Design Rights
Attorney Specializing in Modeling Law – Contracts, Fees, and Image Rights for Models
The contract comes from the agency, and so do the terms. We'll read it before you sign—and get you out of it if you're already in.
Known from:
Background
Why Models Almost Always Have the Weaker Bargaining Position
Not because the law puts them at a disadvantage—but because the other side writes the contract.
When you work as a model, you usually sign documents drafted by someone else: the agency, the production company, or the client. These contracts aren’t malicious, but they’re one-sided. They carefully spell out what the other party gets, while leaving open what you get.
On top of that, there’s the time pressure. A booking is confirmed at the last minute, the deal memo arrives the night before, and you sign it on set between makeup and the first look. If you ask questions at that moment, you feel like you’re jeopardizing the job. That’s exactly how the process is designed.
And finally: what you’re handing over is exceptionally personal. It’s not a commodity or a service in the usual sense, but your face, your body, and, these days, your digital image as well. Once it’s out there, it’s very hard to take back.
Contracts
Three types of documents you should be able to tell apart
They are often mentioned in the same breath, but they govern completely different matters.
The Agency Agreement
Outline the terms of your long-term agreement: term, exclusivity, commission, termination, and, above all, the power of attorney that allows the agency to enter into contracts on your behalf. This is the contract with the most significant long-term implications—and the one that hardly anyone reads in its entirety.
The Deal Memo
The agreement for each individual job: fee, deadline, scope of use, territory, and campaign duration. In short, it’s often just one page—and that’s exactly why it’s dangerous, because far-reaching grants of rights can be hidden in a subordinate clause.
The Model Release
Your consent to allow the photos to be published. This isn't just a form you check off in passing; it's the actual transfer of rights. If you grant too broad a consent, your image will be permanently released for any and all purposes.
Contractual Clauses
Phrases You Should Ask About
On the left is what the contract often says, in these or similar words. On the right is what it means for you.
Covers any future use, including uses that do not yet exist. It makes sense to limit the license to specific media, a specific territory, and a specific term—any use beyond these limits will be subject to additional compensation.
Your photo could end up with photo agencies and be licensed for third-party campaigns. If the clause remains, it should at least include a requirement for your consent.
Broad authority means that contracts can be entered into and rights granted without consulting you. A requirement to consult you once a certain threshold is reached is common and negotiable.
Exclusivity isn't bad in and of itself, but it comes at a cost. The combination of a long term, automatic renewal, and a short notice period is problematic—it effectively ties you down indefinitely.
This opens the door to photo manipulation and AI-driven alterations. If you are depicted in a way that makes you unrecognizable or makes you feel belittled, that is no longer covered by a blanket clause.
This means you bear the agency's default risk. Fixed payment terms following the provision of services are standard. For international clients, it is also necessary to specify which law applies and where legal action will be taken.
"Received by the customer"
This means you bear the agency’s default risk. Fixed payment terms following the provision of services are standard. For international clients, it is also necessary to specify which law applies and where legal action will be taken.
Money
When the Paycheck Doesn't Come
The most common reason models call us.
Missed or late payments are common in the industry, and they almost always follow the same pattern: The client pays the agency, and the agency passes the payment along—eventually. Weeks or even months can pass in between, and there’s rarely anyone who follows up.
Legally, the situation is better than many assume. You have a claim under the contract, and that claim isn’t weakened by the fact that the agency hasn’t received its payment yet—unless the contract specifically states otherwise. That’s why this clause is so important.
What you need is documentation: a deal memo or booking confirmation, proof that you were on set, and the correspondence. This allows you to quantify and enforce your claim. And often, a letter from a lawyer is enough, because suddenly someone on the other side takes responsibility.
A second point that is often overlooked: If the campaign runs longer or in more countries than agreed upon, that constitutes use beyond the scope of the contract. You are entitled to additional compensation for this. No one will check this for you—you have to notice it yourself or have it verified.
Images and AI
Your Face as a Data Set
The issue that is currently transforming the industry the fastest.
Until recently, the issue of image rights ended with the publication of the photo. Now, it goes further: photos are used to train models, faces are superimposed onto other scenes, and digital doubles take the place of a second day of shooting. For clients, this means greater efficiency. For you, it means that your image continues to be used without you being booked.
A contract from before this era says nothing about any of this. And clauses such as “editing and modification permitted” or “for all known and unknown types of use” are often interpreted by the other party as covering these scenarios. That’s why this issue must be explicitly regulated today: whether AI processing is permitted, whether a digital double may be created, what it may be used for, and what it costs.
This must be distinguished from cases of misuse—when your face is superimposed onto third-party content without any basis. There are effective and swift remedies for this. The sooner action is taken, the better the chances of stopping the spread.
International
Der Fashion Workers Act in New York
Where the industry is headed—and why that matters for bookings from here, too.
New York has introduced mandatory standards for modeling agencies: written contracts, transparency in billing, deadlines for payments, and—particularly relevant—an explicit requirement for consent regarding the creation and use of digital images. This marks the first time there has been a legal response to the AI issue.
This is important to you for two reasons. Anyone who is booked internationally is subject to these rules as soon as New York is involved. And the standards established there are a strong argument in any contract negotiation here—they show that your demands aren’t unreasonable, but are already the law elsewhere.
Procedure
Here's How We'll Handle Your Case
Four steps—whether it's a contract, an outstanding payment, or a photo.
Review documents
Agency agreement, deal memo, release, correspondence. Even incomplete documents reveal a great deal about what was agreed upon.
Clarify the position
What are you entitled to, what have you given up, and which clauses won't hold up under scrutiny?
Negotiate
In most cases, you can achieve more out of court than you might think—precisely because it’s a small industry.
Enforce
If necessary, through the courts. In cases of unauthorized use of images, this may also involve summary proceedings, because every day counts in such cases.
Send us the contract as a PDF—we'll tell you what it really means.
For Agencies and Production Companies
We also work on the other side
And that makes the contracts we draft better for both sides.
Body of the Contract
Agency contracts, deal memos, and press releases that hold up—and don't fall apart the first time a lawyer reviews them.
Chain of Custody
Anyone in charge of a campaign needs a seamless chain of elements: model, photographer, makeup artist, location. If one link is missing, the campaign grinds to a halt.
AI Clauses
Digital representations require their own set of rules governing consent and compensation. Setting this up properly today will save you from disputes tomorrow.
What Our Clients Say
FAQs on Model Rights
Frequently Asked Questions About Model Rights
The questions we're asked most often by models, agencies, and production companies.
The photographer is the author of the image and holds the copyrights to it. At the same time, the model has what is known as the “right to one’s own image.” This means that even though the photographer took the image, it may only be published or distributed with the model’s consent. Both parties therefore need clear contractual provisions—for example, through a model release agreement.
The photographer holds the copyright to an image—he or she may decide how it is used. At the same time, the person depicted (e.g., a model) has the right to their own image. This means that even if the photographer is the copyright holder, the image may not be published or distributed without the consent of the person depicted. Both rights must be respected—ideally through a written contract.
The right to one’s own image generally applies in all cases, but there are exceptions (Section 23 of the German Art Copyright Act (KunstUrhG)). Consent is not required if:
the person is merely a background element in a landscape or other setting,
the persons depicted are figures of contemporary history (e.g., prominent public figures),
the image was taken at public gatherings, parades, or similar events,
the image serves a higher interest in art or journalism.
Nevertheless, the following applies: As soon as the legitimate interests of the person depicted are infringed, publication is not permitted even in these cases.
A TFP contract (“Time for Prints” or “Time for Pictures”) is a written agreement between a photographer and a model in which no payment is made. Instead of money, both parties receive the resulting photos for their own use, such as for a portfolio, social media, or a website.
Important: Even for a TFP shoot, it should be clearly stipulated
for what purposes and for how long the images may be used,
whether credit must be given,
and whether third-party publication is permitted.
A TFP contract provides legal protection for both parties—especially if disagreements arise later on.
Keep a record of the deal memo or booking confirmation, proof of service, and all correspondence. This will help you quantify the claim. In many cases, a letter from an attorney is sufficient. Also check whether the contract states that payment will be made only after the customer has received payment—this clause is at the heart of the problem.
Only if it has been agreed upon. General clauses regarding processing or unspecified types of use do not necessarily cover the creation of a digital double. Anyone entering into contracts today should explicitly address this issue—with a requirement for consent and separate compensation.
Generally speaking, yes. Use beyond the agreed-upon time period, territory, or media constitutes additional use and must therefore be compensated separately. This assumes that the original scope was clearly defined—another reason not to leave it open-ended.
Contracts and consents generally require the approval of both legal guardians. The rules regarding the protection of minors in the workplace also apply to the work itself. And when it comes to revealing photos, there is no room for negotiation—they are prohibited.