Generative AI in fashion design creation: a copyright analysis of AI-assisted designs
Abstract The growing use of generative artificial intelligence technology (gen-AI) technology in design creation offers valuable tool for increasing efficiency and for widening the creative perspectives of fashion designers. However, adopting AI tools in the fashion design process raises important copyright concerns, too. First, this article explores copyright implications from the use of gen-AI in fashion design creation, given that in-copyright content, including pre-existing original designs, can be part of the corpus of data mined for training gen-AI systems. In light of both UK and EU copyright law, the article analyses the circumstances under which the use of AI tools in new design generation can negate their originality as works of applied art under Infopaq and subsequent CJEU decisions, whilst enriching the discussion with elements of fashion theory. It further examines copyright infringement concerning AI-generated fashion design outputs, focusing
Abstract The growing use of generative artificial intelligence technology (gen-AI) technology in design creation offers valuable tool for increasing efficiency and for widening the creative perspectives of fashion designers. However, adopting AI tools in the fashion design process raises important copyright concerns, too. First, this article explores copyright implications from the use of gen-AI in fashion design creation, given that in-copyright content, including pre-existing original designs, can be part of the corpus of data mined for training gen-AI systems. In light of both UK and EU copyright law, the article analyses the circumstances under which the use of AI tools in new design generation can negate their originality as works of applied art under Infopaq and subsequent CJEU decisions, whilst enriching the discussion with elements of fashion theory. It further examines copyright infringement concerning AI-generated fashion design outputs, focusing on the right of reproduction under the InfoSoc Directive 2001/29/EC and the UK CDPA 1988, as well as transformative uses of AI-generated derivative designs. The article concludes that gen-AI can have a considerable impact for fostering fashion innovation. It argues that this technology can contribute to the creation of novel original works of fashion that could derive from a more diverse ‘pool’ of fashion archives and pre-existing designs as part of AI systems’ text-and-data mining.
Executive Summary
This article examines the copyright implications of using generative artificial intelligence (gen-AI) in fashion design creation. It analyzes the circumstances under which AI-generated designs may negate their originality and discusses copyright infringement concerns. The article concludes that gen-AI can foster fashion innovation by creating novel original works from a diverse pool of fashion archives and pre-existing designs. The use of gen-AI in fashion design raises important questions about copyright law and its application to AI-generated works.
Key Points
- ▸ Copyright implications of using gen-AI in fashion design creation
- ▸ Analysis of originality and copyright infringement concerns
- ▸ Potential of gen-AI to foster fashion innovation
Merits
Innovative Approach
The article provides a fresh perspective on the intersection of gen-AI and copyright law in the fashion industry.
Comprehensive Analysis
The article offers a thorough examination of the copyright implications of using gen-AI in fashion design creation.
Demerits
Limited Scope
The article primarily focuses on UK and EU copyright law, which may limit its applicability to other jurisdictions.
Lack of Practical Guidance
The article could benefit from more practical guidance on how fashion designers and companies can navigate the copyright implications of using gen-AI.
Expert Commentary
The article provides a timely and thought-provoking analysis of the copyright implications of using gen-AI in fashion design creation. As gen-AI continues to evolve and become more prevalent in the fashion industry, it is essential to consider the potential impact on copyright law and the creative process. The article's conclusion that gen-AI can foster fashion innovation by creating novel original works from a diverse pool of fashion archives and pre-existing designs highlights the exciting possibilities of this technology. However, it also underscores the need for careful consideration of the copyright implications and the potential need for revisions to existing laws and regulations.
Recommendations
- ✓ Fashion designers and companies should consult with intellectual property experts to ensure they are using gen-AI in compliance with copyright laws.
- ✓ Policymakers should consider revising copyright laws to address the unique challenges and opportunities presented by gen-AI in the fashion industry.