Model sues Victoria’s Secret for using too much of her face in an Instagram ad

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A model has sued Victoria’s Secret, claiming the company used too much of her face in an Instagram ad for perfume without permission and additional compensation.

Sydney Roper, who has modeled for Peter Millar’s G/FORE golf apparel brand for about six years, alleges in a lawsuit filed in federal court in California Tuesday that Victoria’s Secret used her “recognizable likeness” in the ad “to attract consumer attention and promote purchases.”

Despite the company purchasing only an “unrecognizable parts-model appearance,” in which less than 30 percent of Roper’s face would be shown, about 95 percent of her face appeared in the ad, according to the lawsuit obtained by The Independent.

When Roper’s agency demanded an extra $3,000, including a $500 agency fee, for using more of her face in the ad, Victoria’s Secret “did not respond, removed the linked advertisement, and offered no apology,” the lawsuit read.

“Taking an advertisement down does not pay the model for the use already made,” Roper’s lawyers wrote in the complaint.

A model has sued Victoria’s Secret, claiming the company used too much of her face in an Instagram ad for perfume without permission and additional compensation (Getty Images)

The complaint stems from a perfume ad that was part of Victoria’s Secret Joyride campaign that rolled out this summer.

Roper’s agency agreed to a four-hour modeling shoot for the campaign on April 3 in exchange for $1,000 plus a 20 percent agency fee, according to the lawsuit.

A company representative allegedly confirmed to Roper’s agency in an email that “all will remain unrecognizable” and said that only part of her face, including her nose and lips, would be shown, along with her hands and an arm.

The company agreed to only show less than 30 percent of Sydney Roper’s face, but about 95 percent of her face was in the ad, according to the lawsuit (Getty Images)

But, according to Roper’s estimate, about 95 percent of her face was allegedly shown in the ad. “Her visible eye, nose, lips, and facial features made her recognizable notwithstanding partial shadow,” the lawsuit read.

The Independent has reached out to Victoria’s Secret for comment.

Roper is now seeking “accountability for the unauthorized commercial use of her likeness and the breach of the negotiated restrictions,” the lawsuit claims.

The lawsuit requests an unspecified amount of damages, profits attributable to the “unauthorized use” of Roper’s likeness and attorneys’ fees.