A U.S. federal appeals court recently ruled that works generated solely by artificial intelligence are not eligible for copyright protection. This decision adds a new layer of complexity for fashion and beauty brands already operating in an IP environment where protection is sometimes difficult to secure—and can be even harder to enforce.
Key Takeaways for Brands
- Human input remains essential. Copyright law requires human authorship. If AI creates it on its own—visuals, designs, text—you can’t claim rights.
- AI-Created assets may not be protectable. If an AI-generated campaign visual or product design cannot be copyrighted or registered, it could be freely reused or copied by others—undermining brand value and exclusivity.
- IP strategies must evolve. Brands should audit their use of AI across creative functions. Establish clear protocols to ensure human involvement is present and well-documented in any process intended to produce IP.
- Cross-functional coordination is critical. Legal, marketing, and product teams must align on AI usage policies. Early collaboration can mitigate downstream disputes over authorship, ownership, and rights clearance.
Looking Ahead
This ruling is part of a broader legal trend: as AI becomes more embedded in the creative process, traditional IP frameworks are being tested. Fashion and beauty brands embracing these technologies must do so with a clear understanding of the legal boundaries—and the gaps.
While humans who use AI tools to develop designs may retain copyright, the court’s decision in the Thaler case firmly denies any path to protection for works generated wholly by machines. As such, for fashion brands investing heavily in AI-driven innovation, this ruling underscores the importance of maintaining human oversight and involvement in the creative process to allow for legal protections.
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