H&M’s Digital Twins: Legal Rights or Digital Wrongs?
H&M’s latest move into artificial intelligence is making waves in the fashion industry. The high-street giant plans to create digital twins of thirty models this year - AI-generated replicas so realistic that even the model’s family cannot tell the difference. According to reports from Business of Fashion, CNN and The New York Times, these digital doubles will be used for everything from marking campaigns to social-media and e-commerce content.
Sounds exciting right? Well, what does this actually mean for the models involved, and are their legal rights truly being protected?
H&M claims that the models will retain ownership of their digital twins and can license them not only to H&M but even to its competitors. It all sounds very progressive, but the reality is far more complicated. Ownership in a legal sense isn’t just a matter of saying you own something — it must be clearly defined and enforceable through contract law or statutory rights, such as image or publicity rights. And when it comes to AI-generated likenesses, the legal landscape is anything but straightforward.
If you’re a model, or in fact any creative working in the fashion industry, you need to know what to look for in your contracts. Whilst H&M’s approach might seem like a step forward, there are some very real legal risks to consider. If you’re not careful, what looks like an exciting new opportunity could end up being challenging to enforce.
Here’s what you need to know to protect yourself.
What are they doing?
H&M is working directly with models and their agencies to produce “digital twins” i.e. AI-generated replicas of the models that are virtually indistinguishable from the real thing. Essentially, these digital twins are hyper-realistic digital versions of the models, created through sophisticated AI technology that captures their appearance, mannerisms, and even their movement patterns. H&M intends to use these digital doubles for marketing campaigns, social media posts, and e-commerce imagery, promising that the models themselves will retain ownership of their digital replicas.
H&M has stated that it will watermark images to indicate when they are AI-generated, ostensibly to maintain transparency with consumers. But what really sets this initiative apart is the promise that models will own their digital twins outright, allowing them to license their likenesses to other brands, and even H&M’s direct competitors.
Whilst this sounds very progressive and forward-thinking, like so much in the rapidly evolving world of AI, the devil is in the detail. H&M acknowledges that it’s still figuring out the finer points, and while the brand may have the best of intentions, there are significant legal questions that models need to consider before signing anything.
Why this matters legally
This approach from H&M undeniably offers exciting commercial opportunities, but it also raises a host of complex legal issues that models need to carefully consider. As the BBC notes, AI-generated models and virtual influencers are already a growing trend, but H&M’s approach is distinctive in offering models direct ownership over their digital twins. Yet, the practical application of this ownership is far from straightforward.
While H&M has publicly stated that models will retain ownership of their digital twins, this concept only holds weight if it’s properly reflected in the contractual framework. Without clear contractual terms, models’ ownership rights could be undermined by vague language or gaps in legal protection. So, what should models be looking for?
1. Ownership and control of likeness
H&M’s promise of ownership sounds great, but what does it actually mean in practice? Ownership of one’s image or likeness isn’t something that is automatically protected under copyright law in many jurisdictions . Instead, it typically falls under the broader concept of image or publicity rights, which can vary greatly from one country to another. In the United States, for example, the right to control and profit from your likeness is protected under publicity rights — but that’s not the case everywhere.
Models should ensure their contracts explicitly grant them:
Full control over where and how their digital twin is used, including the ability to approve or deny specific uses.
Rights to dictate how their digital likeness can be edited, styled, or modified.
The right to withdraw permission and remove their digital twin from circulation if necessary.
Provisions that prevent unauthorised use, modification, or resale of their digital likeness.
Consideration of registering their digital likeness or signature elements (such as a distinctive pose or name) as a trademark, where applicable, to enhance protection — though this may be more feasible for high-profile models.
2. Content, scope and limitations
The New York Fashion Workers Act, which takes effect on June 19, 2025, has introduced much-needed protections against the exploitation of digital replicas. This legislation requires model agencies to obtain explicit, written consent from models for the use of their digital twins. This consent must detail the scope, purpose, duration, and rate of pay for any intended use, and must be obtained separately from broader representation agreements.
While this law is a positive step forward, it’s worth noting that it only applies to New York. Elsewhere, models could find themselves far less protected, especially in jurisdictions where publicity rights are weak or non-existent.
Models should make sure their contracts cover:
The specific purposes for which their digital twin may be used, whether for social media marketing, e-commerce, advertising, or anything else.
Whether their likeness can be licensed to third parties, including competitors of H&M.
Clear approval rights, allowing them to refuse uses that could damage their reputation or breach their personal values.
A requirement for ongoing consent, which is particularly important if AI is used to modify or adapt their likeness over time..
3. Compensation that matches value
If H&M’s initiative becomes mainstream, it could dramatically reduce the need for traditional photoshoots. This might sound efficient from a business perspective, but it’s vital to ensure that models aren’t left worse off. According to Business of Fashion, H&M envisions scenarios where a model’s digital twin could be used across multiple campaigns, simultaneously, in various countries. So, how should compensation work in this context?
Models should consider:
Usage-based payment models, similar to licensing fees or royalties, rather than a single upfront payment.
Clear contractual terms specifying compensation for different types of use - whether that’s for marketing campaigns, social media, product launches, or something else entirely.
Ensuring payment is calculated based on the reach and scope of the use, rather than just the initial creation of the digital twin.
Including clauses that allow for renegotiation if their digital twin becomes particularly valuable.
The Impact on Other Creative Industries
It’s not just models who need to be concerned about H&M’s AI-driven initiative. The rise of digital twins could have far-reaching implications for other creatives within the fashion industry, including makeup artists, stylists, photographers, hair artists, and production crews, to name a few. Traditionally, these professionals would contribute their creative skills on set to bring a campaign to life. However, if brands increasingly rely on AI-generated content, the demand for their services could decline significantly. For example, we could see a shoot with a digital twin produced, styled, and photographed, entirely by AI, cutting out entire creative teams in the process.
The concern is that brands looking to cut costs may favour AI-generated content over traditional shoots, leaving many creatives with reduced work opportunities. Contracts for creatives will need to evolve, ensuring their contributions are recognised, compensated, and protected, even when their work is adapted for AI purposes. Ethical guidelines and fair compensation models will be crucial as the industry continues to shift towards AI-generated content.
How Franken Law can Help
At Franken Law, we protect creatives and models navigating the complex legal landscape where AI technology meets intellectual property and contractual rights. Whether you’re a model, photographer, stylist, or makeup artist, we can ensure your contributions are properly recognised and respected.
From establishing robust ownership rights over your digital likeness to negotiating usage-based compensation models and ensuring your agreements reflect the true value of your creative work, we provide tailored, strategic advice that safeguards your interests.
As AI technology continues to reshape the industry, the legal framework needs to keep pace. At Franken Law, we help you stay ahead of these changes, ensuring your rights are not only recognised but fully protected.
📩 Get in touch today → Info@FrankenLaw.com
This article is for informational purposes only and does not constitute legal advice. If you're negotiating a contract involving AI-generated likeness, seek legal advice tailored to your specific situation.
