Artificial Intelligence (AI) is changing the fashion industry, offering designers innovative tools to enhance creativity and hasten production. AI technologies are increasingly integrated into various stages of fashion design, from trend forecasting to creating unique patterns and styles. For instance, AI tools like Resleeve, Botly Studio, and The New Black enable designers to generate novel fashion concepts in seconds based on text prompts, mood boards, or uploaded images. Platforms like Zyler, CLO3D, and Style.me allow customers to upload photos or input measurements to virtually "try on" clothes, reducing uncertainty in online shopping and potentially lowering return rates.1 Additionally, AI-powered tools such as CLO 3D, VStitcher by Browzwear, and Optitex2 can generate design prototypes, reducing the time and resources required in the traditional design process. However, as Nigerian creatives embrace AI, it's crucial to understand the legal implications, especially concerning intellectual property (IP) rights. This article explores how AI influences fashion design and the associated legal challenges within the Nigerian context.
Ownership and Authorship of AI- Generated Fashion
The incorporation of AI in fashion design raises several IP concerns, particularly regarding ownership and protection of creations. Nigeria's current copyright and other IP statutes were established prior to the emergence of AI and do not provide explicit guidance on authorship and ownership issues involving AI-generated output.
AI's ability to generate original works has raised complex questions about authorship and ownership. A cursory look into international legal frameworks such as the Berne Convention, EU Copyright Law, and national legislation highlights the need for legislative updates to address the challenges and opportunities of AI-generated works. It highlights the necessity to adapt legal systems to the realities of the digital age, where AI plays an increasingly significant role in content creation. 3
According to the Nigerian Copyright Act 20224, only original works produced by human authors, such as literary, artistic, and audiovisual works, are eligible for copyright protection. Although originality under the Act means putting forth enough effort and expressing an idea, works produced entirely by artificial intelligence (AI) without human input might not be eligible because AI lacks legal personality. The Act excludes non-human creators like AI and defines an "author" in human terms5, such as "the person" who took a picture or set up a sound recording. Therefore, even though AI is capable of imitating creativity and effort, its results are unlikely to pass Nigeria's legal authorship test or be protected by copyright.
Consequently, The Patent and Design Act6 defines an industrial design as "Any combination of lines or colours or both, and any three-dimensional form, whether or not associated with colours, is an industrial design, if it is intended by the creator to be used as a model or pattern to be multiplied by industrial process and is not intended solely to obtain a technical result." Furthermore in Section 147 the creator of an industrial design was defined to be "a person" again clearly excluding non-human creators.
One may now wonder, what happens when a designer creates a design using AI by inputting specific prompts and adjusting the prompts until a desired result is achieved8. Who will be regarded as the author, the person or the AI? . Again, what becomes the fate of a designer whose IP has been infringed upon as a result of another fashion creator using sophisticated AI mechanisms to forecast fashion trends and analyse market trends, then mass produce it, thereby infringing on the initial creator's rights.9 And finally, AI tools now exist that analyze data from social media, fashion shows, and e-commerce sites to predict emerging trends in colors, fabrics, and styles. Will a designer also be denied rights to IP because they used AI to forecast trending colours and designs, thereby creating new designs?
Finally, determining who owns the IP rights in AI-generated works is a complex and evolving issue. There should be a careful balance between protecting individual creativity, acknowledging the capabilities of AI, and ensuring fair access to AI-generated content. As technology continues to evolve, so too must our legal frameworks.
Recommendations for Nigerian Creatives
To navigate the legal complexities of AI in fashion design, Nigerian creatives should consider doing the following until we have enacted IP laws that comprehensively make provisions for the incidents of generative AI.
- Human Involvement: Ensure significant human oversight in the design process to strengthen claims of authorship and eligibility for IP protection.10
- Conduct Due Diligence: Perform comprehensive searches to avoid infringing on existing IP rights when using AI-generated designs.
- Consult with your lawyer and seek legal advice to understand the nuances of and the best way to go about protecting AI-assisted creations under Nigerian law.
- Protect your original works to strengthen your claims of authorship in a scenario where your work is infringed upon using AI,.
- Advocate for Legal Reforms: Engage with policymakers and collaborate with IP lawyers to update IP laws, ensuring they address the realities of AI in creative industries.
Conclusion
AI is constantly evolving, and fortunately, it has reached the fashion industry, but unfortunately, our legal system seems not to be ready for the constant evolution and legal battles that may ensue in Nigeria. While it seems like the legal battles have not reached Nigeria, it is definitely coming, and we must get ready for the complex legal challenges it will come with, particularly concerning intellectual property rights. The problem of who owns the IP in an AI-generated design, counterfeiting, and various other legal issues abound. Nigerian creatives must be proactive in understanding and addressing these issues to protect their work and navigate the evolving landscape of fashion law effectively. To get more accurate information on this topic, it is advisable to always consult a lawyer or refer to recent court decisions.
Footnotes
1. How AI is Slashing Fashion Ecommerce Returns by 60%: The Secret to Happier Shoppers and Higher Profits. Retrieved from https://www.mirrorsize.com/blogs/reduce-e-commerce-returns-in-fashion-industry-with-ai accessed on 12th May 2025
2. Top 10 AI Tools for Fashion Design in 2024: From Sketching to Production Retrieved from https://thefword.ai/top-ai-tools-for-fashion-design/. Accessed on 12th May 2025
3. Artificial Intelligence and Copyright Protection in Nigeria, Legal Impact and Challenges. Retrieved from https://sskohn.com/artificial-intelligence-and-copyright-protection-in-nigeria-legal-impact-and-challenges accessed on 9th May 2025
4. Section 1(1), Section 2(1)
5. Section 108 of Copyrights Act 2022
6. Section 12 Patents and Design Act 1971
7. Patents and Design Act 1971
8. China: A landmark court Ruling on Copyright protection for AI generated Works. Retrieved from https://globallitigationnews.bakermckenzie.com/2024/05/08/china-a-landmark-court-ruling-on-copyright-protection-for-ai-generated-works/?utm_ accessed on 9th May 2025
9.Giana v. Shein Distribution Corp, 1:24-cv-02599 (SDNY). https://www.thefashionlaw.com/a-new-lawsuit-lifts-the-lid-on-sheins-ai-powered-ultra-fast-fashion-model/ accessed on 9th May 2025
10. Stephen Thaler v. Shira Perlmutter, et al., 1:22-cv-01564 (DDC). accessed 12th May 2025.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
