Coco Rocha and Employment Law Issues in Fashion

The internet is buzzing with model Coco Rocha's stance against her cover for Elle Brazil after they decided to photoshop to make her appear slightly nude despite the no nudity clause in her contract.

She took to her blog and released the following statement:

"As a high fashion model I have long had a policy of no nudity or partial nudity in my photoshoots. For my recent Elle Brazil cover shoot I wore a body suit under a sheer dress, but recently discovered that the body suit was Photoshopped out to give the impression that I am showing much more skin than I actually was or am comfortable with. This was specifically against my expressed verbal and written direction. I’m extremely disappointed that my wishes and contract were ignored. I strongly believe every model has a right to set rules for how she is portrayed and for me these rules were clearly circumvented."

While photoshop may be commonplace in the editorial covers and spreads of fashion magazines, the significance of Coco's stance is that it touches upon the violation of her contractual rights. While a lot of fashion law is consumed with intellectual property issues, the employment law issues pertaining to models have also become a hot topic.

As glamorous as models' lives may appear, they often find themselves in compromising situations that have long been accepted by the industry as the "dark" side of fashion with no legal remedy. These issues range from child labor law violations for underage models, to models' images being exploited by advertisers without permission or compensation, to modeling agencies requiring their models to pay for their own travels and not providing them with proper healthcare when needed, to sexual harassment on the set of photoshoots. But it is the lack of regulation that has created this dark side of fashion.

For example, when models join an agency, they are signed on as independent contractors. As a result, many of the employment laws that protect employees and leave the employer assuming liabilities are rarely applicable to models. Clever legal loophole that has allowed many agencies to get away with illegal conduct, such as lack of financial transparency in models' contracts that leave many of them in debt.

The other reason is perhaps more a societal issue than legal. Why should we feel bad for a model if their picture is used in an advertising campaign that they never agreed to or received compensation for? They're beautiful and don't have real problems, right?

While models may provoke a range of reactions and issues, the law is the law and should protect everyone. If a contract has an express no nudity provision and has been accepted by both parties, violation of their terms is a breach of contract that can result in a lawsuit and monetary damages. 

It's no coincidence that Coco Rocha has taken this stance given her position on the Advisory Board of the Model Alliance. The non-profit organization was founded by model Sara Ziff with the support of fellow models and the Fashion Law Institute. The Model Alliance provides a platform for models and leaders in the fashion industry to organize to radically improve the conditions under which models work. 

Coco Rocha and Sara Ziff

With the launch of the Model Alliance in February 2012, TFG has no doubt that these employment law issues will be properly underscored and over time will pave the way for necessary regulation. To learn more, check out this fascinating CBS interview with Sara Ziff and Susan Scafidi on the Model Alliance.