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AI models in advertising: Creativity without boundaries or a non-appealable lawsuit?

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The fashion industry is increasingly incorporating digital models into marketing campaigns:

Gucci (2026): In the Primavera campaign, Demna Gvasalia used fully AI-generated images, effectively blurring the line between reality and code.

Guess (2025): In the US edition of Vogue, the brand ran a disclaimer: "Seraphinne Vallora on AI" – marking the first time an AI model appeared in the magazine's print edition.

Balmain (2024): The brand promoted its summer collection using Shudu – one of the digital models in the "Balmain Army", which also includes Margot and Zhi.

What if an AI generates a "Lookalike" model?

If an algorithm creates a face that resembles a real person, even without direct copying, the brand still enters a zone of legal risk.

In the absence of specific regulation in Russia, general legal provisions apply:

Protection of a citizen's image (Article 152.1 of the Civil Code of the Russian Federation): "consent is required if the sole purpose of disclosing and using a person's image is ... to generate profit" (position of the Supreme Court of the Russian Federation).

Misleading advertising (paragraph 10, part 3, Article 5 of Federal Law No. 38-FZ): if the use of a "lookalike" creates the impression that a real person endorses the product, when in fact they do not, this constitutes a violation.

Personal data (Article 9 of Federal Law No. 152-FZ): if an AI generates an image associated with a specific individual, this may be considered processing of personal data without the individual's consent.

Recommendations for brands

When creating new visual materials using images of a model from previous shoots, it is important to:

(a) label AI-generated content (as Guess did in Vogue);

(b) include in the Model Release the right to AI use, including the generation of new images;

(c) provide for additional remuneration (AI constitutes a separate means of commercial use of a person's image).

Originality matters, but legal clarity is critical.

(Image: Balmain / Balmain Army (Margot, Shudu and Zhi). All rights belong to the rights holder).