In March 2024, the Levi's brand announced its partnership with Lalaland.ai, a platform that proposes to generate artificial models to appear on the brands' e-commerce site.

In its press release, the Levi's brand said that using AI-generated models could “help us publish a large number of images of our products more quickly across a range of different body types.”

In addition to the argument of the diversity of models, the costs associated with the purchase or rental of artificial models are drastically reduced, compared to those associated with the provision of human models, including the purchase or rental of their image rights.

What is the legal situation?

Legal issues of artificial manikins

Contracts and artificial models: rethinking the value chain

The rental or sale of artificial models cannot be considered on the model of contractual arrangements relating to human models - in particular because an artificial mannequin does not benefit from protection by an image right. The traditional value chain therefore needs to be revisited. It is crucial to draft specific contracts that take into account the particularities of artificial models, including the rights to use the images generated, the conditions of distribution, and the responsibilities in the event of disputes.

Practical advice:

Drafting tailor-made contracts: Make sure your contracts cover all the specifics associated with artificial models, including the rights to use the images and the obligations of each party.

‍General Terms and Conditions of Sale (CGV) : include specific clauses concerning the use of artificial manikins in your terms and conditions to avoid any ambiguity.

Image rights and intellectual property

We are in the middle of a legal saga concerning generative AI training data. For models, we are not talking about copyright but mainly about image rights and the protection of personal data. The use of a person's image cannot be done without an ad hoc agreement. However, generative AI models that propose to generate artificial models have necessarily been trained using human models, so there is a real risk of litigation in this sector.

Practical advice:

Analysis of the legal context : stay informed of legislative and jurisprudential developments concerning the legal status of artificial models and the use of data for AI training.

‍Drafting consent clauses : integrate explicit consent clauses (“opt-in”) relating to the training of generative AI systems into your contracts with your human models in order to prevent disputes.

For any legal questions regarding the use of artificial manikins, contact the firm. Together, we can secure your projects and anticipate legal developments for the serene management of your AI innovations.

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