CTRL+Culture: Artificial Intelligence And The Exploitation Of Traditional Designs In Fashion
- IJLLR Journal
- Dec 16, 2025
- 1 min read
Diya Dilip, BITS Law School, Mumbai
ABSTRACT
Traditional cultural expressions (TCEs) are intergenerational knowledge systems that are interwoven with the social, cultural and economic identities of traditional artisanal communities. There has been documentation of the vulnerability of TCEs in the context of misappropriation by global fashion houses, but with the integration of Artificial Intelligence, there poses a new threat. The central question is when AI and large fashion industries use TCEs as input to produce outputs, at what point does it shift from inspiration to infringement and why does the Indian framework fail to protect these vulnerable originating communities? Prior research submits that while current Intellectual Property laws provide partial protections, it has foundational gaps where collective rights disappear. This paper addresses how these gaps interact with AI driven infringement using an analysis of Indian IP statutes, International models and theoretical engagement with Epistemic Injustice and Postcolonialism. It attempts to define the fine line between inspiration and infringement and the possible implications of such infringement that undermines cultural significance and rights. It is argued AI outputs derived from TCEs are rarely transformative and create a shadow market that is detrimental to traditional artisans. The paper advocates for a Sui Generis model that acknowledges communal authorship and rights, striving to harmonize the existence of AI and TCEs in the fashion industry. The findings of this paper underscore the need to reconsider the relationship between technological innovation and long standing culture, prompting the question if technological progress can occur without erasing the very culture it draws from.
