This article is authored by Rujuta Bapat and Vrinda, second-year, B.A. LL.B. (Hon’s) students at the National Law Institute University, Bhopal.

Introduction

As Fei-Fei Li, the Co-Director of the Stanford Institute for Human-Centered Artificial Intelligence, said, “Artificial intelligence is not a substitute for human intelligence; it is a tool to amplify human creativity and ingenuity.” In a world where industries that are highly creativity-centric, such as fashion, are deeply affected by AI, it is the need of the hour to discuss how it affects the industry and the potential problems it may cause.

Most recently, the Fashion Workers Act was signed into law in New York to prevent the exploitation of models and protect them from AI-related issues that arise in the fashion industry. In India, the legislative framework addressing the impact of AI in fashion law is still underdeveloped. While AI serves as a highly effective tool with significant potential, it also introduces several challenges that necessitate the establishment of a robust legal framework.

Problems with the use of AI in the Fashion Industry

As technology progresses, it becomes more adept at helping humans with menial tasks that once took years to complete. This includes the most basic tasks to game-changing ones, such as reading and analyzing statistics to determine trends. Machine learning has become the norm in industries like fashion, where decades of data are used to make important business decisions.

However, there are several issues that arise, one of which is the discrimination that may be perpetuated by the system used. Machine learning systems learn from the data that is fed into them, and more often than not, such data is discriminatory in nature. The problem arises not only in the industry but also with the customers.

The advent of AI has led to what is more commonly known as Natural Language Processing (NLP), which refers to virtual assistants that run on the websites of fashion companies. These also have the potential to be problematic due to potential bias as well as the lack of protection of personal data without proper laws.

From an ethical point of view, the use of AI in this industry undermines the core of the industry itself: creativity. Fashion industries use Generative Adversarial Network (GAN), which work to create entirely new designs and patterns. Although this is a step toward introducing novelty in the field, it may lead to many problems, such as the unemployment of skilled workers who have been practicing their craft for centuries.

Another emerging problem is sustainability. With the use of AI, designs will be marketed, sold, and discarded at a rate faster than could ever have been contemplated. This raises concerns about the wastage of materials that would ordinarily take a longer time to wear out. The speeding up of all the processes may be beneficial for the company economically, but it is not necessarily good for the environment.

Besides, the implementation costs of these systems are very high, which could result in a loss for companies that are just starting up. Additionally, in a country like India, without proper competition laws, this could lead to the downfall of traditional fashion forms that involve weaving and human creativity. A delicate balance must thus be struck between the use of AI in this industry and the cultures that we want to preserve.

International Perspective and Solutions

It is important to exercise due diligence in the regulation of fashion technology as it will not only ensure ethical conduct by fashion companies but also ensure customer safety while prioritizing environmental sustainability. So, in order to corroborate long-term viability, major economies globally are placing emphasis on the diligent inculcation of technology and AI in fashion.

For example, the European Union has introduced Corporate Sustainability Due Diligence Directive (CSDDD) to facilitate responsible behaviour by reducing carbon emissions, waste, chemical toxicity etc. which are emitted during the process. Also, the General Data Protection Regulation has been introduced by the EU to protect the rights of individuals concerning fashion companies using AI-based technologies. This regulation ensures that the personal information of customers is processed transparently and cannot be accessed or misused elsewhere.

The United States’ Digital Millennium Copyright Act provides protection to original designers in the fashion industry and prevents unauthorized infringement through the use of AI. Additionally, the AI Risk Management Framework was formed in August 2022 to make leading players in the industry aware of the potential risks associated with the rapid inclusion of AI in fashion and its appropriate use. The UK has also enacted ESG rules focusing on the sustainable use of fashion technology, alongside the protection of original works, to prevent the loss of originality through the use of AI under the Copyright Designs and Patents Act.

France, which has emerged as the leading fashion hub, surpassing USA with 3000 points on the index of fashion industries worldwide, has stringent copyright infringement laws to ensure that AI technology does not hamper benefits arising from creations. This ensures that data protection, privacy, and other related elements are carefully monitored. Article L511-2 of the French Intellectual Property Code ensures protection for various designs, which is helpful in ensuring originality and preventing counterfeiting through the use of AI.

In India, the Designs Act, 2000 regulates and protects designs in the realm of the fashion industry. The Digital Personal Data Protection Act was enacted in 2023, addressing the rising concerns associated with the rapid use of AI, which has led to breaches of data privacy in various fields, including fashion technology. If an AI-generated design is registered, it is granted protection under the Copyrights Act, 1957. Principles for Responsible AI, as outlined by NITI Aayog, have also been reiterated to ensure the ethical and transparent use of AI technology in the field of fashion. India is continuously focusing on ensuring the appropriate use of AI technology and making the best use of it. However, when compared to other major economies, more steps can be taken to ensure smooth progression.

India can take measures like the EU and France by introducing directives whose primary objective is to ensure reduced environmental degradation. IP laws ought to be strengthened to appropriately address matters arising from AI-generated designs. Specialized Fashion Tribunals can be established to deal with these matters. The EU has enacted the AI Act , which includes stringent rules regarding the use of AI in the fashion industry. India should also have strict standardized rules, given the fast integration of AI in the present time. Additionally, e-commerce rules under the Consumer Protection Act should be refined to ensure transparency in algorithms and the originality of products to safeguard consumer interests.

This can be achieved by running campaigns to educate customers about the importance of securely using private data. Furthermore, specific guidelines can be issued regarding the use of fashion technology and AI for major companies operating in this sector. Public-private partnerships can ensure more people are involved in identifying and addressing AI-based threats in the realm of fashion. Additionally, supporting local designers, given the cultural diversity and creativity in India, can help improve their access to the global market as competitors in the fashion industry. Besides this, investing in AI education and research can prove to be a blessing in disguise for developing economies like India, as it is likely to reinforce the ethical and responsible use of technology in the fashion industry while also promoting creativity. Ultimately, this will lead to the nation’s overall progress. Thus, this multi-faceted approach, addressing concerns about sustainability, data protection, and budgeting, can serve as a stepping stone for the advancement of fashion technology in the country.

Conclusion

The fashion industry has emerged as a hybrid model, which serves as a catch-all for traditional craftsmanship, creativity, and technology in today’s world. While the increased use of AI-based technologies has opened up new doors for creativity through unique combinations and fascinating ideas for fashion designers, it has also posed threats to the smooth functioning of the industry due to the risks associated with breaches of privacy, sustainability, and NLP. A collaborative and multifaceted approach can help in better understanding and application of regulatory frameworks, which will aid in extracting the best use of technology while efficiently addressing legal loopholes.