It’s Attack of the Clones!
A model from New York City has claimed that an AI-generated version of herself was used in an advertising campaign without her permission, according to a lawsuit filed in New York Supreme Court on May 22.
Francesca Pujols participated in a photoshoot for Rainbow USA after signing a contract with the fashion retailer in September 2024, a contract that reportedly ended on March 15. During the shoot, she posed against a simple white backdrop, displaying various facial expressions.
However, the lawsuit alleges that the resulting advertisement was significantly altered, featuring AI-generated depictions of Pujols in sexually suggestive poses and settings.
Pujols, who is 28 years old and has walked the runway at New York Swim Week as well as featured on the cover of Vigor, a Canadian fashion magazine, asserted that the ad was released after her contractual agreement had expired.
One of the images allegedly shows the AI version of Pujols in light brown skirts and dark crop tops, lying on another woman’s lap while holding cocktails. In another, the clone is seen sitting on a bar stool, wearing a mini denim skirt and a white top, with a drink in one hand and a camera in the other.
The lawsuit contends that the “crudeness” of these images damaged Pujols’ reputation as a luxury model.
While her contract permitted Rainbow to make minor changes like cropping, it did not allow for the creation of new images.
Pujols claimed that after her contract ended, she did not authorize any use of her name, likeness, or images, including AI-generated renditions. She supposedly sent a cease-and-desist letter to Rainbow in March, yet the company continued using the images in digital ads and stores.
The lawsuit describes how Rainbow’s actions have affected Pujols, who has appeared in the Amazon Prime series “Hood Deals” and the film “What Happened at 625 River Road.” She has missed out on potential licensing fees, and her professional image has taken a hit, according to the complaint.
Pujols is seeking a jury trial against Rainbow for several charges, including defamation and violations of the New York Privacy Rights Act, which protects individuals from the misuse of their likeness in advertising.
Rainbow has strongly denied any wrongdoing, stating that they are using the images correctly and are not violating her rights.
Pujols withdrew her lawsuit on Friday and declined to comment when reached. It remains unclear if a settlement has been reached, though her attorney has indicated that both parties are aiming to resolve the issue privately.
Experts note that incidents like Pujols’ highlight a broader issue within the modeling industry, as AI technology continues to evolve. Joshua R. Bressler, a lawyer specializing in intellectual property, mentioned that navigating these problems is increasingly challenging.
In response to similar concerns, the modeling advocacy group Modeling Alliance has backed the New York Fashion Workers Act, which aims to tighten consent requirements and give models greater control over their likeness in the age of AI.
The upcoming law mandates written consent from models before their digital replicas can be produced by agencies or companies. Attorney Anthony Lupo has stated that AI could soon take over modeling roles, particularly in fast fashion, where brand loyalty toward models is often minimal.
However, he believes that established supermodels and high-budget fashion shows will always have a place in the industry. Still, he warns that it may be increasingly difficult for less-known models to sustain a living through modeling alone.
