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 should align on AI usage policies. Early collaboration may 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.