New Zealand clothing brand Huffer is facing growing scrutiny over allegations it used artificial intelligence to create campaign images of former models without their knowledge or consent.
Controversy was sparked by Auckland model Elijah Timmins-Scanlon, who posted a video on social media accusing the brand of using AI-generated figures.
Kiwi model says streetwear label will use her image in AI images – watch on TVNZ+
An Auckland model accused the brand of using AI-generated figures that were based on her and others who had previously worked with Huffer. (Source: 1News)
The video quickly gained traction online, garnering support from models, photographers and others in the creative industry.
Huffer’s managing director Kate Perry has repeatedly declined to directly answer whether the brand used images of real models to create AI-generated content.
Instead, he said Haffer used “computer-assisted technologies” throughout his business and that the company was comfortable with its principles and use of digital technology.
Timmins-Scanlon said she first became suspicious after seeing an Instagram ad for a model who looked just like her.
“I came across an ad for a film that looked just like me,” she told 1News.
“When I zoom in, it’s not me.”
She initially wondered if the figure was her brother, who also models for the brand, before deciding it was neither.
Do you know more? Email ed.o’driscoll@tvnz.co.nz
Timmins-Scanlon said Huffer blocked her on Instagram after raising concerns about the use of AI.
1 News spoke to another model, Akshay Raju, who had earlier worn the same clothes featured in the pictures in a Huffer photoshoot.
“The clothes these AI models are wearing are the same clothes I’m wearing, and then very similar poses and positions,” he said.
“It looks like a hybrid between me, Elijah, and a few others.”
Raju said he was never informed that AI could be used after the shooting.
“As far as I know, my agency contract requires disclosure of whether AI will be used, and I have certainly not been informed of this in any form.”
He said his concern is not the use of AI, but the lack of transparency in how it is being used.
Mandy Jacobsen of the Red11 agency, which represents Timmins-Scanlon, said using AI without consent is too complicated.
“Their appearance is their livelihood and they don’t want to see an image of themselves being used for things they don’t agree with,” she said.
Jacobsen said his company has already started conversations with brands about the future use of AI in campaigns.
“If a client wants to use AI, let’s have that conversation. But the model needs to know what’s going on, and they need to be compensated.”
The allegations highlight a growing legal gray area as AI-generated content becomes more widespread.
Caitlin Hadley, a solicitor specializing in entertainment and intellectual property disputes at Hudson Gavin Martin, said the law was still catching up in New Zealand.
“Transparency is key. Consent is key,” he told 1News.
Whether it’s illegal to use a model’s likeness without permission depends on a number of factors — particularly the contract between the model and the agency.
“The first thing lawyers look at is the contract,” he said.
“Does the model consent to future use of their image? Does the model consent to their image being used in this way?”
Beyond contract issues, Hadley said, there may also be questions under fair trade law if consumers are misled into believing a product when they don’t endorse it.
Potential copyright issues can also arise if existing photos are used to create AI-generated content without permission.
Unlike many jurisdictions in the United States, New Zealand currently does not have a separate legal right to prevent the commercial exploitation of a person’s likeness, Hadleigh said.
#Huffer #accused #reproduce #real #models #permission