What is an ethical modeling agency? Models' labour rights and the questions to ask
The faces in fashion campaigns belong to workers. Models are often young, frequently far from home, usually classed as independent contractors and dependent on an agency that both finds their work and handles their money. That combination has made the industry prone to abuse. An ethical modeling agency is one that treats models as clients it serves, not as stock it manages.
Where the problems come from
Model management companies usually act as intermediaries: they find bookings, negotiate fees, invoice clients, collect payment and pass it on, minus commission and expenses. They often advance money for travel, accommodation, test shoots and portfolios. This structure creates several recurring risks:
- Debt. Advances for flights, shared "model apartments" and promotional materials can be deducted from future earnings, sometimes leaving new models owing money to their agency.
- Late or opaque payment. Because the agency collects the client's payment, models may wait months to be paid and may not see the original invoice.
- High deductions. Commissions on the model's side, plus fees and expenses that were never itemised, can take a large share of a fee.
- Unpaid work. Shows and editorials paid "in trade", that is in clothes or exposure, are common at the start of a career.
- Harassment and unsafe sets. Long hours, no breaks, pressure to undress, and no clear person to report to.
- Pressure on bodies. Demands to lose weight or change appearance, with real risks of eating disorders, especially for very young models.
- Digital replicas. Scans and AI-generated likenesses that can be used, altered or reused without clear consent or payment.
The law is catching up
New York's Fashion Workers Act
New York State's Fashion Workers Act created a set of duties for model management companies and their clients, with most provisions effective from 19 June 2025 and a registration requirement for agencies from 21 December 2025. According to the New York State Department of Labor, model management companies must, among other things:
| Area | Rule |
|---|---|
| Good faith | Act in the best interest of the models they represent, with honesty and integrity |
| Fees | No deposit or fee for signing a model |
| Commission | No commission above 20% of a model's total pay |
| Deductions | No deductions for fees or expenses not agreed in writing and itemised |
| Contracts | Representation agreements no longer than three years; no renewal without the model's written approval |
| Transparency | A deal memo before work begins stating pay and payment terms; disclosure of any financial relationship with the client |
| Digital replicas | Separate, clear written consent before creating or using a digital replica, stating scope, purpose, pay and duration |
| Harassment | A written anti-abuse and anti-harassment policy shared with models |
Clients have duties too: overtime at one and a half times the contracted hourly rate beyond eight hours in a 24-hour period, a meal break of at least 30 minutes for work over eight hours, a safe workplace, and allowing models to bring a representative.
France's health and retouching rules
France adopted rules in 2017 that require models to hold a medical certificate from an occupational physician confirming that their overall health, assessed with particular attention to body mass index, is compatible with the work. From 1 October 2017, commercial images in which a model's body shape has been altered by image-editing software must carry the words photographie retouchée ("retouched photograph").
What an ethical agency does
- Charges no signing fees and no compulsory paid training, test shoots or portfolio packages.
- Gives the model a copy of every booking agreement and client invoice, and pays promptly within a stated period.
- Itemises every deduction, and agrees advances in writing before money is spent.
- Keeps commission transparent, and within legal limits where they exist.
- Offers contracts of reasonable length, in a language the model understands, with a clear way to leave.
- Has a written harassment policy, a named person to report to, and acts on complaints.
- Protects minors: a parent or guardian present, school schedules respected, no late-night or overseas work without safeguards.
- Does not demand weight loss; supports health, and refers to medical professionals rather than giving diet instructions.
- Obtains specific, paid, time-limited consent for any digital scan or replica.
- Represents a range of ages, sizes and backgrounds, and does not tokenise them.
Questions a model, or a parent, can ask
- What will I owe you before I earn anything, and in what circumstances?
- How and when will I be paid, and will I see the client's invoice?
- What is your commission, and what other deductions can there be?
- How long is the contract, and how do I end it?
- Who do I call if something goes wrong on a set?
- How do you handle requests for scans, AI likenesses or nudity?
- Are you registered with the relevant authority, where registration is required?
Why it matters to everyone who buys clothes
Ethical fashion usually focuses on the people who sew garments. Models are a smaller workforce, but the same principles apply: transparency about money, safe workplaces, consent and a voice. Brands that claim to be ethical should apply those principles to everyone in the chain, including the people who appear in their images.
Behind every campaign image is a working day, and it should be a fair one.
Sources
- New York State Department of Labor, Fashion Workers Act, and Responsibilities of fashion management and clients.
- France: decree no. 2017-738 of 4 May 2017 on commercial photographs of models whose bodily appearance has been altered (in force 1 October 2017), summarised by CMS Francis Lefebvre; and article L. 7123-2-1 of the French Labour Code with the order of 4 May 2017 on the medical certificate required to work as a model.
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