I created a pattern with the help of artificial intelligence. Is it mine?
- Carolina Lago Advocacia
- 5 days ago
- 2 min read
With the rise of artificial intelligence in the creative sector, questions about authorship and intellectual property like this have become increasingly common, especially in the fashion industry, where the originality of prints, textures and patterns is a valuable asset. After all, when a print is created using an AI tool, who owns the rights to it?
The answer is: it depends on the degree of human intervention in the creative process.
If AI was used as an auxiliary tool, and the creation of the print involved human choices, adjustments, visual references and creative decisions, there are enough elements to recognize the authorship of the work to the human creator. In other words, even using artificial intelligence, if the final creation is the result of an authorial process guided by you, it is possible to seek legal protection, such as industrial design registration or copyright.
On the other hand, if the print was generated automatically, with minimal or no human interference, recognition of authorship becomes more uncertain. This is because, in Brazil, the Copyright Law (Law 9.610/98) only recognizes as an author the person who actually creates, and there is no legal provision to recognize an AI as the holder of rights.
In Fashion Law, these details matter. The creative industry, especially fashion, needs to adapt legally to the use of new technologies. Therefore, specialized legal advice is essential to assess the degree of authorship, guide registrations, contracts and even specific clauses on the use of AI in creative processes.
The future of fashion is technological, but legal security continues to be built with strategy, clarity and prevention. To do this, seek a professional to give you the appropriate guidance on the subject.
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