How are you handling AI as a model?

Your likeness is your brand.

With all the AI tools out today, how do you protect your likeness? These days, a random, harmless iPhone snapshot from a friend can turn into multiple images you never posed for and/or a movie starring YOU!

Now, what if you are working with a photographer who now has hundreds of raw high-resolution images of you? Are you protected?

Models, to protect your likeness from unauthorized artificial intelligence (AI) exploitation, editorial models signing a Model Release in Maryland must move beyond traditional likeness clauses and include explicit, specialized AI-restrictive covenants.

Standard older model releases grant broad rights to "reproduce, alter, and distribute" images. In the generative AI era, these phrases can be weaponized to legally train AI models, swap faces, or generate entirely new synthetic campaigns without additional pay. 

Furthermore, under Maryland law (including House Bill 184 / Senate Bill 8 effective October 1, 2026), using AI or deepfakes to impersonate someone without consent to cause economic or reputational harm is a felony and grounds for a civil lawsuit. Having a bulletproof contract ensures there is clear, written evidence that no consent was given. 

An AI-protective editorial model release should contain the following clustered, precise terms: 

1. Absolute Prohibition of AI Training and Machine Learning

• No Generative AI Training: Explicitly ban the use of any session photos, videos, or raw data to train, fine-tune, or test artificial intelligence, machine learning algorithms, deep learning systems, or neural networks. 

• No Data Scraping: Prohibit the photographer, client, or any third-party sub-licensee from uploading the images into scraping databases or public AI generators (like Midjourney or Stable Diffusion). 

2. Restriction of Digital Replicas and Face Swapping

• No Synthetic Performer Creation: Explicitly bar the creation of a "digital replica," "digital twin," or "synthetic performer" based on the model’s facial geometry, voice, or physical likeness. 

• Face-Swap and Generative Manipulation Ban: State that while standard editorial color correction or basic retouching is allowed, the client cannot use generative AI tools to alter garments, modify expressions, or swap the model's face onto another body without separate written consent. 

3. Clear Ownership of Biometric and Facial Data

• Biometric Data Ownership: State that the model retains all rights to their unique biometric identifiers and facial geometry.

• No Biometric Processing: Expressly state that the release does not grant permission to scan or map the model's face for data-handling or machine-learning purposes. 

4. Explicit Scope of Use & Mandatory Revocation

• Strict "As-Shot" Intent: Limit the license strictly to the physical or digital publication of the photographs exactly as captured during the session.

• Post-Termination Deletion: Ensure that if the contract or usage license expires, the client must remove the files from all operational servers to prevent automated backend AI harvesting. 

5. Governing Law and Remedies

• Maryland Jurisdiction: Specify that the contract is governed by the laws of the State of Maryland.

• Breach Definition: Explicitly define any unauthorized AI use of the model's likeness as a material breach of contract, entitling the model to immediate injunctive relief, statutory damages, and the removal of the AI assets. 

  
  

So, make sure you have included AI-Restrictive clauses in your model release.

For example:

ADDENDUM: ARTIFICIAL INTELLIGENCE AND DIGITAL REPLICA PROHIBITION

1. PROHIBITION OF ARTIFICIAL INTELLIGENCE (AI) AND MACHINE LEARNING USE. Except as expressly permitted for standard, non-generative digital retouching (e.g., color correction, blemish removal), the Client, Photographer, and any authorized third-party sub-licensees are strictly prohibited from using, uploading, submitting, or making available any photographs, video, audio, or biometric data captured during the session (collectively, the "Media") for the purpose of training, fine-tuning, testing, or validating any artificial intelligence, machine learning, deep learning, neural network, or generative AI systems, including but not limited to text-to-image or image-to-image models.

   
   

2. RESTRICTION ON DIGITAL REPLICAS AND SYNTHETIC PERFORMANCE. The rights granted under this Release do not include the right to create, simulate, or exploit a "digital replica," "digital twin," virtual avatar, or synthetic performer of the Model. The Client shall not use generative AI, deepfake technology, or face-swapping software to alter the Model’s facial geometry, expressions, body shape, or identity, nor shall the Client superimpose the Model’s likeness onto another body, setting, or garment without a separate, written, and mutually executed licensing agreement.

   
   

3. OWNERSHIP AND PROTECTION OF BIOMETRIC DATA. The Model retains all rights, titles, and interests in and to their personal identity, likeness, and unique biometric identifiers (including facial geometry and voiceprints). The Media shall not be subjected to biometric scanning, mapping, data harvesting, or data scraping.

   
   

4. GOVERNING LAW, JURISDICTION, AND REMEDIES. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Maryland, without regard to its conflict of law principles. The parties agree that any unauthorized use of the Media in violation of this Addendum constitutes a material breach of contract, causing irreparable harm for which monetary damages alone may be inadequate. In the event of a breach, the Model shall be entitled to seek immediate injunctive relief, specific performance, and full indemnification for all legal fees, alongside any civil remedies available under Maryland law.

   
   

I hope this helps you create your model release as we navigate the world of AI.