a release at all, which is exactly what brand legal teams ask for before commercial use of a face.
How Mirai handles this
Mirai’s entire model is the consent artifact this law describes: every model signs a likeness agreement, approves every image, and is compensated per use — with the scope recorded per license. When a brand licenses a Mirai image, the scoped, written, paid consent already exists.
This guide is general information, not legal advice. Facts current as of July 2026 — verify against the official texts before relying on them.