The rise of generative AI technology has ignited a series of ethical and legal questions within the fashion and luxury industries. Should we fear generative AI? How can we ethically harness its potential? Are designs generated by this technology subject to copyright, and what happens to the original creations involved in the process? These pressing issues took center stage at the 22nd edition of the Rencontres internationales de la mode forum, hosted during the Hyères Festival by the French Fashion and Haute Couture Federation (FHCM) on October 14. These concerns have gained significant relevance for fashion labels, as the use of generative AI has surged without a comprehensive legal framework.
While the discussions at the Hyères event were enlightening, they did not provide complete reassurance. Regulating this disruptive technology poses complex challenges. The European Union is currently in the process of enacting new legislation known as the IA Act, making it the world’s first law of its kind. Proposed by the European Commission, it successfully passed its first reading in the European Parliament in June 2023 and is now in the final stages of discussion between the EU Council and Parliament to establish a common position. The IA Act aims to harmonize rules at the EU level, ensuring the safety and alignment with European values of artificial intelligence technologies while fostering innovation.
Eric Peters, the deputy head of the unit responsible for the European Commission’s Digital Decade Strategy 2030, emphasized that the IA Act seeks to regulate the use of generative AI more strictly, introducing transparency obligations and limits for high-risk technological models. It is expected to become operational in 2026, but essential matters concerning its application and oversight still require careful consideration.
Laurence Devillers, a professor of artificial intelligence at Paris’s Sorbonne University/CNRS, raised concerns about the hype surrounding generative AI and emphasized the need to challenge the myth of generative AI as an all-knowing authority. Devillers cautioned against being swayed by industry giants keen on resisting regulation, emphasizing that AI is a tool and not an entity with a grasp of time or space.
The surge in generative AI’s prominence over the past year has not been accompanied by legal clarity. Notably, it has been developed without regard for copyright, as Vincent Fauchoux, an associate lawyer and managing partner at legal firm DDG, pointed out. Generative AI has been built using practices such as data scraping, storing, and indexing data from the web without permission, making it impossible to trace the original sources.
Fauchoux explained the paradox where generative AI creations are copyrightable but lack a clear original source. Potential solutions include extraordinary agreements with the players involved and advocating for traceability in production contracts. The French Society of Authors, Composers and Music Publishers (Sacem) is even exploring the possibility of an AI tax to allow machines to use authors’ works for development, with royalties paid to authors.
The generative AI market is expected to soar, with estimates projecting it to be worth $67 billion in 2023 and $1.3 trillion by 2032, along with substantial investment growth. While these technologies offer significant benefits, it is imperative to employ them responsibly, with a focus on good practices and the sharing of information.
As the EU prepares to regulate generative AI, Eric Peters assured the audience that a new governance system would be established to ensure that players align with European values and regulations. The emergence of more powerful players within Europe is considered crucial in shaping the future of the generative AI landscape.
