I want to be clear upfront: I am not a lawyer. What I am is an agency owner who has dealt directly with AI-related contract disputes involving child models, who has filed complaints under New York law on behalf of families I represent, and who has been watching this legislative landscape closely because it directly affects the children in my agency.
What follows is my understanding of the relevant law based on that experience. If you have a specific legal situation, you need an attorney. But understanding what the law says is the first step to knowing when you need one.
The New York Fashion Workers Act
New York enacted the Fashion Workers Act, which added significant protections for models working in the state. Among the most significant provisions is the requirement around digital replicas — specifically, that a model's digital likeness cannot be used to create a replica of them without a separate, written contract that explicitly addresses that use and provides additional compensation.
This is codified under New York Arts and Cultural Affairs Law Section 35.03 and related provisions. The law defines a digital replica as a computer-generated, digital, electronic, or AI-generated depiction of a real person's likeness that is realistic enough to be mistaken for the actual person.
For child models specifically, this matters enormously. Because children cannot legally enter into contracts themselves, their parents sign on their behalf. The law requires that any use of a digital replica must be explicitly authorized in a separate written agreement — meaning the original modeling release is not sufficient to cover AI use of the child's likeness, even if the language is broad.
What the law requires in practice
Under the New York Fashion Workers Act, any use of a model's digital replica requires:
- A separate written contract specifically addressing the digital replica use
- Clear description of how the replica will be used, where, and for how long
- Separate compensation for the replica use, distinct from the original booking fee
- For minors, written consent from the parent or legal guardian
What this means practically: if a brand used your child's image from a shoot to create an AI-altered version of them — changing their appearance, placing them in a different context, or generating derivative content — without a separate written agreement and additional compensation, they have potentially violated New York law.
Important caveat
The law applies to work performed in New York or under New York jurisdiction. If your child's agency is based in New York or the brand is a New York entity, this law is likely relevant to your situation. If you are in a different state, the protections may be different or may not exist at all. This is one reason the state you are working in matters significantly.
Where the gaps are
The law is meaningful but it is not complete protection. There are several areas where the gaps are significant.
First, enforcement is not automatic. The law does not prevent violations from happening — it gives you legal recourse after they occur. That means you have to know a violation happened, be able to prove it, and be willing to pursue it. For most families, that is a high bar.
Second, the law is only as strong as the contracts that precede it. If your child signed a release with language that is ambiguous about digital use, the question of whether the law applies to a specific situation may not be clear-cut. Broad language in old contracts creates genuine legal uncertainty.
Third, AI is moving faster than legislation. The law addresses digital replicas as currently understood, but the technology is evolving in ways that may create new forms of likeness use that existing legislation does not clearly cover. This is an area that will continue to develop.
What this means for families outside New York
If you are not in New York, the picture is more complicated. Most states do not yet have equivalent legislation specifically addressing AI and digital replicas in the modeling context. Some states have right of publicity laws that provide partial protection, but the coverage varies significantly.
What you can do regardless of your state is ensure that any contract your child signs going forward explicitly addresses AI, digital replicas, and synthetic likeness — prohibiting these uses without separate written consent and compensation. That contractual protection exists independently of what any individual state law does or does not cover.
The broader legislative landscape is shifting. Several states are actively working on legislation in this area. But until those laws exist, your best protection is in the contract itself.