Legal Advice for Models & Agencies – Expert Contracts Review & Negotiation

We offer modelling and fashion contract drafting, advice and dispute resolution. Wee recognise the intersection between models, fashion brands, media, and digital marketing. We offer a range of services, mainly focusing on four areas: 1. Manage Model Image Rights; 2. Deal with Model Agency fees Disputes; 4. Deal with model-related health and safety claims and complaints of abuse or mistreatment; 3. Craft and review Modelling Agency Contracts and other Modelling and fashion-related contracts, including influencer marketing contracts.

In general, the services we provide include:

• Starting & Launching a Fashion Line (Establishing a Company)

• Starting & Launching a Model Agency (Establishing a Company)

• IP Protection of Fashion – Copyright and Trademark Evaluation, Registration and Maintenance

• Review of Advertising and Marketing Rules

• Commercial Agreements (modelling agreements; manufacturing and distribution agreements; influencer marketing contracts)

• Dispute Resolution (dealing with sending and defending cease and desist letters for trademark and copyright infringement)

• Brand Protection

• Strategic General Counsel Services (legal department on the outside looking in)

• Deal Negotiations

• Licensing

• Child Modelling

Our Primary Focus Areas Are:

Model Image Rights

Model image rights lawyers specialise in protecting models' rights regarding the use of their images and likenesses. They ensure that models control how their images are used in advertising, marketing, and other media.

Fashion Retail

As fashion retail lawyers we focus on the unique challenges faced by retail brands. We provide essential legal support in areas such as contract negotiation, intellectual property protection, compliance with regulations, and dispute resolution. By leveraging the expertise of fashion retail lawyers, our clients can focus on growing their brand while ensuring they are legally protected in a competitive market.

Model Agency Fees

In addition to our expertise in contracts and litigation, we also provide guidance on model agency fees and model image rights. Understanding these aspects is crucial for models and agencies alike, as they navigate the complexities of compensation and the legal protections surrounding the use of a model's image and payment of fees.

TV and film, social media and other types of media

As modelling fashion contracts, Lawyers and modelling and fashion retail lawyers, we recognise that working with models is closely interlinked with working with fashion brands, TV and film, social media, and other types of media. Many of the fashion models we represent also appear in TV shows, films, and documentaries, are notable influencers, and start their own fashion brands.

Model Suing an Agency and Client for Using Images Without Permission

Case Study A

Background: An "in-demand model" is approached by a Model Agency for a photoshoot promoting a well-known cosmetics brand. The agreement specified that the images would be used exclusively for the campaign. However, after the shoot, the model discovered that the images were used in an unauthorised advertising campaign across multiple platforms without her consent.

Legal Proceedings: We would file a lawsuit against the Modeling Agency and the Cosmetics brand for breach of contract and misuse of her likeness. Modelling Agencies and Brands must get the model's consent before using their images. Our legal team will present the original contract and evidence of the unauthorised use of the images.

Outcome: The court favours the model, leading to a settlement that included compensation for lost wages and punitive damages for the agency's and client's negligence.

Case Study B

Urban Retailer Suing an Influencer Agency for Damage to Reputation

A well-known Camden and Brick Lane urban fashion retailer retains a prestigious influencer agency for a marketing campaign meant to enhance their brand visibility. However, the influencers selected by the agency posted inappropriate content that did not align with the retailer's brand values, leading to public backlash and a decline in customer trust.

Action: We file a suit against the influencer agency, claiming negligence and breach of the agent's duty to secure influencers who appropriately represented the brand. We seek damages for loss of customers and harm to their reputation.

Outcome: The court rules in favour of the retailer on the grounds that they had failed to vet the influencers properly. The agency is ordered to pay damages.

Modelling law encompasses a variety of regulations and rules that govern the model industry in the UK. It is essential for both agencies and models to adhere to these laws to maintain compliance and protect their interests. Some important regulations include:

1. The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Agency Regulations).

2. The National Minimum Wage Regulation 1999 & The National Minimum Wage (Amendment) Regulation 2011.

3. The UK Working Time Regulations 1998 and 1999 & The Working Time (Amendment) Regulations 2003.

4. Health and Safety at Work Act 1979 and the Employment Health and Safety at Work etc 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015.

UK Discrimination Cases That Are Relevant To The Above

Smith v. Gardner Merchant Ltd (2003)[1998] IRLR 510 *, involved workplace discrimination claims, emphasising the necessity for agencies to understand these laws to avoid legal pitfalls. It took place before the Employment Equality (Sexual Orientation) Regulations 2003 but remains relevant.

Ghaidan v. Godin-Mendoza (2004) was a case in which the House of Lords agreed that the definition of "spouse" in the Rent Act 1977 must be interpreted to include same-sex couples.

The British Association of Model Agents (BAMA)

BAMA represents model agencies across the UK and is committed to promoting best practices within the modeling industry. They provide guidelines and a Code of Conduct for member agencies, which includes recommendations on contracts, treatment of models, and transparency in fees and commissions.

The Department for Digital, Culture, Media & Sport (DCMS)

DCMS is a UK government department that helps shape policies affecting the creative industries, including guidelines on contracts and working conditions for entertainment workers. They work alongside industry stakeholders to promote fair employment practices.

Creative Industries Federation

This organisation represents a broad range of creative sectors in the UK. While not exclusively focused on contracts, they provide resources and advocacy for fair practices within the creative industries. They collaborate with industry stakeholders to promote better working conditions and contractual arrangements.

Equity

Equity is the UK's trade union for professional performers and creative practitioners. They offer guidance on contracts, including standard terms and conditions for actors, voice artists, and other performers. Equity's Model Contracts provide a framework that outlines the rights and responsibilities of performers and employers, aiming to protect individuals working in the arts and entertainment sectors.

• Proven track record with modelling contracts across diverse sectors, including fragrance, luxury lifestyle, cosmetics, fashion, and media.

• Experience negotiating and drafting agreements with some of the UK’s most high-profile lifestyle brands and agencies.

• Specialist knowledge of intellectual property law, data protection, and advertising regulations.

• Tailored legal services with fixed-fee or retainer options available.