The Legal Status Of AI-Generated Fashion In Authorship, Ownership And Design Rights
- IJLLR Journal
- 3 days ago
- 2 min read
Mohan Kumar S.K., LL.M. (Intellectual Property and Trade Law), School of Law, CHRIST (Deemed to be University), Bengaluru, India
ABSTRACT
This study analyses the emerging legal issues concerning AI-created fashion designs, in particular with respect to authorship, ownership, originality, and design protection under Indian and International intellectual property (IP) laws. It examines academic and policy sources setting out how copyright and design laws might operate when artificial intelligence is responsible for the creation of clothing and accessories. The review includes academic works analyzing AI-generated creativity, government reports, and legal commentary. Issues considered include the need for a human author, the level of originality and whether design right regimes will protect or fail to protect AI-assisted fashion designs. Indian points of view are highlighted with comparison to U.S., EU and WIPO views. The survey points to the fact that most of the present laws still presuppose human creativity such as the Indian Copyright Act attributes authorship only to a person who “causes” a computer to make a work. At large there is consensus that AI works are not covered by copyright at this time and therefore legislation is needed to fill the gap. Significantly, we observe voids in material in India, Indian laws have yet to explicitly deal with generative AI, design law is not considered in a large number of studies. Through drawing a parallel with recent legal developments worldwide, like UK’s “computer-generated works” rule, EU’s data-mining folklores, and US courts discussing AI art, the review shows the gaps in Indian AI authorship, ownership, and design rights clarification. It ends with highlighting open issues e.g., who owns the design created by an AI-engine and a strong plea for legal adaptation. This analysis provides guidance for further research on modifying IP law for AI-generated fashion innovation.
Keywords: AI-generated fashion, Authorship, Design protection, Originality, Intellectual Property law.
