Fashion Models
Fashion models are specializes in promoting of clothing and accessories to fashion buyers, customers through several media. Fashion models are showing items in fashion shows, or in photographs for catalogues, magazines, newspapers and advertising campaigns. Fashion models have become very influential within the world of fashion, but their relevance from an artistic or commercial point of view has not been matched by legal regulation, considering the impact that models have on the fashion world and relating media. As a consequence fashion models in many jurisdictions have been (and still are) ignored by intellectual property legislation, leading to a legal vacuum that is damaging for all those involved in the world of fashion.
Top fashion models generate considerable economic benefits, and because of their performances they can be compared to popular artists, actors and sport figures.
Fashion models are promoting clothing and accessories in several ways. Among others by means of:
- photographic, advertising and TV commercials;
- fashion and catwalk;
- in-house live modeling for designers and clothing wholesalers;
- promotional modeling (demonstrating non-fashion items at product launches and trade fairs); and
- alternative modeling by means of showing piercings, tattoo, an edgy, diverse look.
If it regards fashion show modeling the fashion models are walking along a catwalk, turning to display clothes in front of an audience.
In photographic, advertising and commercial modeling models would:
- pose for photographers in a studio or on location;
- take directions from photographers; and
- act or deliver lines in TV commercials.
Fashion models and image rights
Fashion Models are earning most of their income by means of live modeling. This is the so called: “Direct Modeling Income”. However now days a great part of the income of successful Fashion Models is earned from endorsement deals. The payment for these deals will be based on the licensing of the image rights of the Fashion Model. This is called the “Indirect Modeling Income”. The Indirect Modeling Income has the ability to continue long after the Direct Modeling Income ceases. Therefore it is of importance to create a strategy how to manage the image rights of a Fashion Model for a long period. Due to the increasing complexity of image rights deals and licensing processes expert guidance is required to achieve satisfying results.
For the purposes of licensing of image rights it is of importance to have the image rights correctly registered and protected. Most jurisdictions are not providing clear and efficient manners to register image rights based on their legislation. Even when the Fashion Model has established an image rights company if the management and legal property of the underlying image rights - in the name of the image right company - is not legally correctly structured there might be significant repercussions at a later date. Such including adverse tax consequences.
As of 2012 Guernsey introduced the world’s first register able image right which gives the ability to register, protect and license image rights. This register is now day’s used by individuals who have in common an ability to generate significant wealth from the use of their image in conjunction or quite apart from what they might do for their day job.
The Guernsey Image Right allows personalities to register their images, videos, nicknames, mannerisms and any distinctive characteristics that identify them. These rights are registered on the register and can include all of those features that are so difficult to define in a Fashion Model’s endorsement, sponsoring or merchandising contract. Consequently vague definitions for gestures and mannerism of the Fashion Models can be avoided and now days be clearly defined in the contracts. A clear registration of image rights provides not only the advantage of clarity it is also of importance for succession planning, wealth management and potential enforcement.
Services
We are offering the following services to achieve tax neutral Indirect Modeling Income for Fashion Models:
registration of Fashion Models their images in the Guernsey Image Rights register;
drafting of endorsement, sponsoring and or merchandise agreements for Fashion Models; and
setting up of licensing companies to achieve asset protection and tax neutral exploitation of registered image rights of Fashion Models.
Please contact us to apply for our services.