The Impact of Artificial Intelligence on the Fashion Sector: A Moral Rights’ Perspective

Abstract

This chapter discusses the copyright-related impacts that sophisticated artificial intelligence (AI) has on authors in the fashion sector. The increasing use of AI in fashion design may threaten the position of human designers, as AI is cost-efficient and, unlike human designers, is not entitled to IP rights over its ‘creations’. The fashion sector should be concerned about AI’s effects on human designers because they are already in a vulnerable position in the fashion value chain. From a copyright standpoint, the practices of the fashion industry in relation to the treatment of (human) designers are questionable. This is particularly visible in the way designers’ moral rights are systematically ignored, diluting designers’ authorial role and transparency in terms of the source of designs. At the same time, fashion companies’ increasing use of AI raises further transparency issues regarding the origin of designs, causing uncertainty both for consumers and rivals. Increasing attention to designers’ moral rights, in particular the right of attribution, could help to improve human designers’ position, balance the unjust status quo, and increase transparency. Moreover, a functional equivalent of the right of attribution to AI-generated output would improve transparency in fashion and creative sectors in general.

Keywords: copyright, author's rights, moral rights, artificial intelligence, fashion, fashion law, fashion design