Model Consent for Content Distribution
The fashion industry is one of the most lucrative industries globally, generating an estimated $1.2 trillion in revenue annually. It involves numerous actors and stakeholders who collaborate to produce and distribute content featuring the latest fashion trends. One such actor is models who play a crucial role in conveying brand messages to consumers through various channels, including social media, print adverts, and television commercials.
Despite their centrality to this multibillion-dollar industry, models are often neglected when it comes to protecting their rights. This lack of consideration has led to several scandals whereby models have been exploited due to the absence of explicit consent for all uses of their images. In recent years, however, the importance of model consent has gained prominence, prompting many content creators to adopt model consent practices that safeguard models' rights and foster trust. This practice entails ensuring that models sign written agreements outlining how their images will be used and distributed digitally and physically.
The Model Alliance Initiative launched in 2014 as an advocacy organization whose mission is to promote labor standards in the fashion industry. The group seeks to establish ethical practices by educating models about their rights and empowering them to negotiate better working conditions. As part of its mandate, the Model Alliance Initiative recommends that all parties involved in creating or distributing content agree on the terms and conditions of use beforehand. This agreement covers areas such as image distribution, promotional activities, exclusivity clauses, payment modalities, and duration of engagements. By doing so, both models and content creators can avoid disputes later because they already know what is expected from each other during production or post-production.
Model consent also protects models against unauthorized sharing of their images online, which may lead to loss of income. Models must explicitly state how their images can be shared on digital platforms like social media and websites.
If a model allows only one image per week to be posted on Facebook, it would violate this condition to share more than one image within a day without permission. Similarly, when hiring new models for content creation, agencies should ensure that they have signed explicit consent forms stipulating how their images will be distributed. This process prevents cases whereby models are exploited by unscrupulous individuals who may misuse their images without compensation.
The adoption of model consent practices has been challenged by some players in the fashion industry who argue that it undermines freedom of expression.
This argument does not hold water since most models today are professional actors whose primary occupation is acting and posing for pictures. Hence, there is no reason why their rights should be disregarded simply because they take up modeling as a side job.
Model consent practices benefit all stakeholders, including brands, designers, photographers, editors, and consumers. First, brands gain peace of mind knowing that models' images are not being used illegally, reducing legal liabilities associated with copyright infringement claims. Secondly, editors and producers enjoy an enhanced reputation by demonstrating respect for models' rights, thereby promoting trust between them and their clients. Lastly, consumers get high-quality products from brands that treat models well because happy models tend to produce better results.
Model consent plays a critical role in safeguarding models' rights and fostering trust among all parties involved in creating or distributing fashion content. By signing written agreements outlining the terms and conditions of use beforehand, everyone benefits from transparency, accountability, and efficiency during production or post-production. Therefore, content creators must adopt these best practices to prevent disputes and ensure sustainable growth within the industry.