Game On!: Supermodel Avatars Raise Interesting Questions
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| Source: Vogue official website |
The fashion industry has always embraced, albeit sometimes slowly, technological advances when it spots a great marketing opportunity. Last season's collections executed interesting ideas, aided by the power of technology. For one, Balmain arranged a digital front row where its A-list guests, including Anna Wintour, appeared on screens from their homes. So it shouldn't come as a surprise that we are now entering a brave new world: 3D supermodel avatars! A recent Vogue article reported on a new feature that has just been rolled out on Drest, an app-friendly video game. Its users dress models with designer clothes of their choosing, such as Loewe and Chloé, and earn "reputation points", which then allows them to assume the role of a creative director who can choose hair and makeup themes and, even locations. Now, the app is stepping up the game by introducing a roaster of supermodel avatars, including Natalia Vodianova and Irina Shayk. Lucy Yeomans, the former editor-in-chief of Harper's Bazaar UK who is the mastermind behind the game, showed her excitement for this latest feature, saying that "these women have shown us what it means to be a modern-day supermodel - to embrace technology, to use their voices to do good, and to continue to challenge issues and advocate for change." Yet, these hyperrealistic avatars may pose interesting questions for the industry in the eyes of the law.
For one, there's a potential issue with the right of publicity for models. Of course, Lucy Yeomans obtained the models' consent for this revolutionary project. Imaan Hammam, one of the featured models, commented cheerfully that "Lucy is someone close to my heart. It's great to have people like her in the fashion industry who are doing the right thing for the right reasons.", pointing to the fact that 5% of the revenue would later be donated to a charity. Having said that, she would definitely not be the first nor the last 3D avatar model in the industry. Laws in New York and California, where the bulk of modeling takes place, afford strong protections regarding a model's right of publicity. For example, New York Civil Rights Law Section 50 and 51 provide a statutory basis for claiming the right. Section 50 states that "a person, firm or corporation that uses for advertising purposes, or the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person is guilty of misdemeanor" with Section 51 giving teeth to the provision by availing a person who has a viable Section 50 claim to "maintain an equitable action in the Supreme Court of New York against the person, firm, or corporation" for an award of compensatory and punitive damages. The creation of avatars involves using hundreds of cameras to capture a model's likeness, so it would inextricably implicate the right of publicity.
In addition, it would be an interesting point of discussion to determine who owns the copyright in these avatars. The current copyright statute defines the author as "the creator of the original expression in a work." So should it be technicians behind their cameras who captured a real model's representative characteristics? Or should it be those who actually put them together to make the resulting avatar of the model? Perhaps, there can be multiple authors if there is a written agreement between the parties that expressly says so. Can a model claim his or her ownership interest, potentially as a co-author? If so, how should respective shares look like in light of fairness? Although I don't have definite answers to these questions, they are certainly worthy of debate, as this technology would be highly likely to be further enhanced and used in other settings as well.
Last but not least, the increasing presence of avatar models would have practical implications from the business perspective. Admittedly, since the COVID-19 pandemic started, a lot of brands rushed to solidify their digital platforms to drive up the declining sales since shutdown measures had been instituted to curb the spread. Even luxury brands with tremendous resources stayed away from staging a physical runway show, finding recourse in the digital format. Would avatars grow to a point where they saturate the market for real models? The technology might be a source of potential revenue streams for the e-commerce market (in my opinion, especially, those trading in beauty products). However, the industry has, time after time, showed its adherence to the traditional way of doing things, using the digital mostly as a complement. Just a couple of days ago, Chanel showcased its latest Métiers d'Art collection in a French castle featuring models with only Kristen Stewart present as its attendee. Although it's too premature to predict the future of avatar models, its success will be predicated upon finding the right channel - whether it be the e-commerce or the gaming industry. However, one thing is clear. Laws will be there to protect real models whom their avatars are "modeled" after when this technological breakthrough operates to work against their moral rights and commercial interests.
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