Article Intelligence in the Fashion Industry

Artificial intelligence driven image generation technology has the potential to revolutionize industries that rely heavily on the visual arts. Prominent among these fields is the fashion industry—which has recently seen a shift in design and marketing strategies—that emphasizes more frequent designer turnover and invokes archived motifs. This change has left the door open for AI technology to fill a gap would transform the cost and accessibility of designer clothing—a gap which is unable to be filled under the United States’ current intellectual property regimes, specifically copyright. In this Note, the deficiencies in past analogous copyright justifications and previously proposed ownership solutions are examined and a proxy rights-holder register for AI machines is proposed as an enduring solution to the rapid advancement of AI capabilities.