Generative AI in fashion design creation: a copyright analysis of AI-assisted designs – Journal of Intellectual Property Law & Practice

‘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.’

Link: https://academic.oup.com/jiplp/advance-article/doi/10.1093/jiplp/jpaf045/8232563